The leader of Nazareth Baptist Church’s biggest faction, Mduduzi Shembe, has clobbered his rival Phinda in the latter’s latest legal battle to take total control of South Africa’s second-biggest church.
Sunday World can exclusively reveal that the Supreme Court of Appeal has refused to hear Phinda and his disciples’ application to appeal the Durban High Court’s dismissal of their application to interdict
Mduduzi from presenting himself as the leader of the church’s Ebuhleni wing.
Phinda was cited as the first applicant, while his secretary Chancey Sibisi and the church, which is commonly known as the Shembe Church, were cited as the second and third applicants, respectively.
Mduduzi, Mqoqi Ngcobo and Mbongwa Nzama are the first, second and third respondents,respectively.
According to the papers Sunday World has seen, Phinda had initially approached the KwaZulu-Natal-based court, where he applied for a court order to bar Mduduzi from presenting himself as the leader of the church.
Phinda also sought an injunction to stop Mduduzi from convening and presiding over any religious ceremonies conducted or purported to be so conducted under the auspices of the Ebuhleni wing. He also wanted Mduduzi to be prohibited from wearing regalia designated for the leader of the church, pastors, and evangelists.
“That the respondents are interdicted and restrained from engaging in the administration and financial affairs of the church in any manner or form except for the accounting and debating of such account for the purposes of handing over the leadership of the third applicant.
“That the respondents are interdicted and restrained from obstructing or preventing the first applicant and his followers from entering and remaining upon the property of the third applicant situated at Ebuhleni, including the temples and palaces located thereon,” read the papers.
Phinda also wanted to prohibit Mduduzi from interfering, disrupting, or in any manner preventing him from performing any of his duties or activities as the leader of the church during any service, ceremony, meetings, or gathering conducted on the church premises at Ebuhleni.
“That the respondents are interdicted and restrained from formally or informally starting or establishing any organ or church purporting to have any affiliation with the third applicant and have any authority to carry out its actions,” read the papers. And if he wants to remain in Ebuhleni, said Phinda,
Mduduzi should do so but return to the residence known as “the parliament”, located on the church premises.
He also wanted an order forcing Mduduzi to vacate the administrative buildings and refrain from removing any of the church’s movable assets from its premises at Ebuhleni.
In the founding affidavit, Phinda said Mduduzi occupied the church’s headquarters
after the funeral of the late Mbusi Vimbeni Shembe and purported to act as the leader of the church. This despite Vimbeni nominating Vela to take over the reins. Mduduzi was taken to Durban High Court by Vela, who successfully challenged his ascendancy to the throne.
According to Phinda, the court affirmed Vela as Vimbeni’s successor. Mduduzi appealed but was refused leave to appeal on October 23, 2017 by the KwaZulu-Natal High Court in Pietermaritzburg.
Mduduzi appealed further to the Supreme Court of Appeal, and such appeal was dismissed on December 2, 2019.
He then sought leave to appeal to the Constitutional Court but was unsuccessful.
On December 4, they ordered him to leave the property, but he refused.
Vela nominated Phinda as his successor prior to his passing and ordered Mduduzi to cease and desist from conducting himself as the church leader and titular head of the church.
He ordered him to refrain from obstructing Phinda and his followers from entering and remaining upon the property and deliver up documents relating to the church’s revenue and assets.
In his opposing affidavit, Mduduzi said he is the son of the late Vimbeni, who passed away on March 28, 2011. He stated that Vimbeni lived at the Ebuhleni, and as his son, he considered the property his home.
He disputed Phinda’s right to access the church’s finances. He also asserted that Phinda had access to another church building.
The appeals court, in a judgment delivered on September 19, dismissed Phinda’s application. “The application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard,” reads the judgment.
