Court lifts injunction against Anglican bishop

High Court has temporarily lifted, on a technicality (due to undated papers of affidavit by the plaintiffs' Commissioner for Oaths) the injunction against the House of Bishops, brought by members of the clergy to stop the Bishops imposing their own candidate on the Diocese of Upper Shire, elections to vacant bishopric.

At the Upper Shire Episcopal elections held in February to find a replacement for former Archbishop Bernard Malango, the clerical and lay representatives had voted unanimously against acting Dean Albert Chama's preferred choice of the Rev Alinafe Kalemba, Dean of Leonard Kamunga Theological College, Zomba.

Despite intimidation against them by the bishops, clergy of the diocese had brought an injunction to prevent the House of Bishops forcing Kalemba on the diocese.

However, in a nod towards the need to resolve this properly the Judge has given leave for a Supreme Court appeal in Blantyre by the diocesan clergy, that they might continue to press their case that the Bishops are in breach of the canons.

Despite this, Anglican church said it now appears that a brief window of opportunity has emerged in the interim for Bishop Albert Chama to force Alinafe Kalemba on the diocese.

"Of course, this would be an unwise move as the courts may well later declare the 'election' invalid with Chama himself in contempt and in any case Kalemba will find it hard to impose himself on a reluctant diocese," read an information published by Anglican.

Chama's track record of scant regard for procedural niceties does however point in the direction of likely autocratic action on his part.

"In the meantime the people and clergy of the diocese have asked that we issue a call for prayer for a resolution," said the church in a statement.

Meanwhile in the Diocese of Lake Malawi in a similar case, the injunction granted to the House of Laity against the House of Bishops holds good and a Court Hearing is still awaited.

This will determine that a Provincial Court should be convened to investigate the way in which the Court of Confirmation (presided over by former Archbishop Bernard Malango) was conducted when it failed to endorse the overwhelming vote for a new bishop almost three years ago.

Parties in any case had synodically agreed to a Provincial Court when Bishop Trevor Mwamba was Dean of the Province, but the Malango/Chama faction later reneged on the decision fearing it would expose them.

The difference remains in Lake Malawi that the diocese still does have a legitimately elected bishop to whom the people have remained loyal despite intense pressure and intimidation from former Bishop Malango and now his successor acting Chama.

It is unlikely that they will give up their demands that proper constitutional procedures be followed in order to resolve the matter.