Fresh face jumps into ZCC battle
Goitsemodimo Kaelo | Thursday August 31, 2017 16:29
Jost Isaac, a member of the local ZCC has applied to be party to the constitutional case brought to court by Tshiamo Tladi and 10 others against their church. The members are suing the church over what they call violation of the church constitution and victimisation of members.
Isaac, who has already been admitted as a friend of the court in the main application, is now seeking to be party to the proceedings and defend the case against ZCC and its Bishop, Barnabas Lekganyane. Advocate Duma Boko represents him in the matter.
However, when the case resumed Tuesday before High Court Judge, Michael Mothobi, attorneys on both sides of the matter argued against Isaac’s application to joinder.
Advocate Soraya Hassim is representing the ZCC and its Bishop while Uyapo Ndadi represents the 11 members.
Hassim said the court should dismiss Isaac’s application because he had wasted the court’s time. “He has delayed these proceedings because he never intended to assist the court when he applied to be amicus curiae (friend of the court).
He now comes back to ask the court to nullify the order to admit him as a friend of the court and now wants to be party to the proceedings. The order was obtained deceitfully,” Hassim said. She added that the application is an abuse of the process.
Ndadi also argued that Isaac’s application was an abuse of court process as he (Isaac) was only advancing his personal interests. Ndadi said the applicant had no authority to represent the church as an ordinary member.
“If we look at the constitution of 2009 article 8 (d), it gives us an answer as to who can represent the church. It’s the General Secretary who can defend the church in the court of law. He has no powers; he’d rather be a friend of the court,” Ndadi said.
Ndadi continued: “The applicant has always been aware of these proceedings 19 months ago when he applied to be amicus curiae. He could have applied for a joinder.
The applicant has also not demonstrated that his rights as a member would be affected if he is not party to the case”.
Ndadi said as far as the main application is concerned, the ZCC is in charge of defending the case the best way they know how. He argued that as a member of the church, Isaac’s interests are protected by the structures of the church.
However, arguing for his client, Boko submitted that Isaac had the constitutional right to protect his interest as a member of the church.
Boko said his client is certain that the valid constitution of the church is the 1994 one as demonstrated by the affidavit of the Registrar of Societies.
He said when Isaac applied to be a friend of the court, he expected the Registrar of Societies, as the custodian of records to present this fact to court.
“He seeks to lay the facts bare. When he applied for amicus curiae, his expectation was that the Registrar of Societies would present these facts. There is confusion as to which constitution is valid and the court has to determine which one provides for the contract between the church and its members,” Boko said.
In the main application, the 11 members are arguing that the church has not held its Annual General Meeting (AGM) in Botswana since 2009 and that the head office in Botswana has no minister as per the constitutional requirement.
They want an order declaring that ZCC and Lekganyane are violating the constitution by not convening the AGM on a yearly basis or at all as provided for by the ZCC constitution, among other complaints.
The case returns on October 24, 2017.