wfn.org | Letter from the Church of the Province of Central Africa

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Letter from the Church of the Province of Central Africa

Posted On : September 4, 2009 12:44 PM | Posted By : Webmaster
ACNS: http://www.aco.org/acns/news.cfm/2009/9/4/ACNS4649
Related Categories: Central Africa

The Church of the Province of Central Africa has asked that the
following letter from the Dean of the Province be circulated by ACNS:

It is with increasing concern that we, the Bishops of the Anglican body
of the Church of the Province of Central Africa (CPCA) note the
ongoing involvement of the Law Courts in Zimbabwe in respect of numerous cases instituted about
the status of Nolbert Kunonga vis-à-vis the CPCA and his rights to our
property.

We are not alone in expressing concern.   The Council of Anglican
Provinces in Africa (CAPA) voiced their astonishment at a meeting held
in Alexandria, Egypt, in February 2009 and recorded their earlier views,
stating:

"As representatives of the Anglican Communion, we re-iterate that we do
not recognise the status of Bishop Norbert (sic) Kunonga and Bishop
Elson Jakazi as bishops within the Anglican Communion, and call for the
full restoration of Anglican property within Zimbabwe to the Church of
the Province of Central Africa".

This statement reflects the true and lawful position.  It also echoes
the sentiments of the Anglican Communion worldwide, members of whom are
frankly shocked by the conclusions and decisions given in some of the
judgments of the courts in favour of Kunonga, a man who has abandoned
the Anglican faith and the CPCA.  It would seem a few of the learned
judges (and magistrates) are either under some misconception or
unwittingly ignore the true situation.

We have therefore deemed it appropriate to draw attention respectfully
to the following in order to put beyond doubt the factual, legal and
ecclesiastical position:-

1.	The CPCA is a multinational body covering Botswana, Malawi,
Zambia and Zimbabwe, whose laws are transnationally binding upon its
members.

2.	Its laws, like those of any other similar organisation, are not
available to be used by any person who is not a member of the body of
the CPCA.

3.	Likewise, its property and assets, like any other similar
organisation, belong to it and cannot be usurped, removed or unlawfully
used by anyone outside its membership.

4.	The Diocese of Harare (the Diocese), its property and assets,
form an integral, permanent part of the body of CPCA, as do all the
other dioceses and their assets in the Province.

5.	The CPCA laws call on bishops, before taking office, to swear
that they will be bound by, and govern their diocese in conformity with
the laws and canons, Acts and other regulations of the Province and
their diocese.

6.	On the 21st September 2007, Nolbert Kunonga willfully broke his
canonical oath and unilaterally, formally and intentionally chose to
break away and cut all ties with the CPCA.  He had irrevocably exited
from and would have nothing more to do with us.

7.	His departure and cessation of membership was noted and accepted
by the CPCA.

8.	The result of his action was that he not only forfeited his
membership and had no status nor rights within the CPCA but also ceased
automatically to be a member of the Worldwide Anglican Communion.  More
than that, he was no longer an Anglican Bishop and therefore there was a
vacancy in the See of the Diocese.  Anglican officials and Anglicans
throughout the world acknowledged that this is the situation.

9.	We wrote to Nolbert Kunonga to vacate our property and assets in
the Diocese and make them available to us.  He ignored our request.  He
still uses the property, assets and money of the Diocese for his own
purposes.  In our respectful submission, Nolbert Kunonga is acting as a
trespasser on our property and his undoubtedly unlawful use of our funds
and assets is tantamount to theft.  And his claim to be bishop of the
Diocese is a deliberate misrepresentation amounting to falsehood as is
his claim to be an Anglican.

10.	Instead of withdrawing peacefully and without demur, Nolbert
Kunonga and a few non-Anglican collaborators commenced a programme of
sustained threats, intimidation and assaults on members of the CPCA,
depriving them of access to worship in the parish churches or even on
the premises of the Diocese.

11.	By breaking away from the CPCA, Nolbert Kunonga committed the
act of schism.  To underscore this, Nolbert Kunonga, on the 15th March
2008, formed his own church.  He proclaimed himself Archbishop of his
organisation and appointed 4 or 5 non-Anglican colleagues as bishops.
This defiant move of Nolbert Kunonga is a classic case of schism;
entering into membership of a (presumably) religious body not in
communion with the CPCA.  Thus he has overtly given his allegiance to an
organisation separate from and not recognized by the Anglican Communion.

12.	To put the position of Nolbert Kunonga firmly into an
unmistakable category after he declared the formation of his own church,
we let it be known on the 12th May 2008 that his status is that of a
person excommunicated from the CPCA and the Anglican Communion
throughout the world.

