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Archbishop Kunonga’s eviction on Wednesday sparked violence that resulted in the arrest and conviction of six members of his church for assault. The six paid admission of guilt fines for assaulting some security guards employed by Metro Security. Bishop Chad Gandiya’s Church of the Province of Central Africa hired Metro Security to safeguard its premises after Archbishop Kunonga’s eviction.
The eviction was done in fulfillment of the Supreme Court judgment that declared CPCA the legitimate owner of all church properties in the Diocese of Harare. Around 8am, police details barred the church members from entering the Cathedral before the officer commanding Harare Central District Chief Superintendent Alexio Chagwedera and his deputy arrived.
The police bosses were locked up in a lengthy meeting inside the Cathedral with Bishop Gandiya and his lieutenants until they finally allowed the church members to access the properties. During the one-hour service dominated by praise and worship, police details were milling outside for security reasons.
There was drama yesterday at the main entrance to the cathedral as Archbishop Kunonga sat in a relaxed manner in the yard, telling those who accompanied him that he was the legitimate owner of the premises.
Archbishop Kunonga went back to the Cathedral two hours after the Deputy Sheriff had evicted him and all other occupants before locking gates and doors. Scores of people gathered outside the cathedral to catch a glimpse of the drama.
Property belonging to caretakers, church employees and tenants was thrown onto the streets. After the arrest of the six, Bishop Gandiya’s priests stormed the premises at around 5:30pm in their black robs. One of the priests used an iron bar to break the padlock and chains that had been put to secure the gate by the arrested suspects.
While inside, the priests ordered remaining members of Archbishop Kunonga’s camp to leave. After five minutes, the Kunonga loyalists drove away. Two others who remained inside while their colleagues drove away or force-marched out of the building.
Archbishop Kunonga’s lawyer Mr Jonathan Samukange of Venturas and Samukange yesterday wrote a letter of complaint to Judge President George Chiweshe against the deputy sheriff for evicting Archbishop Kunonga.
Mr Samukange argued that the deputy sheriff disrespected the High Court after it set down an urgent chamber application by the Anglican Church of the Province of Zimbabwe against eviction for next Tuesday.
The urgent chamber application seeks to interdict the deputy sheriff from evicting the church from the cathedral offices, Paget House along Kwame Nkrumah Avenue and at Number 101 Central Avenue.
Mr Samukange’s letter was copied to the Secretary for Justice and Legal Affairs Mr David Mangota, the deputy sheriff’s office, Mr Raymond Moyo of Gill Godlonton and Gerrans and to Archbishop Kunonga.
He said the deputy sheriff and his assistant refused to consider the fact that there was already a notice of set down for the urgent chamber application.
“Mr Matipano (the deputy sheriff) informed him (Mr Samukange) that he would not stop the eviction despite the fact that he had seen the notice of set down where the matter of eviction was to be argued,” read part of the letter.
“This conduct was tantamount to defeating the urgent chamber application. He said he would proceed with the eviction.
“It has always been a custom and tradition that when an urgent matter has been set down, it suspends execution until the matter is heard.
“This creates a dangerous precedent whereby the deputy sheriff takes the law into his own hands. When a case is set down, it automatically suspends any further action until the matter is determined.”
Mr Samukange gave notice of their intention to make an application for directions on how the deputy sheriff and his assistant may be compelled to restore the status quo that existed before yesterday’s eviction.
leeroy
Online Reporter