BULAWAYO High Court judge Justice Martin Makonese yesterday reserved judgment in the case in which the Apostolic Faith Mission (AFM) of Africa Church faction led by Clement Nyathi is seeking the removal of overseer Tony Tshuma. SILAS NKALA STAFF REPORTER
In the case number HC 704/14, AFM is cited as the applicant while Tshuma is cited as the first defendant.
Leonard Moyo and the registrar of deeds in Bulawayo are cited as second and third defendants respectively.
Nyathi is believed to be behind the application by AFM, which is being represented by lawyer Norman Mugiya.
The application alleged that Tshuma is a self-imposed president and overseer of the church.
“The plaintiff was formed in 1955 under the leadership of Morgan James Sengwayo in Bulawayo as the Apostolic Faith of Portland Origin,” the applicant’s submission reads.
“The founder passed on and there were leadership wrangles and Philemon Sibanda later assumed the office of president and overseer of the church.
“In 2008 when Sibanda passed on, problems started for the plaintiff.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“The first defendant connived with some few misguided individuals and imposed himself as the president and overseer of the plaintiff, which was not in accordance with the operative and prevailing constitution, being the 1986 constitution.”
The church submitted that without the knowledge of members of the board of trustees, another version of the constitution labelled “Constitution of the AFM of Africa International” was drafted and Tshuma and two others went on to forge signatures of church members.
AFM further submitted that the defendants also amended the constitution in 2012 and presented it to the registrar of deeds.
“The plaintiff has suffered immensely due to defendants’ fraudulent behaviour and the defendants have run the plaintiff’s business as their own personal affairs,” the application alleged.
“The plaintiff now seeks intervention from this court for the appointment of the first defendant as president and overseer of the plaintiff to be declared null and void as well as the amendment of the 1986 constitution.”
The application also sought to have the composition of boards of trustees and council of elders declared unlawful and disbanded.
It wants the church to be granted permission to appoint an interim committee to run the church’s affairs for the next six months while correct and lawful structures are established.
However, Tshuma opposed the application through lawyer Vonani Majoko.
Majoko said it was surprising that while Nyathi is contesting the authenticity of Tshuma’s leadership, he was appointed as reverend by the same person he now claimed imposed himself on the church.
Majoko said Nyathi could not claim that Tshuma imposed himself as overseer since they did not oppose his ascendancy.
He said Nyathi was even on record in a church video announcing that a decision was reached to make Tshuma president and overseer.
