The Sunday News
Sunday News Reporter
THE High Court has shelved the suspension of the leader of the Apostolic Faith Mission (AFM) of Portland Oregon in Southern Africa, Reverend Richard Sibanda, as the fight over the control of the church properties rages on.
The ruling by Bulawayo High Court judge, Justice Martin Makonese follows an ex-parte urgent chamber application for a declaratur filed by Rev Sibanda challenging his six-year-old suspension by the parent church in Portland Oregon, United States.
In papers before the court, the AFM of Portland Oregon in Southern Africa and its US-based superintendent-general Rev Darrel Lee, were cited as respondents. Rev Sibanda, through his lawyer, Mr Zibusiso Ncube of Ncube and Partners, sought an order nullifying his letter of suspension dated 25 January, 2012. Justice Makonese ruled that Rev Sibanda’s suspension was unlawful.
“The execution of the order of suspension of the applicant through the letter of 25 January 2012 and upheld by the disciplinary tribunal on 23 March 2012 be and hereby suspended,” ruled the judge.
In his founding affidavit, Rev Sibanda argued that his continued suspension for a period in excess of six years is ultra vires (beyond one’s legal power or authority) in terms of the constitution of the church and that of the country.
“This is an urgent chamber application for a declaratory order and consequential relief, especially an order declaring the purported suspension letter, charge sheet and subsequent disciplinary proceedings against me to be null and void.
Consequential relief sought in the form of an order compelling the first respondent to observe and uphold its constitution when making decisions that affect me. In the interim I am seeking relief to suspend execution of the suspension order pending finalisation of this matter,” he said.
Rev Sibanda said in terms of Article VII of the church constitution, by virtue of his position as the overseer, he also chairs the board.
“It is the board that I chair that is vested with the government of the church. It is no secret that I have been embroiled in a protracted legal wrangle with the respondents for the past 14 years,” he said.
Rev Sibanda said his suspension was an act of persecution on his person by a few misguided elements in the church.
He said he was first persecuted in 2005 when his rivals led by Rev Onias Gumbo, revolted against his leadership. Rev Sibanda argued that his suspension letter and the charges preferred against him were not in compliance with laws of the country as the documents were not authenticated.
“Despite being warned that the purported suspension was a nullity, the first respondent proceeded to conduct a hearing in my absence and went on to deliver a judgment in default upholding my illegal suspension,” he said.
Rev Sibanda argued that a board member can only be removed from office when they cease to be faithful to God and their appointed trust. He said the church constitution does not allow inordinate delay in bringing disciplinary charges.
“Alternatively, in the unlikely event that this honourable court finds that the disciplinary proceedings were unlawful then my continued suspension should also be declared unlawful. It has been for an inordinate period of time and a violation of the church constitution and contrary to the provisions of the supreme law of the country,” he said.
Rev Sibanda also argued that the disciplinary tribunal was chaired by a non-member who had the support of a few other people.
The AFM of Portland Oregon has since 2005 been locked in a leadership dispute pitting a faction led by Rev Gumbo against the leadership Rev Sibanda and three board members Reverends Julius Matope, the late Rev Jonah Manondo and Luther Mateza over control of the local chapter of the church.
The parent church in Portland Oregon, which is sympathetic to Rev Gumbo’s camp, accuses Rev Sibanda of seizing control of the local church.
In 2011, Rev Lee who is the head of the parent church visited Zimbabwe and Rev Sibanda allegedly barred him from accessing church properties prompting the matter to spill to the courts. The development led to further tension between the warring parties and in 2012 the parent church suspended Rev Sibanda from his position for allegedly breaching the cannons of the church and violating spiritual doctrines by continuously taking church matters to court.
The church, which was founded by Rev Morgan Sengwayo in 1955 and later affiliated to the Portland Oregon, has since 1985 been plagued by numerous divisions which resulted in splinter groups.
