COMMERCIAL & CORPORATE LAW

Is the church a statutory body in Zimbabwe?

The Government of Zimbabwe does not recognise the church as a statutory body. Neither the State nor the court can regulate what is essentially a religious function nor determine whether someone is morally or religiously fit to carry out a spiritual or pastoral function. see R v Chief Rabbi of the United Hebrew Congregation of Great and Commonwealth, Ex Parte Wachmann [1993] 2 All ER 249 at 255. Resultantly in Zimbabwe, churches are non-statutory bodies. This however, does not mean that churches are above the law. Non-statutory bodies, such as the church in Zimbabwe are still required to conduct themselves in terms of the laws of Zimbabwe and ensure procedural fairness, subject to its own rules and regulations. see Hendricks v The Church of the Province of Southern Africa, Diocese of Free State [2022] ZASCA 95.

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