THE Anglican Church of the Province of Zimbabwe (ACPZ) led by Nolbert Kunonga yesterday filed an urgent High Court chamber application seeking to stop their eviction from Anglican Church properties across the country, claiming that at least 150 priests would be rendered destitute.
FELUNA NLEYA/OBEY MANAYITI
Kunonga’s application follows eviction orders served on his priests by Bishop Chad Gandiya’s lawyer Raymond Moyo since last Friday. Kunonga’s priests and tenants were given until end of day yesterday to vacate the properties.
In a certificate of urgency by Harare lawyer Tawanda Kanengoni accompanying the application he said: “More than 150 of applicant’s priests face eviction should this honourable court not intervene. The Deputy Sheriff has given a notice of removal to be effected on Wednesday (yesterday) as against Archbishop Kunonga.”
According to the interim relief that Kunonga is seeking, he wants his priests and followers operating from Cathedral offices along Nelson Mandela, Paget House along Kwame Nkrumah, offices at 101 Central Avenue and any other premises in dispute to be spared from evictions pending determination of the matter.
In his application, Kunonga said the balance of convenience favours his church in that it has been in peaceful and undisturbed possession of the church property and buildings since 2007.
“1st respondent(CPCA) will not suffer any prejudice because they have other premises to worship from since 2007. Applicant (ACPZ) is entitled to an order which maintains the status quo until a definite determination is made in respect of its rights,” Kunonga said.
He claimed his ACPZ was formed following differences with CPCA on issues of homosexuality, sovereignty and sanctions against Zimbabwe.
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“There is no reason at law or in principle why the property for the applicant church (ACPZ) should be held to belong to CPCA,” he said. “There is no other remedy available to the applicant other than approaching this honourable court for stay of execution. Applicant’s (ACPZ) rights have not been determined by any court and stand to be determined in the suit for a declaratory order to be filed contemporaneously with the present application.”
He also added: “I must point out that the notice of removal came as a surprise because our erstwhile legal practitioners, Mr Kanengoni of Chikumbirike and Associates indicated that he has been approached by the legal practitioners for first respondent (CPCA) who indicated that they wanted an out-of-court settlement. The legal practitioners representing (CPCA) were working out the agenda for discussion between the parties. I genuinely accept this view, but I now realise that it was not genuine, but only wanted to catch us unaware and unprepared.”
Meanwhile, police in Mutare yesterday briefly detained at least 100 Anglicans of the Gandiya faction after they attempted to seize church offices occupied by excommunicated Bishop Elson Jakazi, a sympathiser of Kunonga’s breakaway faction.
