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Mashudu Netsianda, Senior Court Reporter
THE leader of the Apostolic Faith Mission of Portland Oregon in Southern Africa, Reverend Richard Sibanda and three other church members, who are facing contempt of court charges, have applied for discharge at the close of the State case.
Rev Sibanda (81) of Pelandaba suburb and Tongai Mawere (51) of Old Pumula suburb, are accused of violating a Supreme Court order barring them from accessing church premises.
They allegedly broke the new locks and entered the premises.
The duo appeared before Bulawayo magistrate Ms Gladmore Mushove charged with unlawful entry and contempt of court.
They were remanded out of custody to March 8 for judgment.
In their application for discharge through their lawyer Mr Zibusiso Ncube of Ncube and Partners, the accused persons argued that the State failed to establish a prima facie against them. They argued that there was no evidence linking them to the alleged offence.
“The accused persons aver that after the Supreme Court order evicting them from the property, they approached the High Court and obtained a provisional order restoring the status quo prior to the Supreme Court-ordered eviction by the Sheriff of the High Court.
“The interim order was granted by the High Court on August 2, 2018 and amended thereafter on August 15, 2018,” said Mr Ncube.
He said his clients had lawful authority to repossess the property in line with the High Court provisional order obtained after the one issued by Supreme Court.
The accused persons also challenged the legality of Mr Kwaziso Bosha as a complainant in the matter, arguing that he had no locus standi to represent the church.
“It is submitted that the State case certainly has no feet to stand on. The accused persons cannot be placed on their defence in order to bolster the State case. In fact, it is submitted that doing so would be a violation of their right to protection of the law,” argued Mr Ncube.
Mr Taurai Hondoyemoto, for the State, argued that a High Court order could not supersede a Supreme Court one. He contended that the eviction of the accused persons was lawful.
“The accused persons effected an unlawful entry into the premises by breaking the locks in total disregard of, and in contempt of the Supreme Court order,” he said.
Mr Hondoyemoto said on July 27 last year, a ruling was made by the Supreme Court directing Rev Sibanda to vacate church premises, including his official house in Bulawayo’s Fourwinds suburb.
The Supreme Court also barred Rev Sibanda from controlling the church properties after the parent church in Portland, Oregon, United States of America, suspended him in 2012.
“On the 27 July 2018, the Supreme Court of Zimbabwe ruled that Richard Sibanda and all those claiming the right of occupation through him, were to immediately relinquish possession and use of all complainants’ properties which include house number 16 Amartje Road, Four Winds, Bulawayo,” said Mr Hondoyemoto.
Subsequent to the Supreme Court judgment, a warrant of ejection against Reverend Sibanda and others was duly issued on August 6 last year.
“On the 16th day of August between the hours of 0800 and 1500 hrs and at 16 Amartje Road, Four winds, Bulawayo, Tongai Mawere and Richard Sibanda, or one or more of them intentionally and without permission over authority from Kwaziso Bosha representing Apostolic Faith Mission of Portland Oregon in Zimbabwe, the lawful occupier of 16 Amartje Road, Fourwinds, Bulawayo or any other lawful authority, entered the premises in question after breaking locks, despite having been lawfully evicted from the said premises by the Sheriff on the strength of a warrant of execution,” said Mr Hondoyemoto.
He said after the court order was issued, the Sheriff changed locks and duly handed over the keys to the complainant’s representatives. A security company was engaged to guard the premises.
On August 16, the accused persons allegedly proceeded to the property in the company of other accomplices, where they allegedly broke the new locks and entered the premises.
—@mashnets
Online Reporter