Court to decide on rightful leader of Shembe church

THERE was cautious jubilation from the two warring Shembe church factions yesterday afternoon after the Pietermaritzburg High Court reserved judgment in their long-running succession battle.

If anything‚ the appeal judges – who now have to contend with the authenticity of documents that saw Vela Shembe winning last year’s battle over Mduduzi Shembe for the control of the two million-member church – gave little indication of what direction the seven-year marathon case will take.

The battle for supremacy has been in court since 2011 after the death of its leader‚ Vimbeni Shembe.

His son, Mduduzi Shembe, and his paternal uncle, Vela Shembe, both claim to be the rightful heirs.

Mduduzi leads the powerful Ebuhleni faction while Vela leads the Thembezinhle faction.

Exactly a year ago Durban High Court Judge President Achmat Jappie ruled that Vela Shembe was the rightful leader of the Nazareth Baptist Church‚ commonly known as the Shembe church.

However‚ the decision did not go down well with the other faction, as they still recognised Mduduzi Shembe‚ known as uNyazilwezulu (Thunder of the Heavens)‚ as their leader.

Immediately after the judgment‚ Mduduzi’s lawyer asked for leave to appeal the judgment‚ which Judge Jappie granted.

In October last year Jappie ruled that a deed of nomination‚ the key piece of evidence relied on by Vela Shembe‚ was valid.

Jappie had said that Mduduzi‚ who was announced as the church’s new leader at his father’s funeral‚ had failed to show that his father had verbally nominated him.

The court’s ruling placed Vela in charge of all assets of the church and made him the sole trustee of the Church of Nazareth Ecclesiastical Endowment Trust‚ which has control of properties owned by the church.

The ruling effectively made Vela the legally recognised leader of more than two million followers.

Yesterday Mduduzi’s legal team presented a strong argument about the authenticity of the letter by the late leader, Mvimbeni Shembe.

The applicants‚ via advocate Rajesh Choudree‚ said the letter was fake because it was signed without witnesses. They said they had a handwriting expert who has agreed with them that the letter was forged.

There are two documents: a letter from advocate Zwelabantu Buthelezi, who was instructed by Mvimbeni Shembe, and the Trust Deed‚ both of which agree that Vela should be the rightful leader of the church.

Inkosi Mqoqi Ngcobo of the Amaqadi community pronounced Mduduzi Shembe as the leader‚ and Mvimbeni’s lawyer read a letter of nomination bearing Vela Shembe’s name.

Last year‚ Jappie said he was satisfied that the letter that nominated Vela was authentic.

However‚ it was no smooth sailing for the church lawyers yesterday as the full bench of judges tore into both Choudree and advocate Archie Findlay SC, representing the Vela faction.

The judges argued the letter and the trust deed both said the same thing.

They also said there was evidence from three experts that proved the letter was authentic.

Vela Shembe’s faction say the appeal is a waste of time.

The judges have four months to deliver the decision but both lawyers are optimistic it will be soon. — DDC