Published by the government of Zimbabwe
17 November 2008
Harare — AN acrimonious religious war between the Johane Masowe weChishanu apostolic sect members and a chief in Mt Darwin has spilled into the courts after the traditional leader barred sect members from worshipping in his chiefdom.
Chief Clement Nembire is alleged to have threatened death to all members of the sect led by Madzibaba Reuben Tapedza if they continued to defy his orders.
But the sect has hit back, accusing the chief of violating their right to freedom of religion and worship as guaranteed in the Constitution of Zimbabwe.
On the other hand, Chief Nembire insists that the sect's forms of worship are at odds with the traditional norms and values of his chiefdom regarded by some villagers in the area as sacred.
The fight, which reached a climax two months ago, spilled into the High Court with the sect suing the chief, arguing they had a right to peacefully exercise their constitutionally guaranteed right of worship and to religion.
In an application filed last week at the High Court, the sect is seeking an order restraining Chief Nembire from evicting its members from their homes or dispossessing them of their agricultural land, if they continued to pray in his area.
The sect also wants an order blocking the chief from discriminating against its members on the basis of their religion and beliefs.
However, the court has ruled that the application was not urgent.
The dispute first came to light in January 2007 when Chief Nembire protested against the sect's practice of barring their children from school and seeking hospital treatment in addition to marrying off under-age children. The sect denies the allegations.
But it agreed that all children had the right to education and heath care and should be protected from abuse, including any of a sexual nature, and that should any among them be guilty of any crimes against children, they should be reported and prosecuted.
However, Chief Nembire went on to bar the sect members from carrying out any activities to do with worship in his chiefdom.
The chief went as far as fining Madzibaba Reuben 11 goats, while its members, who comprise between 350 and 500 families, were to ordered to pay Z$16 000 each, which fines were all paid within a month.
Despite complying with the chief's order, the sect members were only able to continue with their right to worship after seeking the intervention of their then Member of Parliament.
In his affidavit, Madzibaba Reuben claimed problems resurfaced on October 9 this year when Chief Nembire summoned them to his court and demanded to know why they had resumed their prayers in defiance of his order.
On October 21, Madzibaba Reuben said Chief Nembire assigned some youths to destroy the sect's altar and place of worship.
On the same day the sect lodged an urgent application at the High Court seeking a provisional and final order stopping the chief from harassing its members and interfering with their right to religion.
But the court ruled that the application was not urgent.
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