THE leader of Apostolic Faith Mission (AFM) faction Cossam Chiyangwa who last week lost the power struggle for the control of the church at the High Court, has approached the same court challenging the ruling.
In a court application in which he is being backed by Amon Chinyemba, Nathan Nhira, Shepherd Sebata, Donard Ndoni, Aurthur Nhambuko and an M Mashumba, Chiyangwa argued that High Court Judge, David Mangota erred in delivering his judgment.
Mangota ruled that Amon Madao who is backed by immediate past president Aspher Madziyire is the legitimate leader of the church.
The Judge also ruled that Chiyangwa’s group must reverse everything they did, return everything they took and must stop presenting themselves as leadership of the church
“The respondents are hereby barred from accessing or using any assets or property of any kind belonging to the church,” said Justice Mangota.
“The respondents and their followers or agents or assignees be and are hereby directed to relinquish to the church all and any property belonging to the church that is in possession or under control of the respondents.
“Failure of the above, the Sheriff of Zimbabwe and his lawful deputy be and is hereby authorised to take all and any property and assets belonging to church from the control and possession of the respondent and hand over the same to the church.”
Madziyire and his then deputy split last year each of them commanding their followers in the church following a September 2018 church council meeting, which passed a vote of no confidence on the now former president of the church.
In his notice of appeal Chiyangwa said the High Court’s blessing of Madao was not procedural.
“The High Court erred in failing to find that the adoption of a new constitution by the respondents and their followers on September 15 2018 was not procedural and not in accordance with the provisions of the church.
“The High Court consequently erred in failing to find that the respondents and their followers secede from the church from September 15 2018 and therefore had no loci standi to challenge the proceedings of the church subsequent to that date,” claimed Chiyangwa.
“The High Court further erred in finding that the appellants could not seek consequential relief upon the grant of a declarator unless it was combined with an interdict or a claim for vindicatory relief.”
Chiyangwa begged the court to set aside Mangota’s ruling and that his faction be declared the office bearer of the church.
Madao was cited as the respondent in the court papers together with Munyaradzi Shumba, Madziyire, Tawanda Nyambirai, Clever Mupakaidzwa, Briton Tembo and Christopher Chemhuru.