22 February 2018
Chamisa disowns Khupe bashers
Zacc: Grace innocent, UZ boss main culprit
Anguish as regular donors dump Zanu PF
Zanu PF youths vague after Mugabe snub
Chinamasa vows to rise from grave over farm
Tsvangirais call for elected MDC-T leader
Warning against Mugabe day truancy
Angry Byo crowds scupper peace indaba
ED vows CSC, David Whitehead revival
Matebeleland in command livestock
UK SAMAFest: Tuku, Winky D, Mafikizolo
Actress new Miss Zim licence holder
FC Platinum crash out 5-1 on aggregate
FC Platinum ready for sink or swim tie
Morgan Tsvangirai a dear, just leader
New era: Changing Zimbabwe’s past
Tsvangirai aide farewell to iconic boss
In the aftermath of Tsvangirai's death
Kunonga loses Anglican property fight

New man in charge ... Bishop Gandiya being ordained as head of the Harare Diocese

19/11/2012 00:00:00
by Moses Chibaya
Losing fight ... Nolbert Kunonga
Kunonga threatens to shoot snapper
Kunonga ran up $300k bills: Anglicans
Today’s church: a den of thieves
‘Racist’ US church lifts ban on Zimbabwean
'Racist' US church bans Zimbabwean
Apostolic sect leader Nzira dies
Mugabe 'on top of things': Williams
Williams hands Mugabe Kunonga 'dossier'
Archbishop blasts greed, lawlessnes
Kunonga followers protest Williams visit
Mugabe to challenge Williams over sanctions
Archbishop Williams due on Sunday
Kunonga scorns Williams visit
Anglican head to meet Mugabe
UK uni caps 7 Zim theology students
Apostolic sects back immunisation
Pastor in N. Ireland sex scandal
Guti on his Christian empire
Fracas at Masowe over politics
THE ex-communicated Anglican bishop Nolbert Kunonga has lost a six-year battle to hang onto church property, which sometimes turned violent.

The Supreme Court, in a judgement released on Monday, dispensed of four appeals before it – and all went against Kunonga who purported to pull the Diocese of Harare out of the mother church in a row over the ordination of gay bishops.

The new head of the Anglican in Zimbabwe, Bishop Chad Gandiya, spoke to jubilant parishioners outside the Supreme Court.
“We waited, we have been vindicated and this is God’s doing.

“We appeal to you all not just those of the Diocese of Harare but also of our sister Diocese in Manicaland and also Masvingo and the whole Anglican Church that we be gracious in winning as well.

“You will be informed as soon as possible about when we will move into our churches, actually I can’t wait.”

Deputy Chief Justice Luke Malaba presided over the three-judge bench that heard the arguments last month in a consolidated appeal on the four cases in which the Church of the Province of Central Africa was seeking to overturn a High Court decision recognising Kunonga and six others as the trustees of the Diocese of Harare.

Justice Omerjee AJA, who read the judgement, said: “When one leaves a club one does not take its property with him or her. It has long been established as a salutary principle of law in this area of property ownership that when one or more people secede from an existing church, they have no right to claim church property even if those who remain members of the congregation are in the minority.

"The judgment of the court a quo cannot stand. It is therefore ordered as follows:

“1. The appeal in the case of The Church of the Province of Central Africa v The Diocesan Trustees for the Diocese of Harare SC 180/09 succeeds costs.

“2. The judgment of the court a quo in case No HC 4327/08 is set aside and substituted with the following: “The application is dismissed with costs.”

“3.The appeal in the case of the Church of the Province of Central Africa v Bishop N. Kunonga and Ors SC 130/10 be and is hereby allowed with costs.

“4. The judgment of the court a quo in case No. HC 6544/07 is set aside and substituted with the following order: “The claim is granted with costs.”


The judgement confirmed that Kunonga had left the Anglican; had ceased to be a trustee and therefore had no entitlement to the use of church property.

Advocate De Bourbon, for the Anglican, said during the appeal hearing that Kunonga resigned from the Church of the Province of Central Africa in a letter dated September 21, 2010, and the church accepted the resignation through another letter on November 16 that year.

Kunonga and his followers created a rival province called the Church of the Province of Zimbabwe that ran parallel with the Church of the Province of Central Africa.

Outside court on Monday was the human rights activist Jestina Mukoko, who said he was “elated”.

Another parishioner Kudzai Gandiya of St Michaels Mbare said she hoped the police – previously accused of favouring Kunonga – would move to enforce the Supreme Court judgement.

“We want Kunonga and his people to vacate so that we can use our churches. We want to end want they were doing turning our church buildings into brothels. We want them to move out like yesterday,” she said.

“We have been waiting for this judgment for a lengthy period.”

The feud began in 2007 when Kunonga - an avowed supporter of President Robert Mugabe - pulled out the Harare Diocese from the Church of the Province of Central Africa (CPCA) accusing the main church of promoting homosexuality.

Kunonga held on to millions of dollars worth of real estate, including worshipping halls, schools and crèches.

When the worldwide head of the Anglican church Rowan Williams, the then Archbishop of Canterbury, visited Zimbabwe in October 2011, Kunonga's supporters marched through the streets holding banners denouncing him.

Email this to a friend Printable Version Discuss This Story
Share this article:

Digg it






Face Book



comments powered by Disqus
RSS NewsTicker