POPULAR CHURCH WANTS REGIONAL EXECUTIVE REMOVED

MBABANE – The AEC and its Board say the term of office of the regional executive committee of the church has lapsed and it should be removed.

The Africa Evangelical Church (AEC) is described as a religious organisation established in terms of its constitution, which was adopted in July 1962. Its denominational head office is in Pietermaritzburg, South Africa. The main branch in Eswatini is in Mbabane. The regional executive committee members are the Chairman, Terrence Mthethwa, Vice Chairman Petros Nkambule, Secretary Andrew Dlamini, as well as the members; Kenneth Mabuza, Sabelo Damoi, Edward Nhambosse and Maphikelela Dlamini. They are the applicants in the matter.
On the other hand, the Africa Evangelical Church (Pty) Ltd is described as a not-for-profit company, in terms of Section 17 of the Companies Act of 2009.

It is registered in terms of the company laws of the Kingdom of Eswatini and its principal place of business is in Mbabane. It is the first respondent in the matter. Others are the Board chairperson, members Sipho Maseko, Bheki Zwane, Mgcini Shongwe, Tfobile Gumede, Mandla Ngwenya, Joseph Mntjali and Norman Hlatshwayo.    The Board has instituted urgent proceedings at the High Court against the executive committee. They want the court to discharge the interim order of April 8, 2022, on the strength of which the executive committee has remained in office to date, despite its term of office having come to an end two years ago.

The Board also wants the court to hold that the executive committee’s term of office has been terminated or come to an end by the effluxion of time in terms of the constitution.
It further prayed that the applicants be declared to be no longer in office as the executive committee of the church in terms of the constitution, as their term of office has come to an end.
Alternatively, the Board seeks an order that it (Board) took a resolution that all matters pending before court should be removed. The Board is represented by Mxolisi Dlamini of Dynasty Inc. Attorneys, who told the court that the obtaining situation is such that both parties are organising the upcoming regional conference.

Election

Mdumiseni Dhlamini of S.V. Mdladla and Associates, represents the respondents. The AEC President, Meshack Dladla, said in terms of the constitution, the second to eighth applicants (Mthethwa, Nkambule, Andrew, Mabuza, Damoi, Nhambosse and Maphikelela) should have been in office for a period of three years, after their election. Dladla said elections were held from August 28 to 29, 2019, at Mbuluzi. He submitted that as per the constitution, the applicants’ term of office was to come to an end in June 2022. “In June 2022, when their term of office was to come to an end, the church Board took a decision to extend the executive committee’s term of office to June 2023. This was essentially due to the COVID-19 pandemic, which rendered the year 2020 unworkable, due to lockdowns and other limitations imposed by COVID-19 regulations.

“It then appears that there was a power struggle between the second to eighth applicants and the respondents on some internal issues. This then resulted in the respondents suspending the second to eighth applicants from office. The second to eighth applicants, were then unhappy with the manner in which they were suspended and on April 7, 2022,” the church president told the court. The veracity of these allegations is still to be tested in court.

He said the second to eighth applicants approached the High Court, seeking certain orders, including declaring their suspension as irregular and contrary to the constitution. Dladla said when the matter was called in court, the parties agreed to the setting aside of the dissolution of the executive committee, as an interim order. On March 18, 2023, the church Board visited Eswatini and held a number of meetings. According to Dladla, in particular, the Board expressed concerns over the Regional Executive Committee’s defiance of the church’s instruction to withdraw the case under Case Number 646/2022.The Board consequently resolved to facilitate the withdrawal of the application under case number 646/2022, the court was told. “Also, it was agreed that, the then regional executive be dissolved and that they assist in the transition leading up to the election of a new executive committee.

Resolution

“This included the handing over to an interim executive committee among other things. True to that, the second to eighth applicants confirmed in writing their willingness to comply with the Board’s resolution.  “On May 10, 2023 and in a summersault conduct, the second to eighth applicants, and against the resolution taken, they instituted proceedings under case number 1027/2023,” Dladla submitted. Among other prayers, they sought to review and set aside the decision to dissolve the AEC Executive Committee and have an interim executive committee elected as arbitrary, ultra vires and irrational.

On August 17, 2023, Judge Justice Mavuso ordered that the removal of the applicants was stayed pending finalisation of the matter. According to Dladla, the matter that was before Judge Mavuso has since been completed. “The second to eighth applicants’ term of office has since come to an end in terms of the constitution of the church. The said second to eighth applicants derived their power from the constitution, which stipulates the period on which they should be in office. “The operative words in the interim court order issued by the court on April 8, 2024, were that pending the determination of prayer 3, the said applicants are not to be removed from office.

“This, however, does not extend to them continuing in office beyond the time allocated for them to be in office for three years. Constitutions are the cornerstone of every organisation and it is based on it that it defines the roles and objectives of that organisation. Similarly, the first applicant has a constitution which details a variety of roles, including when members are elected into office and the period thereto,” Dladla submitted.

He argued that the term of office of the applicants has lapsed and, therefore, they have to be removed from office because their time has come to an end. According to Dladla, it is then that the Board has approached the court to have the interim order (that saw the executive continue in office) discharged. Dladla pointed out that the applicants’ term of office has since lapsed by effluxion of time and they can no longer run the affairs of the church. Dhlamini said they will respond to this application accordingly. The matter is pending before Judge Bongani Dlamini.

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