High Court reserves judgment in Mwazha fight

Source: High Court reserves judgment in Mwazha fight | Herald (Crime)

Court Reporter

The High Court has reserved judgment on whether the application filed by the African Apostolic Church in a dispute pitting the founder Archbishop Paul Mwazha against estranged son Alfred Kushamisa is urgent.

This comes after Archbishop Mwazha took his son to court for continuing to ignore a court order barring him from claiming to be the archbishop and successor to his 103-year-old father.

The court heard argument on a preliminary point of urgency and reserved judgement to today.

Only two weeks ago, the Supreme Court settled the succession dispute and wrangle for control of the church after it confirmed a High Court order that reinstated Archbishop Mwazha as the leader of the church.

 It emerged over the weekend that Alfred Kushamisa organised a meeting to install himself as church leader against the Supreme Court order which stated that he had no right to do so as the founder was still alive and it would be in contravention of the church’s constitution. 

According to the church’s constitution, Archbishop Paul Mwazha is the permanent head of the church.

In the event of his death, the congregational priesthood, which comprises all his biological sons who are bishops in the church, shall preside, making decisions unanimously. 

Archbishop Mwazha was represented by Advocate Lewis Uriri instructed by Mr Nickle Mushangwe.  

Three judges of the Supreme Court judges Justices George Chiweshe, Susan Mavangira and Tendai Uchena upheld the decision by High Court judge Justice Chitapi nullifying the claim of Alfred Kushamisa to be the successor of his aged father. 

The judges said there was no evidence before the court that the Archbishop Mwazha was incapacitated and a successor should be appointed. 

Archbishop Mwazha has delegated some of his duties to his bishops, who are his biological sons, but the debate in the church is on who will take over in the event of his demise.