STAFF REPORTER The High Court has declared an interim executive committee of the St John Apostolic Faith Mission as unlawful “because it was elected without following due processes of the law.” Delivering her judgement on Friday, Acting Chief Justice ‘Maseforo Mahase, also ordered the said committee not to call itself the church’s committee as well as to cease from administering and running the church. She also ordered that the respondents should pay the applicant the costs of the suit. The judgement follows a lawsuit filed by Bishop David Macheli, a senior member of the church, in which he 11 respondents, 10 of which are members of the church over the administration and running of the Church. Appearing for the applicant, Advocate Nthati Pheko had asked the court to nullify and cancel the church's purported interim executive committee as it stands to prejudice the administration and running of the Church. she told the court that a church, like any other voluntary organisation, has a constitution which is binding to its members. She explained that St. John Church’s Constitution does not provide for or has the so called interim executive committee which the first to the tenth respondents are members of, under the Church’s structures. She therefore asked the court to nullify and cancel the committee’s existence as according to her it was clear that it was improperly elected and the Church’s Constitution was not followed when doing so. Advocate Pheko also explained that the respondents failed to convince the court that they were indeed properly elected by attaching supporting affidavits, further highlighting that even the eleventh respondent, the Registrar General queried their attempt to register and demanded to know whether the elections were properly constituted but was never availed with required documents. When countering Advocate Pheko’s submissions, Advocate Boithabiso Sekatle for the respondents had explained to the court that Bishop Macheli had no right to have come to court and challenge the appointment of the interim executive committee as no Church member, regardless of their rank within the Church’s structures has a right to sue the Church on their own without being authorised to do so. He explained that Bishop Macheli just woke up and decided to sue the Church without any authority and or support from any of the Church members. Concerning the election and registration of the interim executive committee, Advocate Sekatle had told the court that it was duly registered and was therefore vested with powers of administering and running the Church. The respondents in this case were: Lady Bishop ‘Mamotena Matsoso, Paul Nkofo, Ts’eisa Lepipi, Senene Monaphathi, Mahlomola Mpholo, Sidwell Mokoma, Khotso Thamae, Rethabile Mokhahle, Sello Mahooane, Ts’eliso Ntaisane and the Registrar General.
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April 26, 2019
2 min read
Apostolic church committee unlawful, court
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