Online Reporter
Mashudu Netsianda, Deputy National Editor
THE protracted legal and administrative dispute between the Salvation Army Church and the Tshelanyemba community in Kezi ,over the control of Tshelanyemba High School has taken a new turn, with villagers now calling for President Mnangagwa’s direct intervention.
At the heart of the conflict is an allegation that the Salvation Army has illegally constructed a pastor’s house within the school premises, using what the community claims is a fraudulently acquired lease agreement, Lease Number CL37424.
Tensions between the church and the community over the school date back several years, stemming from disagreements around infrastructure development, the exclusion of community voices in key decisions, and contestations over who rightfully owns and controls the institution.
In a formal letter, dated 24 November 2024, and signed by local leaders including Acting Chief Malaba, Headman Sigangatsha, the community appealed to the President for urgent redress. The letter, addressed to the then Minister of State for Matabeleland South Provincial Affairs and Devolution, Dr Evelyn Ndlovu, was also copied to the Minister of Primary and Secondary Education, Torerai Moyo, the Minister of Local Government, Daniel Garwe, and Chiefs Council president, Chief Mtshane Khumalo.
“We, the undersigned residents of the Tshelanyemba community, which established Tshelanyemba High School as a community school in 1982, request your good office to forward our plea to His Excellency, the President of the Republic of Zimbabwe, Dr ED Mnangagwa, on the illegal and unplanned church buildings inside Tshelanyemba High School premises and fraudulent use of lease number CL37424 by the Salvation Army Church,” read part of the letter.
The community alleges that the Salvation Army, which acts as the school’s responsible authority, is abusing its position by constructing non-academic structures such as a pastor’s residence without the consent of local stakeholders or approval from relevant authorities. They argue that the 1985 lease, signed between the Salvation Army and Matobo Rural District Council, covering 4 000 square metres, is being misused to claim ownership of land that the community believes belongs to them.
“The church is using a lease agreement, which it signed with Matobo Rural District Council in 1985 by falsely claiming that the land on which the school is built is under lease number CL37424, measuring 4 000 square metres,” the letter continues.
The latest development follows a recent legal defeat suffered by the Tshelanyemba High School Development Committee (SDC), led by community representative, Mr Patrick Ndiweni.
The committee approached the Bulawayo High Court seeking a declaratur that would strip the Salvation Army of its responsible authority status, arguing that the church had no legal claim to the school.
The SDC’s position was that the school was established in 1981 by the community after the closure of a Salvation Army-run primary school. They argued that locals mobilised resources, secured land, and constructed the school independently, only later inviting the Salvation Army to assist with administrative oversight, a role the church now claims as a basis for ownership.
In response, the Salvation Army, represented by its Territorial Commander, insisted that it had established the school with full legal authority and land rights.
The church contended that the land was allocated to it by local leadership and Matobo RDC, dismissing the notion that it was merely invited by the community. The church insisted that if parents were unhappy, they were free to establish another school on different land.
Presiding over the matter, Bulawayo High Court judge Justice Evangelista Kabasa, dismissed the SDC’s application on procedural grounds, ruling that the committee lacked locus standi (legal standing) to represent the entire community in constitutional matters.
She further ruled that the matter involved “material disputes of fact”, particularly concerning who founded the school, which could not be resolved through a simple application and would require a full trial.
“The applicant, as a statutory body, may only act within the confines of its legal mandate, which does not extend to representing the entire community in constitutional matters such as this,” said Justice Kabasa.
Although the court found no issue with the composition of the SDC or Mr Ndiweni’s standing as a guardian, the case was ultimately thrown out due to procedural flaws.
The Minister of Primary and Secondary Education and the Permanent Secretary, who were cited as the second and third respondents, did not appear or submit any papers in the matter, effectively abiding by the court’s decision.
Justice Kabasa said procedural flaws were fatal to the application.
“The two points in limine, that is lack of locus standi and material disputes of fact, are dispositive of the matter,” she ruled, dismissing the application with costs.
Contacted for comment, Matobo Rural District Council chief executive officer, Mr Elvis Sibanda, confirmed that he was aware of the dispute but said the local authority is limited in its powers.
“As a local authority, we are aware of this long-standing dispute. However, there is little we can do since the school is privately run. While the community has requested that we take over as the responsible authority, that can only happen if the current responsible authority, which is the Salvation Army Church, gives us the green light,” he said.
The Salvation Army’s Zimbabwe and Botswana Territory Chief Secretary, Colonel Tineyi Mambo, said he was not aware of the issue.
“As far as we are concerned, we are not aware of any issue involving our church fraudulently using a lease agreement to build any structure at Tshelanyemba. Where is this information coming from, and why approach the media instead of our administrator?” he said.
Ministry of Primary and Secondary Education, spokesperson, Mr Taungana Ndoro, confirmed that the issue had been brought to their attention.
“I can confirm that we are aware of such an issue, and it is currently under investigation,” he said.
Tshelanyemba High School was established in the early 1980s at the height of post-independence reconstruction. Following the closure of a mission-run primary school, villagers reportedly mobilised to establish a secondary school to cater for the growing educational needs of the area.
They sourced building materials, acquired Government grants, and constructed the school to retain control over its administration. The involvement of the Salvation Army, initially viewed as a partnership of convenience, has since become a source of friction, particularly as the church now claims legal and proprietary authority over the institution.
