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Fidelis Munyoro Chief Court Reporter
THE wrangle over control of the Apostolic Faith Mission of Africa (AFMA) in Bulawayo is far from being over after dethroned Reverend Tony 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. Rev Tshuma was appointed to lead the church in 2008 but Justice Nokuthula Moyo last week declared his appointment a nullity, saying proper procedures were not followed.
She ruled that the church should elect a new leader and board members in terms of the church’s constitution of 1986.
Dissatisfied with the court ruling Rev Tshuma — who is being represented by Majoko and Majoko law firm — filed a notice of appeal at the Supreme Court in Harare on Friday, seeking to quash the lower court’s decision.
In his notice, which sets out the grounds of appeal, Rev Tshuma argues that the lower court erred when it upheld the preliminary point raised by the splinter group led by Rev Clement Nyathi.
He contends 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,” read the notice of appeal.
“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.”
Since the beginning of the year, the church has been plagued by an acrimonious leadership wrangle pitting the Rev Tshuma and the Rev Nyathi faction.
The High Court ruling followed an urgent chamber application by Rev Tshuma challenging Rev Nyathi’s faction, which had earlier sought an order declaring his appointment null and void.
Justice Moyo noted in her ruling that Rev Tshuma and his board of trustees were not properly elected in terms of the church constitution.
The judge said in her view, there is no valid occupier of the post of the president and overseer of the church and a new leader must be appointed.
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, six years ago.
He accused Rev Tshuma of fraudulently amending the constitution without the knowledge of members of the church’s board of trustees. Rev Tshuma was also accused of abusing church funds and grabbing a church-owned farm in Mangwe, charges he denies. The church, formerly known as the Apostolic Faith Church of Portland Oregon, 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 against Rev Sibanda.
This prompted him to break away from the original Pelandaba church with his sympathisers forming their own church at Lobengula Extension, renaming it Apostolic Faith Mission of Africa.
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