Some members of Zion Christian Church (ZCC) in Botswana have this week dragged the church together with its Bishop Barnabas Lekganyane before High Court for breaching the church constitution.
According to court papers seen by Weekend Post, the church members basically seek the court to declare that the church have violated their governing constitution and further to compel them to comply with it.
The church members being Tshiamo Tladi, Khumo Gaorengwe, Mogomotsi Bogosi, Stanley Lejone, Daniel Mathibe, Lesetse Koothawo, Mmusi Moeng, Mmatli Lopale, Lebogang Bose, Faneck Bareki and Tony Joseph contend categorically that whereas the constitution is a supreme governing document binding the church and its members – it is however continuously dishonoured.
“The church members (applicants) have come to court contending that the church is not living up to the dictates of its constitution and set out fully the circumstances that show that the church is wanting, in its compliance with its constitution,” the 11 church members state in the court papers before Justice Michael Mothobi of Gaborone High Court.
For example, they allege that since the constitution was adopted in 2009, there has never been an Annual General Meeting (AGM). They also contend that the church, much against the constitution, has since 2009 failed to appoint a Minister to run and head the church in Botswana.
According to the court papers, the church members also contend that the power to appoint the Executive Council rests with the Minister. However, they assert that since the church has never appointed anyone to this position, then the Executive Council unconstitutionally came to being.
“They further contend that the church is operating without putting in place some of the structures it undertook to have in place. For instance, Clause 27 provides for the Women’s Committee and Clause 28, provides for the Property Committee and these committees are not in place and have never been in place,” they state.
The Applicants have also submitted that as members they are entitled to participate and vote at AGM and in the absence of any such meeting they are consequently deprived of the opportunity to shape the direction of the church.
“The Applicants also contend that they do not know how church monies are used as financial accounts are not presented at any AGM as there is no AGM.”
The 11 church members maintain in court papers that the legal rights infringed vary from denying the members the opportunity to vote at AGMs by not holding any AGM, and Section 2 of the Church’s Constitution shows that the church is a church of members, and not just one person.
According to the ZCC members, the failure to hold AGM’s tempers with the governance of the Church and with the opportunity for the members to input in the shaping of the church’s future. In addition they say it also limits transparency in relation to the Church’s financial standing.
“The failure to appoint a Minister has stagnated the existence of a lawfully appointed Executive Council which is only to be appointed by the Minister. The failure to appoint such a Minister has left unanswered question on the members of the Botswana church, which uncertainty has left the church in a state of crisis. As a result of this, the Church is being run from the outside as no one is clothed with ministerial powers in Botswana.”
According to the papers, in terms of the Clause 13.1 (a) of the church Constitution, the Minister is vested with the power to appoint an Executive Council for running of the Church. The 11 members insist that: “as the Minister has not been appointed, it is unclear who appointed the current Executive Council, hence our submission that the existing Executive Council is not properly in office and has been appointed unconstitutionally.”
Bearing this in mind, they submit that the past decisions made by the current Executive Council be reviewed as they came into office unconstitutionally.
Under the Constitution, they say provision is made for the establishment of certain committees which, to date, have not been created. It is in the interest of the member of the Church that these committees be established in the interest of the growth and maintenance of the Church, they posit.
“We accordingly submit that the ZCC members before court have shown that their rights have been violated and that the reliefs they seek are justiciable. The prejudice suffered as a result of not holding AGMs, appointing a Minister and some structures has also been adequately explained. Eg, no accountability, no clear leadership and no structures in place to deal with fundamental issues affecting the church membership.”
This being said, the members explain that the next logical step would be to seek an order before this Honorable Court that a new Council be appointed. Stemming from this, they also emphasise that another logical step would be to seek an order that all the decisions made by the current Executive Council be subject to review, not by the court but by the church itself.
ZCC failed to file heads of argument to respond and instead wanted to deal with the points of law. The parties agreed to and drafted a consent order while the arguments in the matter were postponed after August since a new case was filed and therefore needed to be attended first.
Church member files new application saying constitution in question is fraud
Church member, and a lawyer has filed a new application stating that the 2009 constitution currently in use by local ZCC – and the subject of the dispute – is just a fraud and was not duly registered at Registrar of Societies.
He stated that the constitutional violation matter does not therefore hold water as it is based on an “illegal constitution.” According to Jost Isaacs in his head of arguments, the 2009 constitution is not valid nor authentic while the 1994 one is the one presently applicable.
The parties will argue the matter of authenticity of the constitution first on 19th August 2016 before the one on its violation.
ZCC was represented by South African Advocates Soraya Skhassim (SC) and Lenette Pillay while attorney Uyapo Ndadi stood in for the other 11 church members.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.