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A lawyer representing the leader of the Zion Christian Church (ZCC), Bishop Barnabas Lekganyane, said this week at the Court of Appeal that she did not have the power to hear his case
. Soraya Hbadim, a Pretoria-based lawyer, told the CoA in Gaborone on Friday that Botswana's courts should not interfere with the internal affairs of the church and that the Botswana courts are not competent to judge Lekganyane [19659004]. Hbadim argued that the ZCC case had returned to court today after Lekganyane had asked the Court to amend the decision of the High Court Judge of Lobatse. , Judge Nthomiwa, that he should not hold disciplinary hearing against some of the local members of the church.
Nthomiwa had made the decision Lekganyan should not proceed to the discipnary hearing of 17 members of the Tlokweng ZCC
The 17 members had problems with Lekganyane after they challenged "the way which things were done in the church. "
For its part, the lawyer Uyapo Ndadi- who represented the 17 injured members, argued that he was inferior in the law of Botswana for judge the bishop as the church was registered in Botswana.
He argued that the ZCC Constitution of 2009 created an office for the bishop and that "for the purposes of compliance with the laws of Botswana, section 5 states that the church will have a head office that will serve for all purposes the church in Botswana. "
Ndadi further argued that Lekganyane was prosecuted not in his personal capacity, but in his official capacity as chief of the ZCC. "He may not be in Botswana physically, but he is still the head of the church, and he was quoted in his official capacity," said Ndadi
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