AFM leader loses case

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BULAWAYO High Court judge Justice Nokuthula Moyo on Thursday ruled that the Apostolic Faith Mission (AFM) of Africa Church president and overseer Tony Tshuma was not the church’s legitimate leader, indicating that he was not properly elected to hold the office of president and overseer.

BULAWAYO High Court judge Justice Nokuthula Moyo on Thursday ruled that the Apostolic Faith Mission (AFM) of Africa Church president and overseer Tony Tshuma was not the church’s legitimate leader, indicating that he was not properly elected to hold the office of president and overseer.

SILAS NKALA STAFF REPORTER

Justice Moyo made a ruling in the case in which the AFM and Tshuma are applicants, seeking the amendment of the church constitution dated December 29 2008 and April 25 2012 to be declared null and void.

The applicants also sought the Registrar of Deeds in Bulawayo to be directed to endorse the amendments of the constitution, while seeking that the church’s constitution as at February 13 1986, as amended on February 8 2014, be declared to be the only lawful constitution of the church until repeal or amendment.

They wanted to have Tshuma as president and that members of the board of trustees were Tshuma the chairperson, James Morris, Joseph Matongo, Herbert Yalala and Patson Hlabangana.

Matongo is cited as the first respondent in the case, while James Morris and Clement Nyathi, all being pastors, are cited as second and third respondents respectively.

In her ruling, Justice Moyo said at the hearing points in limine were raised by Matongo, Morris and Nyathi that Tshuma has no locus standi to represent the church, as the church can only sue through its trustees and Tshuma has no authority to represent the church as he has not been authorised as such by the requisite board members.

“The second applicant (Tshuma) avers in the founding affidavit that he is charged with the management of the temporal, financial business of the church in Zimbabwe, Republic of South Africa, Botswana, Mozambique and Zambia,” Justice Moyo said.

“He avers that upon the death of the previous president and overseer, Philemon Sibanda in February 2008, the board of trustees in a special meeting held on April 30 2008 resolved that he was to replace Sibanda as the overseer and chairperson of the board of trustees.

“He avers that it was also resolved at the meeting that a reverend A S Phakathi be co-opted as a member of the board of trustees.”

Tshuma had submitted that later the meeting of ministers was called where they were informed of the board’s resolution and on May 1 2008 the congregation was advised by Matongo and Morris of his appointment to the office of the president and overseer.

He had indicated that the constitution of the church was amended on December 29 2008 and on April 25 2012 and that these amendments have been subject to much controversy, which has raged for several months, threatening the very existence of the church.

“It is the finding of this court that second applicant has no locus standi or authority to bring proceedings in his official capacity as the president or chairman of the board of trustees,” Justice Moyo ruled.

“It is also the findings of this court that the board of trustees who were elected contrary to the provisions of the constitution are in fact, not duly elected members of the board so the locus standi of first applicant also becomes a problem as the other constituents of the so-called board of trustees were in fact, not properly elected in terms of the constitution.

“Unconstitutionality begets illegality and unenforceability in my view.”

Justice Moyo said it follows that the church, instead of ratifying illegalities, should instead go back to the drawing board to elect board members, then following that they proceed to elect the president of the church.

“As matters stand second applicant (Tshuma) cannot approach this court in the capacity of either the president or the chairperson of the board of trustees. He lacks mandate and authority as he was not properly elected,” she ruled.