Church of the Province of Central Africa, Diocese of Harare, Zimbabwe

Renegade Bishop Kunonga on the way out. Some difficulties but court victory for Bishop Chad Gandiya

See: http://www.changezimbabwe.com/index.php/news-mainmenu-2/1-latest/4393-supreme-court-overturnes-hlatwayo-decision-on-anglican-church

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http://www.churchtimes.co.uk/articles/2012/30-november/news/world/police-evict-kunonga-from-offices

FROM: The UK Church Times 

By Pat Ashworth 

22nd October 2012

Zimbabwe Anglicans optimistic 

of court victory over Kunonga

                                                                Bishop Chad Gandiya

FINAL judgment is awaited from the Supreme Court in Harare, which sat on Monday to deal with all the outstanding issues concerning the Anglican Church in Zimbabwe.

The seven cases were scheduled to take a week but the business was concluded by 1 p.m., and, for the first time in the bitter, five-year battle for justice, the Church's lawyers were satisfied that the matters had been dealt with fairly.

The lawyers had done a "fantastic job", said the Bishop of Harare, the Rt Revd Chad Gandiya, on Monday afternoon. Judgment has already been given in the case concerning Manicaland, where the three judges upheld an earlier decision in favour of the Church of the Province of Central Africa (CPCA) and threw out the appeal of the excommunicated bishop, Elson Jacazi.

"The people there can all return to their churches," said Bishop Gandiya. "I am still pinching myself. I have always told people that I'm prepared to be surprised, and I am surprised." The remaining cases all stem from the main matter to be ruled upon, i.e. who is the legitimate Bishop of Harare and chairman of the Board of Trustees. Bishop Gandiya declared himself satisfied at how the matter had been dealt with.

"We are happy that no favouritism at all took place," he said. "Deputy Chief Justice Malaba dealt with the law. In the end, it was very clear what the issues were." The Bishop is clearly optimistic about the outcome, but continues to be cautious, adopting a "so far, so good" approach and is urging continuing prayer and vigilance.

Background:

Since the three judges were all political appointees, Bishop Gandiya had said on Sunday that, "Anything could happen."

Nolbert Kunonga, the excommunicated former Bishop of Harare, and Mr Jacazi, the excommunicated former Bishop of Manicaland, both claim to be the legitimate bishops - and Kunonga to be archbishop of the illegal "Province of Zimbabwe" he created when he and Mr Jacazi withdrew their dioceses from the Province of Central Africa in 2007, on the pretext of its "support for homosexuality".

Since 2007, Kunonga - who had 39 serious charges against him as Bishop of Harare, and walked free from an aborted ecclesiastic trial in 2005 - has subjected Anglicans to what the Archbishop of Canterbury, Dr Rowan Williams, described as "a grave litany of abuses" when he met President Robert Mugabe in October last year.

Dr Williams promised then: "We will continue to fight for the restitution of all our properties in the courts wherever and whenever their ownership is challenged." And he urged the President Mugabe, whose favourite Kunonga was, to ensure that court rulings were "respected rather than ignored".

The Anglican Province's legal battle has suffered from political influence by President Mugabe himself. Early judgments ruled that Kunonga should share premises with the CPCA until the "dispute" over assets and funds had been resolved.

A farcical judgment by Hon Justice Hlatshwayo in July 2009 recognised Kunonga as the incumbent Bishop of Harare (CPCA), and his supporters as the legitimate Board of Trustees, on the grounds that he had conceded to "turn back the clock" and renounce his schismatic actions as though they had never happened. The CPCA lodged an immediate appeal in the Supreme Court, which ensured suspension of the decision, and enabled Bishop Chad Gandiya to be consecrated that month.

Violence and persecution intensified as Kunonga won police support for the implementation of the Hlatshwayo judgment. In March 2010, Justice Chinembiri Bhunu ruled the CPCA's appeal valid, a ruling totally ignored by Kunonga and his followers, despite the dismissal of an appeal by his Board of Trustees. Things got worse from May 2010, when Hlatshwayo summarily called both parties to his court chambers, claimed he had dealt with the main dispute over properties and declared there was no need for a trial.

