Rev Tshuma faces AFMA eviction

Mashudu Netsianda Senior Court Reporter
OUSTED leader of the troubled Apostolic Faith Mission of Africa (AFMA) has lost control over church property after the registrar of the High Court yesterday issued a writ of ejectment.

Rival camps in the acrimonious leadership wrangle of AFMA pitting Reverends Tony Tshuma and Clement Nyathi have since 2013 been battling over the control of church property.

The writ authorises the deputy sheriff of the High Court to evict Rev Tshuma and his group from all church properties, including a house that he is occupying in one of Bulawayo’s affluent suburbs.

According to the writ of ejectment addressed to the sheriff of the High Court, Rev Tshuma is supposed to hand over all church properties and assets to Rev Nyathi.

In the court papers, Rev Tshuma and Elliot Ncube were cited as the respondents while Rev Nyathi, Joseph Matongo, Abel Mephulangogala and AFMA are the applicants.

“Now, therefore, you are required to and directed to take control of all such properties and hand them over to the applicants and bar the respondents and all persons claiming to be their agents, from taking all occupation and/or possession of the properties at whatever place or premises and hand over same, to the applicants,” reads part of the writ of ejectment.

Bulawayo High Court judge, Justice Martin Makonese has since ordered police Commissioner-General Augustine Chihuri and the officer-in-charge of Njube Police Station to assist the deputy sheriff in executing the court order.

Rev Nyathi’s lawyer, Norman Mugiya, said they have given Rev Tshuma a 48-hour notice to relinquish the church property.

“We’re now proceeding to instruct the deputy sheriff to act in terms of the writ of ejectment issued by the registrar of the High Court. This time we’re not going to use the word of mouth but actions and we’re going to give Tshuma 48 hours to comply with the order,” said Mugiya.

Justice Nokuthula Moyo last week interdicted Tshuma from interfering, visiting or using the church’s headquarters in Lobengula Extension, among other church assets.

The deputy sheriff, however, failed to execute the order because there was no writ of ejectment from the registrar.

Rev Tshuma last week filed an urgent chamber application challenging his eviction from the church and Justice Lawrence Kamocha reserved judgment.

In his founding affidavit, Rev Tshuma through his lawyers, Majoko and Majoko Legal Practitioners, sought an order for rescission of the default judgment, arguing that it was fraught with irregularities.

He is praying for an order that suspends Justice Moyo’s ruling. He also wants to remain in control of church assets.

The ruling follows a court application by Rev Nyathi who sought an interdict against Rev Tshuma from controlling church assets. The group wants Rev Tshuma to vacate the church and surrender all vehicles belonging to the church.

In his earlier application, which he won at the High Court, Rev Nyathi was granted an urgent interdict barring Rev Tshuma from disposing of church properties and personalising them.

Justice Moyo had last year ruled that Rev Tshuma was not constitutionally elected. He and his group filed a Supreme Court appeal seeking the setting aside of the ruling, but they failed to inspect documents as stipulated at law within given days, prompting the Supreme Court to throw their application out.

Rev Nyathi accused Rev Tshuma of conniving with some “few misguided individuals” to impose himself as the church’s leader soon after the death of his predecessor, Rev Philemon Sibanda in 2008.

Police last week fought running battles with congregants at the Lobengula Extension church. A senior pastor, Rev Yalala Mthombeni, was rushed to hospital after he was injured following clashes between two rival factions vying for ownership and control of the church.