Duma Boko takes on ZCC

04th September 2017
IN COURT ACTION: Duma Boko Source:The Midweek Sun

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By Kemoreilwe Jimson - Reporter


Zion Christian Church (ZCC) is fighting hard to bar one of its members, Josta Isaac from being enjoined in a constitutional case the church is currently embroiled in with 11 ‘wayward’ members of the Tlokweng church branch. The matter is before Gaborone High Court Judge, Michael Mothobi. Isaac is represented by Advocate Duma Boko who argues that his client has the constitutional right to protect his interest as a member of the church.

This comes after Isaac applied as a friend to the court when the case started 19 months ago. Attorney Uyapo Ndadi is representing the 11 members who are challenging the way the church is governed in Botswana. He argues that Isaac is abusing the court process and only advancing his personal interests. “The applicant has always been aware of this proceedings and he could have applied to be a joiner.

This is abuse of court process and he does not have a right to be in this proceedings because he is not a member of the church as he is suspended,” argues Ndadi. And Advocate Boko agrees with Ndadi that his client is advancing the case because of personal interest. According to Boko, who maintains that his client is a good member of the church, he cannot sit back and watch parties claiming to protect his interest.

The attorney representing Bishop Lekganyane and the church from South Africa, Advocate Soraya Hassim had earlier accused Boko’s client of trying to defend the church while he is not a member. The 11 members are arguing in the main application that ever since 2009 no Annual General Meeting has been held 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 annual general meetings on a yearly basis or at all as provided for by the ZCC Constitution; appointing a Minister since July 2009; appointing the executive Council in accordance with the Constitution; putting in place structures such as the property committee; and that the church and its leader should be ordered to correct these anomalies.

Earlier this month the church suffered a setback after being ordered not to hold disciplinary hearings against the 11 ‘wayward’ members. The 11 disgruntled members of Tlokweng Branch had taken the church before Lobatse High Court to interdict it from taking disciplinary hearing against them after they challenged the way things are done in Botswana. Lobatse High Court Judge Nthomiwa Nthomiwa agreed with the Applicants that they have made a case and interdicted the church and its leader and restrained them from holding any disciplinary hearing against them in terms of the Notice to Attend a Disciplinary hearing dated 20th November 2015, pending the outcome of their case before Justice Mothobi.




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