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Mashudu Netsianda Senior Court Reporter
A Bulawayo High Court judge has ordered the leader of the troubled Apostolic Faith Mission of Africa (AFMA) Reverend Tony Tshuma to step down as church overseer and president in a development that has left a leadership vacuum in the organisation.
Justice Nokuthula Moyo declared Tshuma’s appointment as null and void on grounds that proper procedures were not followed when he was appointed in 2008.
The judge ordered the church to go back to the drawing board and elect a new leader and board in terms of the constitution of 1986.
The church has since the beginning of the year been rocked by a bitter leadership wrangle pitting Tshuma and the leader of a breakaway group, Clement Nyathi.
The ruling follows an urgent chamber application by Tshuma challenging the Nyathi camp, which had earlier applied to the court seeking an order declaring his appointment as null and void.
Justice Moyo said Tshuma, who was cited as the second applicant in the matter and his board of trustees, were not properly elected in terms of the church’s constitution.
“It’s the finding of this court that the second applicant has no locus standi or authority to bring proceedings in his official capacity as the president or chairman of the board of trustees. It’s also the finding of this court that the members of the board of trustees, who were elected contrary to provisions of the constitution, are in fact not duly elected members of the board. Unconstitutionality begets illegality and unenforceability in my view. One cannot build something out of nothing,” said Justice Moyo.
Justice Moyo said in her view, at the moment there is no valid occupier of the post of president and overseer of the church and a new leader must be appointed.
Nyathi accused Tshuma of conniving with some “few misguided individuals” to impose himself as the church’s leader soon after the death of his predecessor, Philemon Sibanda six years ago. He accused Tshuma of fraudulently amending the constitution without the knowledge of members of the church’s board of trustees.
Nyathi’s faction also accuses Tshuma of abuse of church funds and grabbing a church-owned farm in Mangwe, charges he vehemently denies.
The church, originally known as the Apostolic Faith Church of Portland Oregon, was founded in Zimbabwe by the late Rev Morgan Sengwayo in 1955.
Following Sengwayo’s death in 1982, Rev Sibanda was appointed church overseer. In 1985, squabbles rocked the church following allegations of adultery against Sibanda, which prompted him to break away from the original Pelandaba church with disgruntled members forming their own church at Lobengula Extension, renaming it Apostolic Faith Mission of Africa.
derick.khumalo