We find it incredible that the establishment of his own church by
Nolbert Kunonga does not seem, with respect, to resonate in the minds of some of the learned
judges in Zimbabwe hearing the cases before them on Nolbert Kunonga.
Surely, the existence of  his own organisation must put beyond all possible doubt
the fact the Nolbert Kunonga as a result of his own actions and behaviour cannot
lay claim to any right to be a bishop in, and have control over, property of the CPCA in the
Diocese.  He has now made himself Archbishop of an organisation in opposition to and not
recognized by the CPCA.   He would have had a conflict of interests if he had not
already given up membership of the CPCA.

> From a theological point of view a judgment cannot interfere with faith
which is controlled by an individual's conscience.  Faith cannot be tested
overtly nor imposed upon a person by a court order.  This is why in
the Anglican Church laws have been specially promulgated to facilitate the propagation by priests and
others of the Christian faith.   Those persons who choose to be
Anglicans willingly, subject themselves to the faith, worship,
teachings, format and rules, fellowship, mutual support, the
proclamation of the Gospel and the care of God's people in love and
faith as prescribed in our Canons, Acts and other laws.  These are
spiritual andecclesiastical aspects outside the scope of the Common Law
Courts.  Nolbert Kunonga withdrew his membership from this organisation
voluntarily.  But this does not give him, nor the courts, the right to
insist that CPCA members must follow him and change their faith and
allegiance to the CPCA.  No one has the right to restrict, prevent or
prohibit Anglicans from worshipping in their Churches of the Diocese as
they have done peacefully and respectfully for many years.

We now earnestly seek your kind consideration of the above facts and
comments and are emboldened, by the worldwide support we have
received, to believe the only conclusion you can reach is that -

A.  	Nolbert Kunonga is not a member of the CPCA; is not an Anglican
bishop in the Diocese; and has no right to occupy or use the Anglican
assets in the Diocese; and B.	Nolbert Kunonga has elected to become
Archbishop of an organisation he has formed and which is not recognised by the Anglican
Communion Worldwide; and he has been excommunicated from the CPCA and
the Anglican Communion internationally;     and

C.	The CPCA is an organisation not confined to Zimbabwe but is
transnational and recognized internationally;      and

D.	In view of all of the above, the civil courts have no
jurisdiction to deal with issues pertaining to the status of Nolbert
Kunonga vis-à-vis the CPCA and the Anglican communion and, in any event,
Nolbert Kunonga has no locus standi to be a party to pleadings in any
civil court because, by his own admission, he has abandoned and severed
his links with the CPCA and formed his own church which is a separate
entity in no way connected to the CPCA.

To bring this epistle up to date, we have pleasure in announcing that,
to international acclamation and in accordance with the laws of the
CPCA and other ecclesiastical laws, Dr Chad Nicholas Gandiya, having been  duly
elected in June 2009, was consecrated and ordained within our Province as an Anglican Bishop
recognized worldwide on the 26th July 2009.   The ceremony was witnessed by numerous
bishops and well over 10,000 others who were in attendance.  He was enthroned on that
same day in the See of the Diocese of Harare.

After Nolbert Kunonga had left the CPCA and the Diocese and until this
momentous enthronement of Bishop Gandiya occurred, Bishop Dr.
Sebastian Bakare had acted as caretaker Vicar General/Bishop of the Diocese of Harare from November
2007, a role he filled with distinction and success.  Bishop Bakare
had been called upon to administer pastorally and otherwise after Nolbert Kunonga left the Diocese
effectively on the 4th August 2007.

We, the Bishops of the CPCA, hereby draw to your attention yet another
application just launched by Nolbert Kunonga.   Although he has
nothing to do with, and disassociated himself from the CPCA and formed his  own
church/organisation, in his latest application he asks the honourable High Court in Zimbabwe to
set aside the consecration and enthronement of Bishop Chad Nicholas Gandiya as the
Bishop of the Diocese of Harare and for the court to pronounce that he, Nolbert
Kunonga, is still bishop of that diocese!

We re-iterate our firm belief that Nolbert Kunonga has no locus standi
to appear before, and be recognized by the courts.  It is our strong
contention that the courts in Zimbabwe have no jurisdiction to interfere with the procedure
and decisions legitimately made by the transnational CPCA.   We trust
that the application will be dismissed on these grounds.

Such a decision will remove the strong perception held by us and most
interested persons, locally and internationally, namely that the
honourable Courts in Zimbabwe appear to be minded for reasons best known
to themselves, to ignore the lack of status of Nolbert Kunonga and the
question of jurisdiction and to presume to rule upon the internal,
domestic, spiritual, theological, administrative and Church affairs of
the CPCA.

We sincerely call upon the courts to heed our concerns so that the
chapter on the behaviour and demands and absence of status of Nolbert
Kunonga in the Anglican Church can finally be closed.

Dated on this, the 1st day of August in the Year of Our Lord 2009.

The Rt Revd Albert Chama

DEAN OF THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA

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