Victorious AFM faction moves to weed out rivals

Mashudu Netsianda, Senior Court Reporter
THE Apostolic Faith Mission (AFM) in Zimbabwe leadership has approached the High Court seeking an eviction order against six pastors based in Bulawayo, Zvishavane, Tsholotsho and Ntabazinduna allegedly aligned to a rival camp that recently lost the bruising legal battle.

The battle to control AFM started in 2018 resulting in the emergence of two rival camps, one led by Reverend Amon Dubie Madawo and the other by Rev Cossam Chiangwa who is the church’s former deputy president.

The dispute between the two camps spilled into the Supreme Court after a group led by Rev Chiangwa filed an appeal against a High Court order which gave Rev Madawo’s faction blessings to lead the church.

Rev Madawo’s camp in June won the legal battle after the Supreme Court upheld a previous High Court decision and agreed that a 2018 meeting which purported to change the leadership was void.

In its latest application, AFM leadership through its lawyers Calderwood, Bryce Hendrie and Partners, filed a court application at the Bulawayo High Court seeking an interdict and eviction order against Reverends Nathan Nhira,

Albert Fanuel Sivangani, Kudzanai Mavhurume, Louis Donga, Mike Manatsa and Rungamirai Mavhengere.

The six clergymen, who were cited as respondents in the court papers, were formerly employed by the church as pastors until October 2018 when their services were terminated for refusing to recognise the current leadership.

In his founding affidavit, AFM deputy president Rev Clever Mupakaidzwa said the respondents who are based in Bulawayo, Zvishavane, Tsholotsho and Ntabazinduna repudiated their contracts of employment by failing to tender services to the church and refusing to abide by the church’s constitution.

“The respondents have seceded from the church in that they have severally or acting together refused to recognise the duly elected leadership of the church currently led by Rev Madawo. They conducted themselves in a manner that suggests to a reasonable person that they no longer consider themselves to be members of the church,” he said.

Rev Mupakaidzwa said the respondents are aligned to Rev Chiangwa’s group which seceded from the church.

“These respondents do not have the authority of the church to lead services as pastors or use the church premises as part of the leadership. As part of their conditions of employment, the respondents enjoyed the use and occupation of the church premises in respect of AFM Philadelphia Assembly in Selbourne Park, Bulawayo, Stone Assembly in Zvishavane, Ntabazinduna Assembly, Tsholotsho Assembly, Woodville Assembly in Bulawayo and Jabulani Assembly in Ntabazinduna,” he said.

Rev Mupakaidzwa said the respondents lost their right to use the church properties upon termination of their employment contracts and secession from the church.

“Despite the termination of their employment contracts and secession, the respondents have continued to use and occupy the church premises as pastors without the consent of the church. They have failed or refused to render vacant and undisturbed possession of the church property,” he said.

Rev Mupakaidzwa said church members are unable to use the premises for worshipping purposes because of the unlawful occupation of the properties by the respondents.

“In this regard, I pray that the interdict prevents the respondents from using or accessing all AFM properties. Their continued use of the properties is unlawful and the church is entitled to recover the occupation and use of the properties from the respondents,” he said.

“The church continues to suffer a dent in its activities, its name and reputation due to refusal by the respondents to vacate the church premises as this is likely to fan conflict in the church. This affects the core business of the church to win souls for Jesus Christ as it gives a picture of an institution at war with itself.”

The row over control of the church and its assets was sparked by the church’s council meeting held at Rufaro, Masvingo in 2018.

The meeting, as part of its resolutions, passed a vote of no confidence on the president of the church. The results of the council meeting saw leaders of both factions taking the matter to court. to respond.–@mashnets