Banned pastors not Anglican Church employees - Mwamba

In an answering affidavit to the court case the pastors have lodged against the church, Mwamba outlined the church rules that empower him to make decisions. 

'The applicants are not employees of the Anglican (first respondent) and for the applicants to allege that they have been dismissed from employment is incorrect,' he said in his affidavit. The dismissed pastors - Aubrey Molatlhwe, Botshabelo Beleme, Moreri Leteemane, Mooketsi Supra Mokgatlhe, Paul Beleme, Esau Mosima, and Patrick Ncaagae - have made an application to the High Court in Lobatse challenging their dismissal from practising as pastors in November last year.

Mwamba said that the church provides the framework for the pastors to work for God as they are persons called upon to take up their positions 'by God and they serve and offer up their lives to God'. 'The applicants are servants of God and their duties are defined and activities dictated by conscience and not contract. I respectfully say that for the applicants (pastors) to equate themselves to the position of an employee is misplaced,' Mwamba said in his affidavit. He further revealed that Pastor Paul Beleme is an employee of the Ministry of Works and Transport. 

The prelate explained that he revoked the licences of the pastors as empowered by the Acts, Canons and Constitution of the Anglican Church. 'I was further entitled to do so in terms of each applicant's Letters of Institution,' and stated 'the reasons for the revocation of the licences are clearly spelt out in each of the letters of revocation but for purposes of the present application it is unnecessary to debate the reasons thereof'. 
Mwamba said that he was not obliged to hold a hearing before revoking the licences of the pastors and that he was only obliged to refer any objection to a commission. The pastors were given a chance to nominate one of them to sit on the commission to conduct the hearings but they refused, stating that they would not attend any commission and consequently 'it is not possible for a commission to sit given the attitude adopted by the applicants'. Mwamba said that the pastors were informed about the sitting of the commission on January 31 and February 1 to deal with their objections of the revocations of their licences. However, they had already made up their minds that they were going to court hence they refused to nominate a pastor to sit in the commission.

The Acts, Canons and Constitution of the Anglican Church also give a local bishop the powers to grant any person a licence to perform spiritual, pastoral or evangelistic duties as may be specified and permissible under the Fundamental Declarations, Constitution and Canons. 'Unless he holds the Bishop's Licence or permission, no lay person may preach or otherwise officiate at any service in any church, chapel or other place owned or controlled by the Church within the Diocese. 

'The bishop may grant, withhold, revoke or renew his licence as he may see fit,' Bishop mwamba quoted the sections of the Constitution, Acts and Canons of the Anglican Church. 

He said that in a case where a pastor/clergyman objects the revocation of his licence, the bishop shall refer the matter to a commission consisting of himself (bishop) and two priests/pastors of the diocese and a lay person chosen by himself (Bishop). 'After having heard both the bishop and the clergyman, and such other witnesses as they may wish to hear, the commission shall decide whether or not the clergyman's licence shall be revoked or limited, which decision shall be final,' Mwamba quoted the church rules.

The pastors will not get their stipends/salaries at end of this month.  He accused them of engaging in factionalism in association with a certain Dr Kunonga, 'who is a schismatic and not recognised in the Province and the Anglican Communion Worldwide'.