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The use of Alternative Dispute Resolution to resolve church disputes in Zimbabwe

The 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.

In Luke 12:14 – 15, Jesus Christ acknowledged arbitration which is a form of alternative dispute resolution. He said, “Man, who appointed me to be a judge or an arbitrator between you? “Who appointed me to be your judge or to divide your inheritance?” Furthermore, 1 Corinthians 6:1- 8 posits that where members of the church have differences or grievances against one another, is it not prudent for them to go to secular courts for redress. The scripture encourages the church to amicably resolve their disputes.

The existence of a church constitution, deed of trust or canon etc., is testimony to the fact that the church and its members agree to be bound and guided in their behaviour as individuals or office bearers in respect of church matters and to be bound by the constitution and the canons made under its authority, which may include alternative dispute resolution of church disputes. Where there is a dispute resolution clause in a church constitution, the courts will give effect to it. This also includes internal disciplinary matters as was the case in De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being & Another 2015 (1) SA 106 (SCA); [2015] 1 All SA 121 (SCA).

In conclusion, church disputes are quintessentially the kind of dispute that secular costs should avoid becoming entangled in, as secular judges may lack familiarity with ecclesiastic law or church doctrine. In the case of De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being & Another 2015 (1) SA 106 (SCA); [2015] 1 All SA 121 (SCA) the Supreme Court of Appeal upheld an alternative dispute resolution clause in a church constitution, to resolve a dispute.