ZCC members win 1st round in watershed case

Lobatse High Court judge, Godfrey Nthomiwa has ruled in favour of 17 members of Zion Christian Church (ZCC), who approached him on urgency to interdict disciplinary proceedings that were instituted against them by Bishop Edward Lekganyane. They are currently charged by the church for misconduct.

The applicants from Tlokweng branch approached the high court seeking to interdict the church from holding a disciplinary hearing against them pending the hearing of their grievances which have been lodged with the respondents. They also wanted to be furnished with specific details of their charges.

At the commencement of the case the court was informed that efforts made by the parties to reach a settlement between them failed the previous day with each side maintaining its entrenched position. Applicants wanted the court to make orders in terms of their prayers in the application by issuing an interdict against the disciplinary hearing scheduled for Saturday 12th December 2015 and the church objected to that order insisting that the applicants should instead withdraw their application.

“In my view the matter is sufficiently urgent to warrant being heard as such. This is because of the manner in which the church operates particularly the manner in which it is handling this matter. I agree with the applicants that if the disciplinary hearings were to be heard and diverse decisions made against them which includes expulsion or suspension from the church that would be the end of their case before Mothobi J,” said Justice Nthomiwa.

He dismissed the argument that the applicants had slept on their rights. “They brought this application as soon as they got to know that the church was proceeding with the disciplinary hearing notwithstanding that a case involving their grievances was pending before High Court. The notices were served on them at different times even early this month and in my view they acted immediately,” he said.

Justice Nthomiwa added, “Thus in my view the applicants have satisfied this court that this matter is urgent and why they claim that they would not be afforded substantial redress at a hearing in due course.” In their founding affidavits the applicants said the matter was urgent because they stand to suffer irreparable harm as they would on the 12 December 2015 face disciplinary hearings which may result in suspensions or dismissal as the charges are many and diverse. The church lawyer has argued that the matter is not urgent because it was self-created.

The applicants’ lawyer, Uyapo Ndadi argued that the matter was urgent as the applicants faced uncertainty about their future in the church as they face suspension or even expulsion. The applicants have for many years been members of the church and active members of a praise and worship group ‘Mokhukhu’. They lodged their grievances as far back as the 8th April 2014, with the church but these have not been attended to.

They were barred from engaging in the activities of the church such as praise and worship by the church leadership at Tlokweng because they had challenged the manner in which the leadership of the church accounted for church matters and the manner in which decisions concerning the church governance were made.