KWEKWE provincial magistrate Vimbai Mutukwa on Tuesday ordered the squabbling Apostolic Faith Mission (AFM) of Africa International Mbizo branch not to interfere with each other’s operations until the pending High Court case in Bulawayo has been resolved. SILAS NKALA STAFF REPORTER
This followed an application by the church’s resident Mbizo pastor Clement Nyathi seeking a peace order against a group linked to AFM overseer Tony Tshuma.
Nyathi accused Douglas Mombeshora, James Madzonga, Tenga Mlalazi and a Paradza of interfering with his work and plotting to oust him.
However, the four respondents submitted that Nyathi, who made a submission on his behalf and that of the AFM, did not have the authority to depose an affidavit on behalf of AFM as he was not a member of the church’s governing board.
“The first applicant does not have a locus standi in iudicio (a right to bring the application to court).
“The question of locus standi is central to the determination of the availability of the remedy being sought by the first applicant (Nyathi),” they submitted.
They indicated that Nyathi failed to establish a clear right as there were material disputes of fact.
“Therefore an interdict in the form, of a mandamus (order) should not be granted.
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“On these grounds alone this application must be dismissed with costs,” they submitted.
But Mutukwa ruled that her order was binding on both parties and the applicant and respondents should desist from disturbing any proceedings presided over by the applicant.
“The applicant is also to desist from preventing the respondents from carrying out their duties as preachers and ministers,” she said.
“Both parties are bound to keep the peace by not inciting or disturbing the congregation in any manner until the pending High Court issues have been resolved.”
The squabbles surrounding the church’s council of elders and the ordination of Tshuma as the president and overseer of the church in Zimbabwe is currently pending at the Bulawayo High Court.
