adminMashudu Netsianda Senior Court Reporter
THE Supreme Court has dismissed an appeal by Guta Ra Mwari Church leaders in Bulawayo’s Old Lobengula suburb who are seeking to overturn a High Court order barring them from interfering with their rivals’ services in Tshabalala.The leaders of the troubled church last year filed an application at the Supreme Court challenging the order by Bulawayo High Court judge Justice Martin Makonese.
The Guta Ra Mwari Church has split into three, with the chairman of its international administrative council, Evangelist Joseph Bongo Malinga, leading a breakaway faction that has since opened a new base in Tshabalala.
The appeal by the Old Lobengula group led by Joseph Bakuru Tayali and represented by Matshobana Ncube of Phulu and Ncube Legal Practitioners, was thrown out after the lawyer failed to inspect the record within the specified time in terms of the Supreme Court Rules.
“Reference is made to the notice of appeal you filed on November 14, 2014. It is noted that you did not comply with rule 15 (8a) for the inspection of the record within the time specified in terms of Supreme Court Rules, 1964. In terms of sub-rule 15(8b) of the Supreme Court rules, the appeal is deemed to have been abandoned,” read the order, dated February 2, 2015.
Malinga had made an ex-parte application through their lawyer, Zibusiso Ncube of Calderwood, Bryce and Partners, seeking to bar the other factions from interfering with and disturbing church services at the new church.
However, the Tayali-led camp subsequently took their case to the Supreme Court on appeal against the Bulawayo High Court decision.
In August last year, the group that worships in Tshabalala won a similar ruling that barred the Old Lobengula group from interfering with their services, but the order only applied to the Tshabalala church. However, the binding High Court order extends to other branches throughout the country which are under the control of Guta Ra Mwari in Tshabalala. In his ruling, Justice Makonese said: “It’s ordered that the respondents or their agents or assignees to and are hereby permanently barred from unlawfully impeding or interfering in any manner or fashion with the applicant’s peaceful and undisturbed church services at Tshabalala.”
The ruling by the Supreme Court appears to be a blow to the Old Lobengula group, which argued that the breakaway faction in Tshabalala did not control any branch in or outside the country.
Justice Makonese ordered the lawyer for Guta Ra Mwari in Tshabalala to submit a list of branches that the group controls.
Guta Ra Mwari Lobengula has a separate pending application seeking to interdict Guta Ra Mwari Tshabalala from using the name Guta Ra Mwari.
“The applicant registered the church (CA1/2014) and now there are three different organisations with the name Guta Ra Mwari. One is Guta Ra Mwari Zvimiso, the other Guta Ra Mwari Religion and the new one Guta Ra Mwari,” read the application.
The other faction Guta Ra Mwari Zvimiso has its own leaders and uses Mpopoma as its base.
Prior to relocating to Mpopoma, the group used to share the same premises in Old Lobengula where members at one point insulted each other using unprintable words during a church service. At one time the same members assaulted each other.
In his application, Malinga, representing the Tshabalala group, cited Guta Ra Mwari Religion, Tayali, Joel Tawedzera, Stephen Sibanda, Francis Mwene, Calvin Chauke and Sam Mkhithika as respondents.
“The applicant and respondents have mutually exclusive policies, principles and beliefs. Due to differences, the applicant has severed ties with Guta Ra Mwari. We have identified what would be a permanent solution to whatever problems the parties face as we have registered as a separate entity and desire to commence worship services at a different site in Tshabalala,” he said.
Formed in 1954 by Mai Chaza who became the first host, the church now has Guta Ra Mwari Religion based in Old Lobengula whose leaders are Tayali, Tawedzera, Sibanda, Mwene, Chauke and Mkhithika. Tayali’s father, Taxwell Tayali was appointed second host after the death of Mai Chaza and with the help of his wife Laizah, registered the church as Guta Ra Mwari in 1974.
Following Taxwell and his wife’s death in 2003, the church has been rocked by serious infighting.
Online Reporter