The Sunday News
Thulani Ndlovu
THE battle for Guta Ra Mwari continues to bedevil the church with the faction headquartered at number 56008 Old Lobengula filing a High Court order barring the faction worshipping in Tshabalala at stand number 62470 from using the name Guta Ra Mwari.
The Tshabalala faction, led by its International Council chairman Evangelist Joseph Bongo Malunga two months ago, won a High Court order permanently barring other factions from interfering and disturbing its church proceedings and services.
The faction headquartered in Lobengula is led by Joseph Bakuru Tayali, Joel Tawedzera, Stephen Sibanda, Francis Mwene, Calvin Chauke and Sam Mkhithika. The Lobengula faction, which describes itself as “mother church” conceded that the Tshabalala faction is a “separate entity” from the “main church”.
The Lobengula faction, through court papers said the continued use of the name Guta Ra Mwari by the Tshabalala faction “causes confusion or is likely to do so to the general public, current members of the mother church and also potential members of the church”.
“Defendant . . . forfeited the right to use the name Guta Ra Mwari. It is a separate entity and as such it is not a branch of the plaintiff,” the court application reads in part.
Furthermore, the Lobengula faction asked the High Court to order the Tshabalala faction to surrender all church property including bank accounts.
“Before breaking away, certain members of the defendant used to run the administrative body of the plaintiff. They were thus signatories to bank accounts of the plaintiff.
“The defendant signatories being members of defendant did not resign being signatories of the plaintiff’s bank accounts. The defendant cannot legally continue to control the accounts when they have broken off the main church.
“Consequently, the plaintiff should be allowed to control the bank and defendant deprived of such control,” the application reads.
Additionally, the Lobengula faction alleged that the Tshabalala faction is in possession of immovable and movable property acquired by the “mother church” out of tithes or funds donated by church membership.
“Defendant has no entitlement to such property at law as same was acquired while it still belonged to the mother church but lost all rights to same on account of breaking away,” said the Lobengula faction through its summons.
“Bank accounts be declared to be lawfully under the control of plaintiff and should any be under the control of Defendant then the Defendant be ordered to relinquish such control to the Plaintiff and as such any signatories of the Defendant be and are hereby declared, removed and replaced by those of the plaintiff.”
The bank accounts in dispute are Agribank Bulawayo Branch, US dollar account number 004626430022; Agribank Bulawayo Branch, ZAR account number 0046230044; Agribank Bulawayo Branch, BWP account number 00462430033; FBC Bank Bulawayo Branch, US$ account number 1062518730175; FBC Bank Bulawayo Branch, ZAR account number 1062518730175 and Barclays Bank Bulawayo Branch, account number 2598-1135880.
Mr Zibusiso Ncube, of Messrs Calderwood Brcye Hendrie and Partners, a legal practitioner representing the Tshabalala faction, said they would oppose the order sought by Lobengula faction and they would file their court papers this week.
The Lobengula faction listed 42 branches that fall under it in Zimbabwe, two in South Africa, 19 in Botswana and one in the United States, United Kingdom, Canada, Australia, Zambia and Mozambique respectively.
