Johannesburg - Battles over the legitimate leader of the Ebuhleni Congregation of the Nazareth Baptist Church, better known as Shembe Church, will continue to rage in the foreseeable future.
This became apparent on Tuesday as the Constitutional Court heard arguments in the appeal application brought by Nkosi Mduduzi Shembe, who claimed leadership.
The apex court reserved its judgment, but it was clear during the hearing that once delivered, the ruling will not resolve Ebuhleni’s decade-old succession strife. Justices of the Braamfontein-based court will rule on whether or not the Supreme Court of Appeal (SCA) overlooked prescripts of the church’s trust deed.
Mduduzi put up the argument that the SCA overlooked the trust deed, which he maintained required a dead leader to leave behind more than one name for successor nomination.
The trust deed was adopted in 1935, when Isaiah Shembe founded the church.
The SCA’s December 2019 ruling effectively crushed Mduduzi’s leadership claim.
He had sought to convince the courts that Vimbeni Shembe, the leader of Ebuhleni who died in 2011, orally nominated him for succession.
Vimbeni was Mduduzi’s father. But written evidence before the courts showed that Vimbeni nominated his cousin, Vela Shembe, who died in 2017, to take over the reins.
Two letters Vimbeni left with his lawyer, Zwelabantu Buthelezi, convinced the SCA to rule against Mduduzi.
In the first letter drafted in 2000, Vimbeni expressly stated that he “nominated and recommended” Vela for appointment as titular head of Ebuhleni “after my death”.
Buthelezi received a second letter in 2011, just days before Vimbeni died. Vimbeni reminded his trusted lawyer of his chosen successor.
“Should I die, please introduce him to the church during my funeral as the leader of the Nazareth Church. That man is Vela Shembe,” it said.
Radhakrishna Choudree SC, arguing for Mduduzi, told the apex court the trust deed had answers for resolution of the church's succession strife. It would allow pastors and reverends to make a choice from names of potential new leaders, Choudree said.
Archie Findlay SC, opposing on behalf of Vela’s camp, disputed that the trust deed applied to Ebuhleni. He said it only applied to Ekuphakameni, the original headquarters of the Shembe church.
Ebuhleni was a result of a splinter from Ekuphakameni in 1999.
Choudree and Findlay agreed on one aspect: that the dispute looked set to continue even after the ruling of the apex court given that Vela was dead.
“It’s unfortunate there’s going to be more litigation awaiting in other courts and this court can just join the queue,” Choudree said. “It is something that the court should be alive to as well.”
Findlay said the new round of court tussles could involve Phinda Shembe, who claimed Vela, his brother, chose him to take over the reins.
“That unfortunately may or may not have to go to further litigation. Was he properly nominated by Vela Shembe? If he was, is he in fact the true leader or must some other body apply?”
The Star