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Mash Central Bureau
The Supreme Court has affirmed the High Court decision that a break-away faction of the Evangelical Church has no right to any church property.
The court said individual breakaway congregations cannot retain church buildings and that the breakaway faction must surrender all church property and stop using the church name and uniform.
The break-away group was led by Bishop Benson Makachi, Mr Mugava, Simon Nota, Silas Gweshe, Gibson Mutsaka, Everson Breakfast, David Chiveso, and Reverend Fredson Gama.
Bindura Evangelical Church in Chipadze has started repossessing church property from Rev Gama, who was illegally occupying the premises as pastor, following the Supreme Court ruling.
Problems in the church started in 2014 after Makachi’s five-year term as a bishop expired and the church prepared for the election of a new bishop.
A division arose after the setting up of a selection committee and the annual general conference was deferred until March 2015.
Three candidates were nominated; Mr Makachi seeking a new term, a Mr Kayawa and Bishop Isaac Soda.
The split in the church started when Mr Makachi was disqualified for not having a theology degree.
Mr Makachi was aggrieved, disputed his disqualification, and refused to withdraw from the list of nominees.
Bishop Soda was elected, but his election was nullified during preparations for his inauguration.
A new structure consisting of the eight breakaway leaders including Mr Makachi emerged and litigation commenced.
Bishop Soda was re-elected in 2016 as the rightful leader of the church.
Parallel structures were created and the eight held onto church property, using the church name and uniform, defying attempts to be disciplined by the church.
The church approached the High Court in 2018 seeking a declaratory order that the eight, including its former bishop Mr Makachi, are no longer its members.
The church also sought an interdict against the use of the church name, its uniforms, and property.
In its application, the church indicated that the group was no longer part of the church hence they should surrender church property and if they refused be evicted from church property.
“This is opposing the election of Isaac Soda, they arrogated themselves positions in the church and dismissed members of the church council,” read the High Court judgment.
“They did not seek a valid process of nullifying Isaac Soda elections.”
High Court judge Justice Joseph Musakwa ruled that the eight are no longer members of the church and prohibited the eight from using church property name and uniforms.
The eight appealed to the Supreme court.
The panel of three appeal judges of the Supreme Court, Justice Tendai Uchena, Justice Alfas Chitakunye and Justice Felistus Chatukuta ruled that the appeal had no merit and judgment of the High Court could not be faulted. So the High Court judgment and orders now apply.
Online Reporter