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June 21, 2018

POLOKO MOKHELE

2 min read

Priest barred from church

Priest barred from church

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MASERU - The Magistrate Court last Thursday granted Bishop Mallane Adam Taaso of the Anglican Church a temporary interdiction to have Father (Fr.) Maieane Khaketla restrained from accessing the St Martins Church. Bishop Taaso, in April this year, approached the Magistrate’s Court asking for an urgent court order barring Fr. Khaketla from entering the church premises in Lesotho and performing his cleric duties.

This came after Bishop Taaso suspended Fr. Khaketla, but a defiant Fr. Khaketla presided over his cleric services despite the suspension. Handing down her judgement, Resident Magistrate Polo Banyane said: “The respondent has not presented anything to substantiate his argument that the Bishop is not authorised to file an affidavit on behalf of the church. “In light of the undisputed facts, I therefore find it far-fetched that the first applicant is acting in these proceedings simply because of the alleged (and importantly undisclosed) personal vendetta against the first respondent. “I conclude, therefore, that absent of substantiation of lack of authority, the only inference that can be drawn from the undisputed facts is that the Bishop is authorised to represent the church in this matter.”

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The respondent’s counsel had earlier during the hearing argued that Bishop Taaso had made a mistake by lodging the case because he does not have the locus standi to do so, saying the Bishop does not have the authorization in the absence of the regulatory body, which in this case ought to be the church collective body or governing council. The judgement read: “The first respondent (Fr. Khaketla) should be interdicted and restrained from violating the terms of his suspension by exercising ministerial duties and accessing any assembly of congregants including St Martin’s parish.

“Be interdicted and restrained from violating the terms of his suspension by exercising ministerial duties and accessing church premises of the second applicant (Anglican Church) situated at ha Tikoe called St Martin’s parish and all other premises belonging to the second applicant pending finalisation of the initiated disciplinary hearing.” “I have come to the conclusion that the applicants have established and met the requirements of an interdict sought. In the result, the points of law are dismissed and the rule is hereby confirmed. The applicants are rewarded costs of this application,” concluded Magistrate Banyane.

The respondents in the matter were Fr. Khaketla, Officer Commanding Thetsane Police Station, Commissioner of Police and the Attorney General as first to fourth respondents, respectively. Bishop Taaso cited himself as the first applicant and the Anglican Church as the second applicant. Advocate Nthati Molapo represented the applicants while Advocate Monaheng Rasekoai represented Fr. Khaketla.

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