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Fidelis Munyoro Chief Court Reporter
THE African Apostolic Church (VaApostora VeAfrica) founded by Archbishop Paul Mwazha has won the legal battle to stop one of his sons, Alfred Kushamisa Mwazha, from hosting a three-day pilgrimage slated for today, as factional dog fight continue within the church.
Alfred, also known as AK, is leading a rival faction which is seeking to wrestle control of the church from his father in the face of a court order that reinstated the centurion cleric at the rudder of the church.
This time it was Archbishop Mwazha’s other son, Chiseko Mwazha, along with one of the church’s bishops, Patrick Mahachi, who rushed to the High Court this week on urgent basis after they got wind of Alfred’s intention to host a church pilgrimage at two of the church’s sacred shrines in Manicaland and Midlands provinces.
The duo, who were being represented by Advocate Lewis Uriri instructed by Mr Nickel Mushangwe, won the order stopping the meeting called by Alfred and his team that included Ngoni, Masimba and James Mwazha.
Justice Rogers Manyangadze granted the application by Chiseko noting that the church filed an ordinary court application seeking the nullification of the actions and composition of the Priesthood Council Meeting illegally and unprocedurally convened by Alfred and others which abrogated and usurped the power and authority of Archbishop Mwazha.
That application is still pending.
In this case, Justice Manyangadze ruled that the legality of the purported Priesthood Council composition, resolutions, power and authority should be determined by the High Court in that court application before they could exercise such power and in this particular instance the meeting could also lead to violence given the acrimony between the two camps.
After the ruling, the Alfred-led faction’s lawyer Professor Lovemore Madhuku unsuccessfully applied for leave to appeal at the Supreme Court.
This means the faction cannot proceed with the pilgrimage meant to commence at their Holy Shrine of Ndarikure in Chirumanzu today.
The Supreme Court a fortnight ago settled the succession dispute and wrangle for control of the church after it confirmed a High Court order that reinstated Archbishop Mwazha as the leader of the church.
It emerged last Saturday that Alfred organised a meeting to install himself as church leader against the Supreme Court order which stated that he had no right to do so as the founder was still alive and it would be in contravention of the church’s constitution.
According to the churches’ constitution, Archbishop Mwazha is the permanent head of the church.
In the event of his death, the congregational priesthood which comprises all his biological sons and are bishops in the church shall preside, making decisions unanimously.
Three judges of the Supreme Court judges Justices George Chiweshe, Susan Mavangira and Tendai Uchena upheld the decision by High Court judge, Justice Chitapi, nullifying Alfred’s claim to be the successor of his aged father.
Archbishop Mwazha has delegated some of his duties to his bishops, who are his biological sons, but the debate in the church is on who will take over in the event of his demise. Archbishop Mwazha turned 103 on Monday.
Online Reporter