Posted by: Titus Presler | May 4, 2010

Zimbabwe High Court rules for Anglican diocese in interim order

Following is the communication received from the Rt. Rev. Chad Gandiya, Bishop of Harare, on 5 March 2010:

Dear friends,
My silence for the past few weeks is not indicative of tranquility in the church.  Our people have continued to hold their services in the open air.  There have been disturbances in various parishes, arrests of clergy and beatings and harassments of some staff. Good news today – I am copying below a judgment given in our favour two days ago for you to join us in thanking God for his goodness.  We are still waiting for a date for the “big one”. I’ll do a short report soon and send it to you.  Thanks.
+Chad

High Court dismisses Kunonga’s application

Court Reporter

THE High Court has dismissed with costs an application by Bishop Nolbert Kunonga’s Church of the Province of Zimbabwe to enforce a provisional court order declaring its board of trustees as the legitimate one with control over the property of the Anglican Diocese of Harare.

This means the order by Justice Ben Hlatshwayo of July 24 last year remains suspended until the Supreme Court determines the appeal by the Church of the Province of Central Africa.

On the strength of the appeal, the Church of the Province of Central Africa consecrated Bishop Chad Gandia to replace Bishop Sebastian Bakare.

The trustees for the Diocese of Harare under the leadership of Bishop Kunonga had filed a chamber application seeking the enforcement of the order.

They argued that the appeal was defective and that it was filed for “merely by-passing” Justice Hlatshwayo’s order.

Through their lawyer Mr George Chikumbirike of Chikumbirike and Associates, the Kunonga faction also argued that the Supreme Court appeal was noted before Justice Hlatshwayo delivered his judgement; hence it was a legal nullity.

The Church of the Province of Central Africa and Bishop Gandiya who were represented by Gill, Godlonton and Gerrans law firm, opposed the application mainly on the basis that the appeal was already before the Supreme Court and that the lower court had no jurisdiction to determine the legality of the challenge.

It was also argued that the appeal was filed within the normal working hours and that it had an effect of suspending the lower court’s earlier decision.

In a judgement made available on Wednesday, Justice Chinembiri Bhunu ruled that the Kunonga faction failed to prove that the appeal was noted before Justice Hlatshwayo passed the judgement.

He concurred with lawyers for the Church of the Province of Central Africa that the Supreme Court was now seized with the matter, hence that negated the High Court’s jurisdiction.

“In the final analysis I find that the applicant (Kunonga faction) has failed to prove on a balance of probabilities that the appeal was noted before Hlatshwayo J had delivered his judgment. The same issue is pending in the Supreme Court and this court has no jurisdiction to hear and determine the matter. It is accordingly ordered that the application be and is hereby dismissed with costs,” Justice Bhunu ruled.

It was also the court’s finding that there were inconsistencies and contradictions in the affidavits deposed by some witnesses for the Kunonga faction.

Advertisements

Responses

  1. I have read the shocking news of the Supreme Court ruling. What came to my mind is that now Kunonga has the express permission to loot church property. He knows his days are numbered so he will enrich himself as much as possible before his fall. But I know when finally his fall comes – it will be big. May God bless the people of Zimbabwe and more so the true Anglicans of Zimbabwe. May they stick to the faith like their patron saint – Bernard Mizeki.

    • Fambai henyu maKritsu musatyeba kundorwa CPCA WOYE EEEEEEEEEE TO ALL ANGLICANS IN THE DIOCESE OF HARARE AND MANICALAND: I SAY BUILDING OR NO BUiLDING GOD IS WITH US. KUNONGA AND HIS BEST FRIEND JAKAZI, WHAT WRONG DID WE DO TO YOU THAT YOU WANT OUR BUILDINGS? YOU CAN HAVE THEM, YES, BUT YOU CAN’T TAKE OUR SOULS. KANA MUNINE SIMBA RAMWARI WHY CANT YOU LEAVE OUR CHURCH ALONE FOR THE ANGLICANS?

  2. Those who believe in God have the same God to protect them. Kunonga fights using his might. The faithfuls have the Holy Spirit fighting for them. Only time remains to see Kunonga finally being removed and people singing – “Fambai Makristu.”


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

%d bloggers like this: