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Harare lawyer Mrs Nyaradzo Munangati-Manongwa of Munangati and Associates.
Justice Bhunu ruled that the order by Justice Hlatshwayo did not grant Archbishop Kunonga powers to evict workers who are willing to submit to the au-thority of anyone who is in lawful control of the institution, without recourse to due process of the law.
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“It is a fundamental rule of law that no one shall be evicted or dispossessed without due process of law and without being heard. The need to hear the other side before making any determination affecting the rights of another is the bedrock upon which our legal system is founded.
“It follows therefore that by granting vacant possession to Dr Kunonga and others, the learned judge did not mean that they could evict and dismiss em-ployees without recourse to due process of the law.
“The evictions of members of the School Development Committee from premises they previously occupied in terms of their respective contracts of employment were therefore, illegal and not permissible at law though they were carried out through the auspices of the Deputy Sheriff,” he said.
Justice Bhunu said the evictions were contrary to the court order purportedly relied upon and they amounted to spoliation considering that the workers were in peaceful possession of their dwellings prior to the illegal evictions.
The court warned Archbishop Kunonga and his compatriots against interfering with activities at Daramombe Mission Primary and Secondary Schools and the clinic.
“The first and second respondents (Archbishop Kunonga and Bishop Munyanyi) are hereby ordered to stay eviction of all staff at Daramombe High School and Primary School pending determination of the final order.
“The first and second respondents shall not interfere with the respective staff operations at Daramombe High School, Primary School and clinic,” he said.
Justice Bhunu also blasted the two Anglican Churches for approaching the court with dirty hands in a case they are fighting over control of properties in Masvingo.
He said the Archbishop Kunonga and Bishop Chad Gandiya-led churches were both guilty of undermining the authority of the court by failing to comply with court orders in the dispute.
He said they could only approach the court again on the matter after they purged their contempt.
Archbishop Kunonga’s Anglican Church of the Province of Zimbabwe, according to the judgment, was guilty of executing an earlier High Court order by Justice Hlatshwayo by carrying out evictions after Bishop Gandiya’s Anglican Church of the Province of Central Africa had already filed an application for stay of execution.
“The papers establish quite clearly beyond question that the respondents are guilty of undermining the authority of this court by continuing with evictions in circumstances where they were aware of the fact that an application had been made to court to stay the evictions”.
The court also found that Bishop Gandiya’s CPCA was guilty of defying Justice Hlatshwayo’s order as well as another order by the Supreme Court directing that Justice Hlatshwayo’s order be executed pending appeal.
“Both the applicant and the respondents are therefore guilty of undermining the authority of the courts. Consequently, they have both approached the court with dirty hands.
“It is trite that the court may decline audience to a party who approaches it with dirty hands until such a party has cleansed itself.
“Both litigants cannot seek relief in the same courts whose authority they continue to hold in disdain . . .”
Meanwhile, Justice Tendai Uchena has ruled in favour of CPCA in a case the two warring parties were fighting for control of church properties in Manicaland province with ex-communicated Bishop Elson Jakazi and some of his reverends.
Justice Uchena provisionally ordered that CPCA should now use and control the All Saints Zimunya Church in Manicaland province.
In a judgment, Case Number HC9664/11, Justice Uchena saidBishop Jakazi, Reverend Bernard Maupa, Reverend Vusimuzi Ndlovuand Reverend Katanga face 90 days imprisonment if they defy the provisional order.They have also been ordered to pay all legal costs.The provisional order was issued at the High Court following anapplication by the CPCA in Manicaland where they sought an order “torestore possession and control and use of the All Saints ZimunyaChurch.”The CPCA was represented by the Bishop Julius Makoni, the Board ofTrustees of Manicaland Diocese and Musiwa Mwashita, a church member atAll Saints Zimunya as applicants.
Online Reporter