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Anglican Church of Zimbabwe of the Province of Zimbabwe (ACPZ) versus Anglican Church of the Province of Central Africa (CPCA) - Chiweshe ruling
High Court of Zimbabwe
December 10, 2012

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Case Number: HC 13680 /12
Ref Case No. HC 6544/07
Ref Case No. HC 4327/08
Ref Case No. HC 2792/09
Ref Case No. SC 180/09
Ref Case No. SC 130/10

ANGLICAN CHURCH OF THE PROVINCE OF ZIMBABWE
versus

ANGLICAN CHURCH OF THE PROVINCE OF CENTRAL AFRICA
and

THE DEPUTY SHERIFF

HIGH COURT OF ZIMBABWE CHIWESHE JP
HARARE, 4 and 5 December 2012 &10 December 2012

Mr J Samukange with Mr T Hungwe, for the applicant
Adv T. Mpofu & Mr R. Moyo with Pastor Dzavo, for the respondents

CHIWESHE JP: In July 2009, my brother HLATSHWAYO J, heard an application under case number HC 4327/08 as consolidated with another application under case number HC 2792/09. The parties to those applications were the Diocesan Trustees of the Diocese of Harare (as applicants) and the Church of the Province of Central Africa (as respondents). In this judgment I shall refer to the latter as "the mother church". In that consolidated application, HLATSHWAYO J made an order declaring Bishop Dr Nolbert Kunonga and six others to be the Diocesan Trustees of the Diocese of Harare, a diocese under the mother church. It was further declared that the property of the Diocese of Harare, movable or immovable, owned by the mother church vests in the said Diocesan trustees and, on that account, the mother church was ordered to give vacant possession /occupation and control of the assets to the Diocesan Board failing which the Deputy Sheriff was authorised to seize such property and hand it over to the Diocesan Board. In addition, with regards the application under HC 2792/09 Dr Kunonga's position as Bishop of the Diocese of Harare was confirmed on the grounds that his purported removal from that position had not been pursued in terms of the canons and constitution of the mother church.

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