Time to rein in religious scams

Nick Mangwana

Government Up Close

In recent years, Zimbabwe has witnessed a proliferation of churches, each with its own unique brand of spirituality.

While religion is meant to be a source of comfort, guidance, and community, some churches in Zimbabwe have deviated from this noble path.

Instead, they have become breeding grounds for political pronouncements aimed at causing instability, child marriages, sexual deviance, financial abuse, and cultist behaviour.

The recent events at Madzibaba Ishmael’s farm, where cultist behaviour was on full display, are a stark reminder of the dangers of unregulated religious practices.

The sight of individuals being coerced into parting with their hard-earned cash, or worse still, their children, is a clear indication that something is amiss.

It is alarming to note that anyone can simply wake up one morning, find a rock in the bush, declare it a shrine, plant a banner, and voilà! A new church is born.

This lack of accountability and oversight has created an environment where charlatans and con artists can masquerade as men and women of God, preying on the vulnerable and the gullible.

It is imperative that we take a closer look at the regulation of churches in Zimbabwe.

We cannot continue to allow religion to be used as a cloak for nefarious activities.

The time has come for us to demand greater accountability and transparency from our religious leaders.

In this article, we will explore the need for regulation, the benefits it can bring, and the steps that can be taken to ensure that religion is practiced in a responsible and ethical manner.

While some countries adopt secular or anti-religious national ideologies, Zimbabwe’s Constitution proudly upholds the fundamental right to freedom of worship.

This commitment to religious liberty is a cornerstone of our nation’s values. However, this freedom must be balanced with responsibility and accountability.

A completely unregulated environment can lead to exploitation and harm. Therefore, it is essential that we establish clear boundaries and protective measures to ensure religious freedoms are exercised in a manner that respects the rights and dignity of all individuals, while also safeguarding the well-being of our communities.

The need for regulation is not unique to Zimbabwe.

Many countries have implemented measures to regulate churches, and their experiences offer valuable lessons. In this op-ed, we will also explore the benefits of regulating churches, examine how other countries have approached this issue, and propose a framework for regulation in Zimbabwe.

Lack of regulation has led to several problems in Zimbabwe’s church sector.

Some churches have been accused of financial impropriety, with leaders embezzling funds meant for good causes or personalising church funds given as “God’s money” as if they are themselves God “eating” his dues.

Others have been implicated in human rights abuses, such as forcing members to undergo “exorcisms” or “deliverance” sessions that involve, sexual fetishes, physical and emotional harm.

Income from religion and its associated enterprises appear to be exempt from taxation.

In principle, all forms of income should be subject to taxation. This is a fundamental tenet of taxation systems worldwide, where individuals and organisations are required to contribute a portion of their earnings towards funding public goods and services. However, a glaring exception exists in the religious sector, where churches and their leaders often enjoy tax exempt status.

This anomaly is particularly striking when one considers the vast wealth accumulated by some religious leaders, who flaunt their opulence through palatial houses, private jets, luxury cars, and extravagant lifestyles.

The notion that taxing churches and their leaders is tantamount to taxing God is a flawed argument.

These individuals, no matter their spiritual influence, are human beings who benefit from public infrastructure and services.

They drive on the same roads, rely on the same police protection, and utilise the same public utilities as everyone else.

In fact, their lavish lifestyles often necessitate greater reliance on these public goods.

It is only fair, then, that they contribute their share towards the upkeep and development of these services.

By paying taxes, churches and their leaders can demonstrate their commitment to the well-being of the communities they serve, and help fund the public goods that they, too, enjoy.

Regulating churches, particularly the new evangelical, apostolic and Pentecostal movement types, is crucial to ensure transparency and accountability.

These churches often have a charismatic leader who is revered as a spiritual authority, and sometimes even as a demi-god. This can create a power dynamic where the leader has absolute control over the church’s finances, operations, and members.

Often this comes with some nepotistic succession plan, where gifts and callings are sexually transmitted.  Husband professes the gift of prophecy and presto, wife is now a prophetess!

The whole financial matrix becomes opaque and nobody but those belonging to this family will be anywhere near the purse strings. Without regulation, it can be challenging to track the flow of funds, identify potential financial mismanagement, and protect members from exploitation.

Regulation can help to ensure that these churches operate with transparency, and that their leaders are held accountable for their actions.

To regulate these churches effectively, governments need to establish a robust framework that addresses the unique characteristics of these new evangelical, Mapostori and Pentecostal movement types.

This can include requirements for financial disclosure, such as audited accounts and transparent budgeting.

The Governments can also establish guidelines for governance, such as the need for independent boards or oversight committees to ensure that the church’s operations are not solely controlled by the founder or leader.

Regulation can play a crucial role in protecting human rights, particularly in the context of religious organisations. The case of the now late Martin Gumbura highlights the importance of regulation in preventing such abuses.

Gumbura’s leadership style was characterised by an alarming concentration of power, where his word was tantamount to a divine edict, leaving his congregation vulnerable to exploitation.

His unchecked authority created a culture of fear and obedience, where congregants felt compelled to comply with his demands, no matter how unreasonable, immoral, iniquitous or even diabolical it was.

This unchecked power dynamic enabled Gumbura to perpetrate various forms of abuse, including financial exploitation, where he allegedly coerced congregants into making hefty donations.

The lack of accountability also facilitated sexual abuse, as evidenced by his conviction for raping several women in his congregation.

Furthermore, Gumbura’s spiritual coercion, where he wielded his religious influence to control and manipulate his followers, left deep emotional scars on his victims.

