Response of Harare Diocese to Kunonga ruling

By Bishop Chad Gandiya

Events of the last few weeks have left many of you baffled because instead of the expected positive change many have witnessed an escalation of the disturbances. Honourable judge Malaba’s judgment on Monday this week has also added to the confusion of what is actually going on.

Most of you will have read in today’s Herald that Dr. Kunonga is calling for reconciliation and was “making all church buildings accessible to all Anglicans on times to be arranged with clergy from different persuasions of the church”.

We are therefore writing to inform you about the position of the diocese on the matter and to encourage you all to stand firm in your faith and commitment to the lord Jesus Christ and his Church. First we would like you all to remember that the church is people. You are the church and not buildings even though they are important.

Dr. Kunonga if quoted correctly in today’s Herald newspaper seems to be accepting Honourable President Judge Makarawu’s initial judgment that we shared use of church buildings at agreed times until the Courts made a determination on the matter. That matter is still before the High Court of Zimbabwe and we are waiting for a date to be set for the trial.

Second, we should guard against discussing church business including matters that are before the courts in the papers. I understand the need both to disseminate correct information to a wider audience and to counteract propaganda and lies that are at times peddled through the papers as “gospel truth” about our situation.

This has to be balanced with other prudent considerations such as the wisdom of refusing to play according to someone’s tune no matter how great the temptation may be.  Third, do not act on the basis of what you read in the newspapers without checking with us first. Again, we do not conduct our business through the papers. We will inform you officially about any changes to the status quo.

For instance, Dr. Kunonga has not contacted the province or us as he indicated in the Herald. If and when he does and the province or diocese has anything to share with you, we will do so without delay. In the meantime if you are able to use your churches please go ahead and do as it is in accordance with Makarawu judgment. If the police prohibit you, please do not resist because it could then end up in violence.

Our response to Judge Malaba’s judgment is as follows:

We, the Church of the Province of Central Africa (CPCA), Diocese of Harare, would like to comment on the article that appeared in The Herald of Tuesday 4 May 2010 entitled Church assets go to Kunonga, The reportage of the article aforesaid is not factually correct.

The Supreme Court did NOT declare Dr Nolbert Kunonga and his board of trustees legitimate and did NOT grant them control over properties of the Anglican Diocese of Harare, CPCA.

The Supreme Court granted a chamber application brought by Dr Kunonga to dismiss the appeal noted by the CPCA on a procedural technicality. The appeal brought by the Province related to the High Court Order that was granted by the Honourable Justice Hlatshwayo declaring Dr Kunonga and six others trustees of the Diocese of Harare.

That order vested the custody and control of diocesan property to Dr Kunonga and his six ‘trustees’ who have since left the CPCA and formed their own organization known as the Church of the Province of Zimbabwe and made Dr Kunonga archbishop of that church.

Since Dr Kunonga and his six ‘trustees’ are no longer part of the CPCA, they cannot, and are not part of the church that owns the property to which they are ‘trustees’. It is for this reason that the CPCA appealed against the order of the Honourable Justice Hlatshwayo.

The main matter pertaining to the ownership of diocesan property is still pending in the High Court and has not been disposed of. Since that matter is still pending in another court, the Supreme Court did not make any fining on it.

It is therefore a misnomer to report that diocesan assets now belong to Dr Kunonga as the ownership of assets was never an issue in this appeal. The High Court in the not too distant future, will determine the main property issue.

The CPCA also notes that in an article published on the front page of The Herald on Friday 7 May 2010, Dr Kunonga is alleged to have stated that all churches in the diocese were now accessible to all Anglicans on times ‘to be arranged with clergy from different persuasions of the Church’.

This is indeed the way it ought to have been as set out in the ruling of the Honourable Justice Makarau were it not for the illegal use of the police to bar CPCA parishioners from accessing church premises in clear contempt of the ruling.

The CPCA has always complied, and will continue to comply, with court orders issued by the courts of Zimbabwe. The CPCA will be filing an application to re-instate the appeal to the Honorable Justice Hlatshwayo’s order with the Supreme Court to ensure that the matter is determined on the merits.

My brothers and sisters in Christ, remember the words of St. Paul in 2 Cor. 2:7-10: “…we are hard pressed on every side, yet not crushed; perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed – always carrying about in the body the dying of the Lord Jesus, that the life of Jesus also may be manifested in our body”.

Now, to him who is able to keep you from falling and to present you before his glorious presence without fault and with great joy— to the only God our Savior be glory, majesty, power and authority, through Jesus Christ our Lord, before all ages, now and forevermore! Amen.

Every blessing in Christ

Bishop Chad Gandiya, Harare

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