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When can the courts interfere with church matters?

The general rule in Zimbabwe, is that churches are left to conduct their affairs according to their constitutions and rules of association. Put differently, the courts in Botswana, Eswatini, Lesotho, Namibia, South Africa and Zimbabwe are slow to interfere in matters of religion or ecclesiastical government. see Motaung v Makubela & Another NNO; Motaung v Mothiba NO 1975 (1) SA 618 (O). It is not the function of the State nor of the courts to prescribe doctrines or religious tenets to any religious or ecclesiastic organisation.

Section 60(1) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 guarantees full freedom of worship and religion, for as long as it is done within the precincts of the laws of Zimbabwe, and with regards to the rights and freedom of others. Resultantly, the formal courts in Zimbabwe generally do not want to interfere at all in such arrangements. However, where, for example, the criminal laws of the country are being violated or the members of the church are being unfairly discriminated against or the very constitution or rules of association are being violated, it is inevitable that the courts with interfere with church matters in Zimbabwe. see Munerwa v Reformed Church in Zimbabwe; Chikwakwata & Others v Reformed Church in Zimbabwe 2017 (2) ZLR 263 (H).