The absence of effective oversight and regulation allowed Gumbura’s reign of terror to continue unchecked, highlighting the need for greater accountability and transparency within religious organisations.

Effective regulation can help establish clear standards and guidelines for the behaviour of religious leaders and organisations.

It can also provide a framework for reporting and investigating abuses, and for holding perpetrators accountable.

Similarly, regulation can help to promote a culture of transparency and accountability within religious organisations, which can help to prevent abuses from occurring in the first place. By putting in place a robust regulatory framework, governments can help to protect the human rights of vulnerable individuals, including those who are members of religious organisations.

There are a number of ways of regulating churches. Let us look at how others have done it so Zimbabwe can consider a way that suits its context.

The South African government requires churches to register with the National Register of Non-Profit Organisations.

This registration process involves providing financial statements, constitutions, and other documentation. Registered churches are also required to comply with accounting and auditing standards.

In Kenya, the Registrar of Societies requires churches to register and provide documentation, including their constitutions, financial statements, and lists of members. Registered churches are also subject to regular audits and inspections.

In the United Kingdom, the Charity Commission regulates charities, including churches. Registered charities must comply with accounting and reporting standards, and are subject to regular inspections and audits.

In Australia, the Charities and Not-for-profits Commission (ACNC) regulates charities, including churches. Registered charities must comply with governance standards, reporting requirements, and other regulations. So Zimbabwe does not have to invent the wheel, really. All that is needed is to adopt an eclectic best practice.

Based on international best practices, the following framework can be considered for regulating churches in Zimbabwe:

Registering churches with relevant authorities, such as the Zimbabwe Revenue Authority (ZIMRA) and the Ministry of Public Service, Labour and Social Welfare, is a crucial step towards promoting transparency and accountability.

They should submit their constitutions, financial reports, and lists of office bearers and governance systems including proof of leadership who need to be vetted for clearances first. People with history of financial improbity or sexual deviance should not be allowed anywhere near the pulpit.

These registration requirements would help to prevent the proliferation of unscrupulous individuals who claim to be receiving divine messages, only to exploit vulnerable individuals for financial gain.

Churches would also need to demonstrate compliance with labour laws, such as registering their employees with the relevant authorities and providing them with fair working conditions and putting everyone including the founders and leadership on a payroll and pay NSSA as well as Pay As You Earn (PAYE).

Furthermore, registered churches would be required to submit annual reports, detailing their financial activities, governance structures, and social impact.

This would help to promote transparency, accountability, and good governance within the church sector, ultimately protecting the rights and interests of congregants.

This would mean, all payments, gifts and offerings received by a church should be properly recorded, and a receipt issued to the donor.

This would help to provide a clear audit trail. Registered churches should be required to maintain accurate and detailed financial records, including income statements, balance sheets, and expenditure reports.

This will enable authorities to monitor their financial activities, identify potential irregularities, and take corrective action if necessary.

The disclosure of financial records has a double benefit in that it would also help to promote trust and confidence among congregants and the wider public.

Registered churches should be required to comply with governance standards which include the appointment of independent boards, which can provide oversight and guidance on the church’s activities, finances, and governance. Independent boards can help to prevent the concentration of power in the hands of a single individual or group, reducing the risk of abuse and exploitation.

Additionally, the establishment of financial management systems can help to ensure that church funds are managed prudently and in accordance with best practices.

Compliance with governance standards can also help to protect the rights of church members.

This includes ensuring members have access to accurate and timely information about the church’s activities and finances, as well as providing mechanisms for members to raise concerns or complaints.

Registered churches should also be required to establish clear policies and procedures for handling conflicts of interest, protecting vulnerable individuals, and preventing abuse.

By complying with governance standards, registered churches can demonstrate their commitment to transparency, accountability, and the well-being of their members. This can help to build trust and confidence among congregants, donors and the wider public.

In the same spirit of transparency and accountability, there is a crucial need for the establishment of an independent complaints mechanism for churches to address allegations of misconduct, exploitation and abuse.

This is particularly important in cases where charismatic leaders wield significant influence over their followers, often resulting in financial exploitation.

There have been reported cases of church leaders convincing vulnerable members to surrender their assets, such as houses and cars, under the guise of “seed faith” or “spiritual sacrifices.”

An independent complaints mechanism would provide a safe and confidential channel for affected individuals to report such incidents, ensuring that the church leader’s influence does not impede the investigation or resolution process.

Regulating churches in Zimbabwe is a necessary step towards ensuring accountability, transparency, and the protection of human rights.

By drawing on international best practices and establishing a clear framework for regulation, Government can help prevent the abuses that have plagued the church sector in recent years.

The proposal to regulate churches in Zimbabwe is not an attempt to curtail their freedom of worship. Rather, is a necessary step to protect the vulnerable from charlatans who masquerade as men and women of God.

President Mnangagwa’s administration has consistently demonstrated its commitment to upholding the sacrosanct freedom of worship, as evidenced by his attendance at various church events and non-interference with church operations.

The regulation of churches is not about stifling religious expression, but about preventing the exploitation of innocent people by unscrupulous individuals. The cases of “wapusa wapusa” and the Universal Church, where followers were subjected to sexual, financial and emotional manipulation, are stark reminders of the need for oversight.

Other countries have successfully implemented regulations to prevent such abuses. We can do the same.

Nick Mangwana is the Permanent Secretary for Information, Publicity and Broadcasting Services