adminMashudu Netsianda Senior Court Reporter
THE Supreme Court has dismissed an appeal by dethroned Apostolic Faith Mission of Africa (AFMA) leader, Reverend Tony Tshuma, following failure by his lawyers to comply with the rules of the highest court in the land.The ruling has left a leadership vacuum in the troubled church.
According to the court order dated February 2, 2015, the lawyers representing Rev Tshuma, Ndove Museta and Partners failed to inspect the record within the specified time in terms of the Supreme Court Rules, 1964.
“Reference is made to the notice of appeal you filed on October 10, 2014. It is noted that you did not comply with rule 15 (8a) for the inspection of the record within the time specified in terms of Supreme Court Rules, 1964. In terms of sub-rule 15(8b) of the Supreme Court rules, the appeal is deemed as to have been abandoned,” read the order.
Rev Tshuma took his case to the Supreme Court on appeal against the Bulawayo High Court decision forcing him to step down as the church overseer and president.
Justice Nokuthula Moyo declared Tshuma’s appointment as null and void on the grounds that proper procedures were not followed when he was appointed in 2008.
The judge ordered the church to go back to the drawing board and elect a new leader and board in terms of the constitution of 1986.
Dissatisfied with the court ruling, Rev Tshuma, who at the time was being represented by Majoko and Majoko law firm, filed a notice of appeal at the Supreme Court in Harare, seeking to quash the lower court’s decision.
In his notice, which sets out the grounds of appeal, Rev Tshuma argued that the lower court erred when it upheld the preliminary point raised by the splinter group led by Rev Clement Nyathi.
He contended that the lower court delivered judgment on the substantive merits of the application when only preliminary points were argued before the court.
“ Alternatively, having ruled as it did that the first and second appellants (AFMA and Rev Tshuma) were not properly before it by reason of the proceedings before it not having been authorised by the first appellant, the court a quo (lower court) erred in proceeding to enquire into and rule on matters, consequently, not before it.
The court a quo erred in granting gratuitous relief and advice not prayed for by the parties to the extent that the court a quo directed the first appellant to fill vacancies in the Board and elect a president,” reads part of his Supreme Court application.
The High Court ruling followed an urgent chamber application by Rev Nyathi challenging Rev Tshuma’s leadership and seeking an order declaring his appointment null and void.
Since the beginning of last year, the church has been plagued by an acrimonious leadership wrangle pitting the Rev Tshuma and Rev Nyathi factions. Rev Nyathi accused Rev Tshuma of conniving with some “few misguided individuals” to impose himself as the church’s leader soon after the death of his predecessor, Rev Philemon Sibanda seven years ago.
The church, led by the late Rev Sibanda, broke away from the original Apostolic Faith Church in Pelandaba in 1985 with his sympathisers and formed their own church at Lobengula Extension, renaming it Apostolic Faith Mission of Africa.
The Apostolic Faith Church in Pelandaba was founded in Zimbabwe by the late Rev Morgan Sengwayo in 1955.
After his death in 1982, Rev Sibanda was appointed church overseer. Three years later the church was rocked by squabbles following allegations of adultery levelled against Rev Sibanda.
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