CPCA challenges the Supreme court judgement

LAWYERS representing the Anglican Diocese of Harare in the Church of the Province of Central Africa (CPCA) on Wednesday filed a Constitutional appeal against a chamber ruling by Chief Justice Godfrey Chidyausiku on 4 August 2011.

Godfrey Chidyausiku
Godfrey Chidyausiku

The Chief Justice ruled that while he reinstated the appeal by the CPCA, he categorically stated that ‘the appeal shall not suspend the operation of the order’ giving the ex-communicated Dr Kunonga full custody of Anglican properties, yet he left the Church voluntarily to form his own Province of Zimbabwe.

In light of these developments, clergy and members of the laity belonging to the Anglican Diocese of Harare (CPCA) across Harare, Mashonaland West, East and Central have been receiving threats, constant harassment and lately severe beatings from Kunonga’s hooligans, masquerading as clergy, accompanied by ‘certainly hired thugs’. The latest casualty is Reverend Jonah Mudowaya who was severely assaulted in Chinhoyi on Wednesday 24 August 2011.

In the court challenge, filed Wednesday 24 August 2011, the Anglican Diocese of Harare (CPCA) argues that paragraph 3 of the order that granted Kunonga custody of Anglican properties in Case Number SC 180/09, judgement Number SC19/11 by the Chief Justice in his chambers to the effect that the ‘noting of the appeal should not suspend the operation of the order’ is null and void for being in contravention of sections 18(1), 18(1a), 18 (9) of the Constitution of Zimbabwe.

The CPCA argues further that: “Any actions taken by or on behalf or in the name of Kunonga and his trustees on the basis or pursuant to Judgment SC19/11 should be reversed, and the status quo aute as at the time that judgment was given shall prevail.”

The Diocese of Harare (CAPCA is demanding that Kunonga’s agents, followers, representatives should restore to the CPCA all property, movable or immovable which they took, seized, occupied or otherwise took possession of from the Anglican Diocese of Harare (CPCA).

In his judgement, in paragraph 3, while acknowledging the multiple applications and counter applications by the CPCA and Kunonga, the Chief Justice ironically ruled that: “For the avoidance of doubt, the judgment will not be suspended by the noting of an appeal against it.”

He said the multiplicity of these applications is simply adding ‘to the confusion and hampering expeditious finalisation of the dispute between the parties’. His judgement has furthered the confusion, unfortunately.

As a church with a clear conscience on what belongs to who and where, the Anglican Diocese of Harare (CPCA) denounces all forms of violence that have been unleashed on clergy occupying church houses and the continued harassment of ordinary church members by Kunonga’s hooligans, who during the day masquerade as priests, but at night moonlight as thugs, instilling fear and uncertainty into the families of the Anglican clergy.

What continues to worry the CPCA in the ongoing court hearings is that while Kunonga voluntarily resigned from the CPCA, claiming that there was homosexuality and was opposed to the land reforms in Zimbabwe, is that in his papers ironically wants to be recognised as the legitimate bishop of the Anglican Diocese of Harare (CPCA), which is now legitimately occupied by Bishop Nicholas Chad Gandiya, who has worldwide recognition in the Anglican Communion.

The real issue why Kunonga left the Church was money; he had hoped that all Anglicans will follow him out of the Church in 2007, deliberately forgetting that Anglicanism is entrenched in the Anglican Communion and people have values and beliefs which he lacks. People have no interest and have no attachment to failure and deviant behaviour, inspired by political opportunism.

To us, Kunonga is history, and history is in the past. He prepared his bed of thorns, and he should lie on it. Bishop Gandiya has no time to engage in trivial warfare with a man without a known cause, except fighting for relevance, which he has lost. Kunonga and his thugs can misrepresent facts as much as they want on the CPCA’s position on homosexuality but everyone who has eyes can see that Bishop Chad has a wife and family, all clergy have happy and solid families and senior politicians from across the political divide are genuine Anglicans and attend CPCA services.

Clearly, if anyone has a wish to establish where the Church stands on the trivial issue of homosexuality which is apparently Kunonga’s so-called trump card, the Canons and the Constitution of the CPCA and the Acts of the Anglican Diocese of Harare show clearly that ‘homosexuality is not allowed and has no place in the CPCA’.

The question that we in the CPCA continue to ask is: “Why did Kunonga want homosexuals in the CPCA to attend his Bernard Mizeki commemorations at the shrine and still happy with Chief Justice Chidyausiku’s order that seeks to impose him as the Bishop of the CPCA in Harare? Is he fed up already of being an archbishop of the Province of Zimbabwe and now want to reduce himself to a diocesan Bishop?” He must be happy to be commanding a whole province.

The Bishop of the Diocese of Harare CPCA, Dr Nicholas Chad Gandiya is urging all Anglicans in their respective congregations to unite against this unprovoked attacks and be available to protect their clergy and elderly from Kunonga’s thugs, who have demonstrated beyond reasonable doubt that they are not interested in the Anglican Church but in abusing Church finances, buildings and vehicles and other movable properties.

MuKristu Usanete. Namata Urinde

Post published in: News

Leave a Reply

Your email address will not be published. Required fields are marked *