The CPCA appealed to the Supreme Court against Hlatshwayos's interpretation of the main case, arguing that his refusal to hear it was a denial of their constitutional right to justice. Bishop Albert Chama, now Archbishop of CPCA, demanded that year: "How can such a process meet with the approval of a judge where justice, farirness, impartiality and the protection of fundamental rights, are supposed to be ingrained as guaranteed tenets of an independent judiciary, without fear, favour or prejudice?"

Anglican Bishop Chad Gandiya of Harare clarifies the situation

The Rt Revd Chad Gandiya, Bishop of Harare, CPCA, Anglican Communion

From the Anglican Communion News Service

Bishop of Harare: "We are CPCA and there is no law that forbids us to worship God."

Posted On : February 22, 2012 2:11 PM | Posted By : Admin ACO

ACNS: ACNS5049

By ACNS staff

Bishop Chad Gandiya of Harare today issued an open letter to stress the difference between the Church of the Province of Central Africa dioceses in Zimbabwe and the churches run by an excommunicated former bishop.

Bp Chad said in the letter that there appeared to be “still a lot of confusion” about the status of the two groups and so he wanted to clarify things: “so that our members can continue to congregate and worship God freely as members of the Diocese of Harare (CPCA)”.

“The Diocese of Harare, Church of the Province of Central Africa (CPCA) is part of
the worldwide Anglican Communion with over 70 million members,” he said. “It is not a part of the ‘Anglican Church in Zimbabwe’ or Province of Zimbabwe which was formed and headed by Dr Nolbert Kunonga.”

Bp Chad accused Dr Kunonga—who left and was later excommunicated from the CPCA—of “deliberately playing on words” by referring to the church he established as ‘Anglican Church in Zimbabwe’ and also ‘the Province of Zimbabwe’.

The outspoken bishop pulled no punches in criticising police intervention of Anglican services: “Let it be known therefore, that the Diocese of Harare (CPCA) is a legal church organisation in Zimbabwe whose operations are above board. Anyone who disturbs the activities of the Diocese of Harare (CPCA) is breaking the law. Christians anywhere in Zimbabwe when they meet for worship or church business do not need to be sanctioned by the police. You only need to look at the number of congregations throughout Zimbabwe who meet under trees to worship. They do not need police to give them permission to gather.

“Any police officer who demands any of our congregations to be sanctioned by them or Kunonga is simply abusing his/her authority, breaking the law and infringing on the constitutional rights of the people of Zimbabwe to assembly, association, expression and worship.”

He also clarified the church’s views on homosexuality, in an effort to ensure people did not believe the lies spread about the CPCA’s position on the issue.

Anglican congregations across Zimbabwe who were forced out of their buildings by followers of the excommunicated former bishop resorted to worshipping in the open air, in pubs, schools, and anywhere else they can find to congregate. This, said Bp Chad, was something that was their legal right.

“While the Diocese awaits the Supreme Court of Zimbabwe to determine the issues around the properties taken by Dr. Kunonga, we are free to worship at any place and at any time that we find convenient other than our church buildings which he was given custodianship until the matter is resolved. There is no law in Zimbabwe that forbids us to worship God. The same applies to those who do not want to worship with us – there is no law in the statutes of Zimbabwe that forces any one to worship with someone they do not want.”

The Anglican Church in Zimbabwe has been under attack from the excommunicated bishop, Dr Nolbert Kunonga, since 2007. Kunonga, with the support of police and henchmen, has seized CPCA church property and used violence to break up church services. In an interview with the New York Times, Dr Kunonga was quoted as saying that his aim is for his church to control about 3,000 Anglican churches, schools, hospitals and other properties in Zimbabwe, Zambia, Botswana and Malawi.

ENDS

The full letter is below:

OPEN LETTER TO THE PARISHES IN THE DIOCESE OF HARARE (CPCA)
February 2012

To all the faithful in the Diocese of Harare CPCA,
Warm greetings to you all! May mercy, peace, and love be yours in abundance.

