Petty church squabbles frustrate High Court judge
A HIGH Court judge has slammed some churches for abusing the judiciary system through bringing to court petty squabbles.
Bulawayo High Court judge Justice Nicholas Mathonsi warned churches against using courts as playgrounds, saying transferring chaos into courts would not be tolerated.
His anger was directed at two members of the Apostolic Faith Mission of Africa (AFMA) church, Claudious Manamela and Brighton Nanga who had approached the High Court challenging an order by a magistrate barring them from attending church services.
The court order barred Manamela and Nanga from accessing church premises at Lobengula Extension in Bulawayo.
“Those that abuse the process of the court, that is using it for the purpose for which it is not meant, must know that this court frowns upon such behaviour. This court is not a playground and we will not allow the transfer of chaos created at the church to this court. Applicants cannot spend so much time in this court as if the court regulates the worshipping schedule of congregants or is the one which draws up the church programme,” said Justice Mathonsi.
In their application citing AFMA leader Reverend Rosewell Zulu and the church as respondents, Manamela and Nanga sought the nullification of a peace order granted against them by a Western Commonage magistrate.
Justice Mathonsi dismissed the application and rebuked the two men for abusing courts.
“From the checkered history of this matter, it is apparent that the two applicants have made the filing of applications in this court seeking the same relief of being allowed back to the church premises they abandoned out of free will their favourite pastime. They appear to enjoy filing frivolous applications. I find that this court cannot suspend the operation of a binding order,” he said.
Justice Mathonsi ordered Manamela and Nanga to pay the legal costs.
“This court has a duty to compensate the respondents for full legal costs incurred in defending such frivolous and vexatious applications. In the result, the application is hereby dismissed with costs on the scale of legal practitioner and client,” ruled the judge.
The applicants, through their lawyers Mathonsi, Ncube Law Chambers, argued that the court order infringed on their freedom of worship at a place of their choice in terms of the Constitution. They also contested Rev Zulu’s locus standi in bringing the case to court against them, arguing that he was an unconstitutional leader.
Rev Zulu, who was represented by lawyers from Masiye-Moyo and Associates, argued that the two were no longer members of the church and had no legal course of action to bring the application to the court. The church has since 2013 been rocked by an acrimonious leadership wrangle pitting two rival groups, one led by Rev Zulu and the other by Rev Clement Nyathi.—@mashnets