ARBITRATION

The Law on Church Disputes in Zimbabwe – Things You Need to Know

There are various congregations and denominations in Zimbabwe which are engaged in promoting the spread of religion. These ‘associations’ are known as churches which more often than not have various consistories and branches through the country. In most instances, the administrative functions of the church are conducted by elders and deacons or other functionaries.

Disputes are a part of life and churches are not exempt. It is for this reason, that it is important that religious institutions have in place a Constitution which sets out the process and procedure for dispute resolution.

The Supreme Court of Zimbabwe in Church of the Province of Central Africa v Diocesan Trustees, Harare Diocese 2012 (2) ZLR 392 (S) 410A-B held that:

  • By definition, a church is a voluntary and unincorporated association of individuals united on the basis of an agreement to be bound in their relation to each other by certain religious tenets and principles of worship, government and discipline. The existence of a Constitution is testimony to the fact that those who are members of the Church agree to be bound and guided in their behaviour as individuals or office-bearers on ecclesiastical matters by the provisions of the Constitution and the Canons made under its authority.

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