Court rules in Malasa’s favour

Embattled Anglican Diocese of Upper Shire (Adus) Bishop Brighton Malasa yesterday got a relief after the High Court in Blantyre dismissed a case in which executive committee members of St George Parish in Zomba sought an order restraining him from transferring their priest.

The members were further seeking an order restraining Malasa from prohibiting all Anglican priests and bishops, including the current resident priest, from administering at the church.

The disgruntled members argued in their submission that Malasa’s decision violated their constitutional right and freedom to worship.

However, Malasa, through his lawyer Wanangwa Hara, asserted that he was not the proper party to the matter as he made the decision on behalf of the diocese which was a corporate entity incorporated under the Trustees Incorporation Act and is capable of suing and being sued.

In his ruling yesterday, Judge Mike Tembo sided with Malasa, stating the court was failing to appreciate why the members sued Malasa who is a bishop of an incorporated church that had a legal personality of its own.

“In the circumstances, this court agrees with the defendant that he was wrongly sued as a party to this matter. It is not necessary, as a matter of law that the defendant answers to these proceedings… For this reason, the present proceedings are dismissed,” reads part of the ruling.

The judge said it was clear the issue that led to Malasa’s decision was the members’ failure to accept to remit quota as required under the Acts of the Diocese.

“The purpose of the quota, a financial contribution by the diocese faithful, is to cater for the stipend of the resident priest. The claimants [members] and St George church have not been remitting quota to the diocese,” it reads.

Reacting to the ruling Hara said he was delighted with the outcome of the court as it vindicated his client’s assertion.

But on his part, counsel for St George Parish executive committee members Peter Minjale said he would only comment after consulting his clients.

Bishop Malasa has been under fire since last year when over 35 of the diocese’s 41 parishes demanded his immediate resignation for, among other things, alleged abuse of funds and greed.