We are writing to ask you to kindly take note of the following:

1. There is still a lot of confusion regarding the Diocese of Harare (CPCA) and the ‘Anglican Church in Zimbabwe’ also referred to as Province of Zimbabwe. We want to clarify this position to all our parishes and the members of the public so that our members can continue to congregate and worship God freely as members of the Diocese of Harare (CPCA) which is different, independent and has no communion with Dr. Kunonga’s ‘Anglican Church in Zimbabwe’.

2. The Diocese of Harare, Church of the Province of Central Africa (CPCA) is part of the worldwide Anglican Communion with over 70 million members. It is not a part of the ‘Anglican Church in Zimbabwe’ or Province of Zimbabwe which was formed and headed by Dr Nolbert Kunonga.

3. There is no confusion about the leadership of the two different churches. The Diocese of Harare (CPCA) is led by me Bishop Chad Nicholas Gandiya. The confusion is created in the use of the name ‘Anglican Church in Zimbabwe’ by Kunonga making it appear that any church in Zimbabwe with the designation ‘Anglican’ or that is part of the Anglican Communion is his church. In the Anglican Communion, there is no Diocese or Province called the Anglican Church in Zimbabwe or Province of Zimbabwe. Dr. Kunonga is deliberately playing on words and words associations to confuse people. Let it be known therefore, that the Diocese of Harare (CPCA) is a legal church organisation in Zimbabwe whose operations are above board. Anyone who disturbs the activities of the Diocese of Harare (CPCA) is breaking the law. Christians anywhere in Zimbabwe when they meet for worship or church business do not need to be sanctioned by the police. You only need to look at the number of congregations throughout Zimbabwe who meet under trees to worship. They do not need police to give them permission to gather. Any police officer who demands any of our congregations to be sanctioned by them or Kunonga is simply abusing his/her authority, breaking the law and infringing on the constitutional rights of the people of Zimbabwe to assembly, association, expression and worship.

4. The dispute that remains between Dr. Kunonga and his Anglican Church in Zimbabwe and us in the Diocese of Harare CPCA centres on the properties that he took with him when he withdrew and was subsequently excommunicated from the
Church of the Province of Central Africa and therefore the Worldwide Anglican Communion in 2007. This matter is still before the courts and we wait for the final resolution of the matter by the courts of law in Zimbabwe.

5. The issue of homosexuality is also being used to confuse our members and members of the public. The position of the Diocese of Harare and the CPCA on homosexuality is clear. Canon 22.5 states that: “The Church of this Province believes that marriage, by divine institution, is a lifelong and exclusive union and partnership between one man and one woman”. It does not encourage or approve same-sex unions or relationships.

6. As far as the Diocese of Harare (CPCA) is concerned, and as far as all those who are in communion with us are concerned, Dr. Kunonga is not a part of our church, and we are not a part of his church. Let no one be fooled by the deliberate confusion between the Diocese of Harare (CPCA) which is headed by me, Bishop Chad N. Gandiya and
Dr. Kunonga’s “Anglican Church in Zimbabwe”. While the Diocese awaits the Supreme Court of Zimbabwe to determine the issues around the properties taken by Dr. Kunonga, we are free to worship at any place and at any time that we find
convenient other than our church buildings which he was given custodianship until the matter is resolved. There is no law in Zimbabwe that forbids us to worship God. The same applies to those who do not want to worship with us – there is no law in the statutes of Zimbabwe that forces any one to worship with someone they do not want.

In the name of God, please do not allow yourself to be fooled. If there are things about what is happening that you do not understand, please ask us and we will gladly explain it to you.

Now unto him who is able to keep you from falling, and to present you faultless before the presence of his glory with exceeding joy. To the only wise God our Saviour, be glory and majesty, dominion and power, both now and ever. Amen.

With every blessing as you seek to draw closer to the Lord this Lent,

+Chad, Harare.
The Rt. Revd. Dr. Chad N. Gandiya
Bishop of the Diocese of Harare (CPCA)