By: Lloyd M’bwana
The seating High Court Judge Charles Mkandawire questioned CCAP Livingstonia Synod and members of the breakaway faction of Kanengo congregation wisdom behind their wrangle over church properties ownership saying the practice was contradicting Christianity teachings of love and reconciliation.
Judge Mkandawire made the observation on Thursday, December 10, in the capital Lilongwe when declared that CCAP Livingstonia Synod was a rightful owner of the Kanengo congregation property following the Synod decision to drag the congregation to the court over the matter.
Delivering the judgment on the wrangle over church properties, Judge Mkandawire vehemently criticized the Synod and followers of Reverend Chimwemwe Mhango for failing to handle the matter amicably thereby sought court’s decision which he observed was contradicting Christianity doctrines of reconciliation.
The Judge pleaded for tolerance among the two factions, urging them to resolve the issues through the CCAP General Synod Assembly comprising synods from Malawi, Zambia and Zimbabwe that only then one would seek court intervention for verdict.
“Do leaders, Reverends and Christians of the CCAP Livingstonia Synod really believe in the teachings of the great Shepherd Jesus Christ? This question might be subtle to be answered at this point in time because everybody is waiting for the decision of the court in this dispute. It is however not very late for the warring parties in this matter to seriously reflect on it as there’s still some opportunities for the reconciliation as long as we believe in love and reconciliation.
“To those in authority, were extenuating circumstances to Reverend Chimwemwe Mhango taken into consideration before he could be moved to Ekwendeni or Euthini? To Reverend Mhango, as a man of God, does it really matter where this evangelization takes place? If the calling he took to Kanengo had conditions attached before he could be transferred, are those conditions cast in stone?
“If you cannot forgive each other, then, I am questioning your Christianity. It’s clear both sides aren’t tolerating each other. But now I am pushing it back to you to resolve this matter without seeing any splinter group”, urges Judge Mkandawire.
Both camps were present in court room and could see them all clapping hands when the Judge’s statement was made in their favour.
“I have listened to the beautiful submissions made by both parties on the way forward as how the court should approach the property dispute herein. Several cases have been cited as precedents and several provisions of our Republican Constitution on the right to property and freedom of association have also been brought to my attention.
“However, I, hasten to say that time isn’t ripe yet. These case authority and constitutional provisions would be relevant only when matter herein has passed the stage of the General Assembly.
This court therefore, directs that the orders sought by the plaintiff in the originating summons are hereby granted and costs of this action are awarded to the plaintiff”, declares Mkandawire.
After the Judgment, the Maravi Post caught up with lawyers from both camps starting with Victor Gondwe who agreed with the court’s determination on the matter saying trustees of the Livingstonia Synod were in control of Kanengo Congregations premises.
“Worshipers at Kanengo congregation are free to continue using the premises as long as they submit decision to the Synod. The Synod will take over management of the property”, says Gondwe.
While Zeros Matumba, a lawyer representing Reverend Mhango followers hinted that nothing has changed over the court’s verdict saying they have won the case as would continue using the property as trusteeship not ownership.
“The status quo remains. We are the victors because we are not vacating the premises. We have won. If there’s an aggrieved party it should go on to General Assembly. The court could have said Kanengo congregants are evicted, but the court did not say that. The Synod was saying the court should declare that the property should be surrendered but the court didn’t say that”, excited Matumba.
The wrangle between CCAP Livingstonia Synod and Kanengo congregation in the capital Lilongwe came into being following the Synod’s resolution to suspend Reverend Chimwemwe Mhango after he refused a transfer from Kanengo to Euthini in Mzimba as he said was not consulted.
Consequently, division rocked which eventually followers of Reverend Mhango broke away from Kanengo church to Lilongwe Teachers Training College (TTC) where it used the facility as a prayer house but still using the Synod’s properties.
The born of the contention rose when members of the breakaway faction of Kanengo congregation refused to hand over the properties including church buildings, its contents and bank accounts to the Synod which body wanted to have a control over them.
