Online Reporter
Fidelis Munyoro
Chief Court Reporter
The 20 church members who challenged the United Baptist Churches of Zimbabwe’s (UBCZ) March 29, 2025 leadership elections have won their case after the Mutare High Court nullified the poll and ordered fresh elections.
Justice Sijabuliso Siziba ruled that the church’s National Committee had no constitutional authority to vet and disqualify candidates who had been nominated by local churches and district assemblies.
The judge ordered UBCZ to conduct fresh National Executive Committee elections within two months at a duly convened National Assembly, with all properly nominated candidates, including those previously disqualified, eligible to contest.
The court also ordered that, pending the fresh elections, the former leadership comprising Austin Mabhena and Irvin Moyo revert to the positions of president and vice-president, respectively.
The dispute arose after several candidates were disqualified before the March 29, 2025 National Assembly, where Peter Manzanga and John Mazuwa were elected president and vice-president.
The applicants, represented by Professor Lovemore Madhuku, argued that the National Committee had unlawfully assumed the powers of a “vetting committee” and that the disqualifications undermined the validity of the entire election.
Justice Siziba agreed.
“The very disqualification of elected delegates by the National Committee is contrary to the letter and spirit of the first respondent’s Constitution,” the judge said.
The court rejected arguments that the vetting practice was justified because it had allegedly been followed by the church since 2004 and had been discussed and approved by the National Assembly in 2012.
“The argument that there have been previous occasions where such vetting has occurred … does not justify the perpetuation of such unlawful and illegitimate conduct,” ruled Justice Siziba.
The judge said the church, having adopted a written Constitution, was bound by its provisions in governing its affairs and dealing with its members.
“The existence of a Constitution is testimony to the fact that those who are members of the Church agree to be bound and guided in their behaviour as individuals or office-bearers on ecclesiastical matters by the provisions of the Constitution,” the court said, quoting an earlier judgment.
The court found that the unlawful exclusion of duly nominated candidates meant the National Assembly was improperly constituted and affected the integrity of the subsequent leadership election.
However, the applicants failed to substantiate separate claims that the meeting lacked a quorum and that the ballot papers were defective.
“Since the applicants failed to provide any attendance register, they failed to prove allegations that there was no proper quorum,” Justice Siziba said.
The court consequently declined to grant the applicants’ separate declaratory relief concerning alleged breaches of Articles 6.2.3 and 6.2.4 of the UBCZ Constitution.
The respondents, represented by Mr Alec Muchadehama, were ordered to pay the applicants’ costs of suit.
