
COMMERCIAL & CORPORATE LAW
In Church of the Province of Central Africa v Diocesan Trustees, Harare Diocese 2012 (2) ZLR 392 (S) it was held that a person who is responsible for the creation of a schism cannot be heard to say that he or she has not withdrawn membership from the former church. Thus, where a bishop, priest, elder or deacon who is charged with the offence of schism is found guilty by the church, the only sentence that can be imposed by the church is excommunication.
Schism is the secession of a group owing to doctrinal, disciplinary differences or the separation of the church into two or more churches. Thus, in Zimbabwe secession has been equated to schism and unilateral declaration of independence. see Sibanda & Another v Apostolic Faith Mission of Portland Oregon (Southern African Headquarters) Inc 2018 (2) ZLR 80 (S).
The history of schisms in Zimbabwe was narrated in the case of Independent African Church v Maheya 1998 (1) ZLR 552 (H) as follows:
“Even at birth, the Christian Church experienced a great schism…It came about when a convert of the early church, Paul, adapted Christianity to meet the needs of all mankind and freed it from the local and national parameters…
Another schism which took place in early times was the Reformation. The growth of national consciousness in medieval times in part motivated the great conflict the Catholic Church and Protestantism. The spirit of nationalism could not accommodate the claims of the papacy, a non-national authority, to moral dictatorship. This schism has raged for centuries and continues to this day…
In like vein, the spirit of freedom radiated by the advent of democratic government in Zimbabwe in 1980 precipitated a rapid growth of independent churches in Zimbabwe. I use the word “independent” to denote churches with no association or affiliation to the established churches.”
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