The Sunday News
Thulani Ndlovu
THE battle for the control of Guta Ra Mwari has seen warring factions getting involved in yet another protracted legal battle for the control of the church’s branches dotted in and outside the country.
High Court judge Justice Martin Makonese last week reserved his ruling on an application brought by the breakaway faction of the church, Guta Ra Mwari (Tshabalala), for a permanent order barring other factions from interfering with branches around the country and beyond.
The respondent is the mother church, Guta Ra Mwari (Old Lobengula).
Guta Ra Mwari (Old Lobengula) through their lawyer Mr Matshobana Ncube of Phulu and Ncube, told Justice Makonese that the breakaway faction in Tshabalala does not control any branch in or outside the country.
However, Mr Matshobana Ncube accepted that Guta Ra Mwari (Tshabalala) is now a separate entity from the main church Guta Ra Mwari (Old Lobengula).
Guta Ra Mwari (Old Lobengula) has since filed a separate application to interdict Guta Ra Mwari (Tshabalala) from using the name Guta Ra Mwari.
The suggestion by Mr Matshobana Ncube that Guta Ra Mwari (Old Lobengula) is the mainstream religion, led to a protracted argument with the legal representative for Guta Ra Mwari (Tshabalala), Mr Zibusiso Ncube of Calderwood, Bryce and Partners, who told the judge that the contending factions are of equal stature.
However, Mr Matshobana Ncube said it is common cause that before Guta Ra Mwari (Tshabalala) formed a breakaway unit, there was only one church, the respondent (Guta Ra Mwari, Old Lobengula).
“Neither is it alleged that the branches formed prior to the Tshabalala faction breaking away have also broken away from the first respondent (Guta Ra Mwari, Old Lobengula). The applicant (Guta Ra Mwari, Tshabalala) is a new entity as alleged in their papers.
“In fact, that was the finding of your brother judge, Justice Nicholas Mathonsi sitting at the High Court in Harare,” explained Mr Matshobana Ncube.
Justice Makonese intervened and asked whether Guta Ra Mwari (Tshabalala) is not one of the many branches of Guta Ra Mwari (Lobengula).
“No my Lord the branches are a separate entity belonging to the first respondent. The applicant, Guta Ra Mwari headquartered in Tshabalala, broke away from the mother church independent of the branches,” replied Mr Matshobana Ncube.
Furthermore, Justice Makonese urged contending lawyers to consult their clients and divide the branches dotted in the country and beyond in terms of who controls them. Nonetheless, Mr Matshobana Ncube shot back and told the judge that an agreement is not possible, unless it pertains to Guta Ra Mwari (Tshabalala).
He added that all property in the branches belongs to the main church, Guta Ra Mwari (Old Lobengula).
Mr Zibusiso Ncube made a submission to the judge that what Guta Ra Mwari (Tshabalala) is seeking has nothing to do with ownership but it has everything to do with the constitutional liberties of the right to religion.
Mr Matshobana Ncube used the analogy of the Roman Catholic and the Anglican churches to explain to the judge that while Anglicans broke away from Catholics, neither church today can claim to represent the other.
“The other branches should approach this honourable court, if they seek an order against Guta Ra Mwari, Old Lobengula. The position that we have now is akin to an arrangement between Roman Catholic and the Anglican churches. Neither church has standing to represent the other,” said Mr Matshobana Ncube.
“The applicant has not shown that it has established branches in and outside Zimbabwe or proved that they have control over any branches outside of Tshabalala.
“Further, the applicant has not stated before this honourable court, which branches in particular. The court has been left to speculate on the branches referred to in and outside Zimbabwe. This court is asked to make an extra-territorial order, a directive this court cannot enforce.”
Mr Zibusiso Ncube told the judge that he will arrange a list of branches owned by Guta Ra Mwari (Tshabalala) and submit the document to the judge.
Justice Makonese postponed his ruling indefinitely.
