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Victor Maphosa, Mashonaland East Bureau
The Supreme Court has dismissed, with costs, an appeal filed by Mr Washington Mugodhi challenging the High Court ruling that recognised Mr Aaron Munodawafa as the legitimate leader of the Mugodhi Apostolic Faith Church (MAFC).
The court upheld the High Court’s judgement that Mr Washington Mugodhi was not the leader of the church.
High Court judge Justice Siyabonga Musithu had ruled that Mr Mugodhi was not the leader of MAFC putting an end to a leadership wrangle that had resulted in serious factionalism that threatened the collapse of the church.
However, still disagreeing with the High Court ruling, Mr Mugodhi appealed the judgement at the Supreme Court where a panel of three judges dismissed the appeal with costs.
This ends the dispute as Supreme Court judgments are final unless in rare cases where there is a constitutional issue.
The MAFC dispute did not invovle such issues.
The High Court and Supreme Court applied civil law to the constitution of the church, and made their rulings by what that document stated.
Because there was a written constitution, the courts were able to intervene.
Therefore, following the Supreme Court ruling on November 14, Mr Munodawafa becomes the legitimate leader of MAFC.
“Whereupon after reading documents filed of record and hearing counsel, it is ordered that; the appeal be and is hereby dismissed with costs,” reads the court ruling.
The Munodawafa faction had accused the Mugodhi faction of disregarding the church constitution, which stated that in the event of the death of a bishop, his or her deputy assumes the leadership.
Mr Mugodhi was allegedly appointed by his late father causing disgruntlement within the church as the move was reportedly against the constitution of the church.
Therefore in the High Court recently, the judge in the civil matter had used the church’s constitution to make the ruling as to the substantive bishop and the vice-bishop, and declared the appointment of Mr Mugodhi as a vice bishop as ultra vires the church constitution and so it was null and void.
In an additional order, Mr Mugodhi was interdicted from regarding himself as bishop of the church and all his appointments and or reassignments and actions “in his purported capacity as bishop” were declared against the church’s own constitution and, therefore, null and void.
Online Reporter