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Friday, April 26, 2024
HomeCourtsSupreme Court Upholds High Court Ruling In AFM Church Wrangle

Supreme Court Upholds High Court Ruling In AFM Church Wrangle

The Supreme Court has upheld a High Court ruling ordering Reverend Cossam Chiangwa and his Apostolic Faith Mission in Zimbabwe (AFM) faction to return all church properties to the Reverend Amon Madawo led faction.

In 2019, the High Court declared then-President Aspher Madziyire the bonafide leader of the church ending a long-standing dispute but Chiangwa, however, appealed at the Supreme Court over the decision.

The Supreme Court ordered that “The application for a declaratory order be and is hereby granted. The 1st to 46 applicants be and are hereby declared to be the duly and properly elected officials of the fifth applicant.

“The respondents are hereby barred from using the name of the fifth applicant in the conduct of their activities without the authorization of the applicants. The respondents are hereby barred from accessing or using any assets or property of any kind belonging to the fifth applicant.

“The respondents (Chiangwa) and their followers or agents or assignees be and are hereby directed to relinquish to the fifth applicant *_all and any property belonging to the fifth applicant (AFM) is in possession or under control of the respondents._*”

Failure to comply with the ruling, the Court authorized the Sheriff of Zimbabwe to take all property and assets and handover to the applicants.

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“Failure of 5 above, the Sheriff of Zimbabwe or his lawful deputy be and is hereby authorized to take all and any property and assets belonging to the applicant from the control and possession of the respondents and handover same to applicants. The respondents shall pay the applicant’s costs of suits. (My underlining for emphasis).”

In 2018, the church’s National Workers Council chaired by Pastor Aspher Madziyire adopted the draft amendment of the constitution getting the nod from the High Court in Harare.

However, two senior members of the church were opposed to the draft amendment leading to a deadlock.

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