adminMashudu Netsianda
THE Bulawayo High Court will today hear an appeal by ousted leader of the troubled Apostolic Faith Mission of Africa (AFMA), Reverend Tony Tshuma who is challenging his interdiction from the church properties. Rev Tshuma last week filed an urgent chamber application challenging his eviction from the church following a ruling by Justice Nokuthula Moyo interdicting him from interfering, visiting or using the church’s headquarters building in Lobengula Extension among other church assets.
Rev Tshuma is seeking an order that suspends Justice Moyo’s default judgment against him. He also wants to remain in control of the church assets.
Justice Moyo’s ruling followed a court application by Rev Clement Nyathi who sought an interdict against Rev Tshuma from controlling church assets. The group wants Tshuma to vacate the church premises including his house in Bulawayo’s affluent Matsheumhlope suburb.
Rival camps in the acrimonious AFMA leadership wrangle pitting reverends Tshuma and Nyathi have since 2013 been locked in a protracted legal battle over the control of the church’s properties.
In his founding affidavit, Rev Tshuma through his lawyers Majoko and Majoko Legal Practitioners, said Justice Moyo’s ruling must be rescinded as it was fraught with irregularities.
In court papers, Rev Tshuma, AFMA and Rev Elliot Ncube are the applicants while Nyathi, James Morris, Joseph Matongo, Abel Mephulangogala and Phibion Mayowa were cited as respondents.
Rev Tshuma said the order granted in favour of the respondents was irregular because it differed with their draft order. “When the applicants were barred the respondents took unfair advantage of the bar to expand on the order sought but without the knowledge and approval of the court,” argued Rev Tshuma.
His lawyers further argued that the respondents sought to use the order against persons not named in the order resulting in confusion in its enforcement.
“While the respondents under case number HC2700/14 cited only two persons as respondents in their application, in their unauthorised amendment they sought to have the order expanded to include ‘agents’ of the applicants but without elaborating on who falls under the term ‘agent.’ The respondents have sought to close places of worship, driving out members found worshipping in the churches although such persons are not respondents in the order,” said Rev Tshuma’s lawyers.
Rev Tshuma argued that the application by Nyathi under Case Number HC2700/14 was a direct violation and contempt of the order granted by another Bulawayo High Court judge, Justice Lawrence Kamocha in August last year.
He further argued that the congregants who were affected by the order were not parties to the litigation.
Rev Tshuma, who still claims to be the overseer of the church, said he had a duty to protect the church, its members and the assets until a ruling is made by the Supreme Court. “The appeal pending before the Supreme Court is ready to be heard and it is in the best interests for all concerned, and indeed, the administration of justice, that there be finality, that this multiplicity of proceedings detracts from finality,” he said.
In the court papers, Tshuma and Elliot Ncube were cited as respondents while Nyathi, Fidelis Morris, Abel Mephulangogala, Phibion Manyowa and AFMA are the applicants in the matter.
Online Reporter