The Gauteng Division of the High Court, Pretoria has addressed a complex dispute involving a non-profit church organisation, People of His Way Ministry, and its splinter group, resulting from a rift among its members.
The judgment, delivered by Acting Judge SA Thobane, granted the applicant a prohibitory and mandatory interdict against several respondents, marking a critical step in resolving the allegations of mismanagement and impropriety within the church.
The matter, which has garnered attention due to its implications on governance and the integrity of non-profit organisations, stems from a breakaway faction operating under the same name in Carletonville. The People of His Way Ministry, established in 2000 and formally registered in 2004, claims that the splinter group is misleading the public by collecting funds under its name without consent. The rift intensified following disputes over leadership and structure, particularly after the church’s founder’s ill health led to controversial executive changes.
The court proceedings highlighted a troubling narrative of discontent and division within the applicant's ranks, revealing a history of failed mediation attempts and unresolved leadership crises. The breakaway respondents, while admitting their affiliation with the applicant, have maintained that their actions—such as opening a separate bank account—were justified under the circumstances they faced, citing a lack of proper governance from the main church body.
Central to the judgment was the establishment of a “clear right” by the applicant, anchored in the legal ownership of the property from which the breakaway group was operating. Various pieces of evidence, including documentation affirming the applicant's registration and property deeds, were pivotal in solidifying their claim.
Acting Judge Thobane underscored the ongoing nature of the harm faced by the applicant, noting that the newly established bank account, created without the applicant’s knowledge, posed significant risk to its operations, as funds were being misallocated and municipal liabilities incurred without accountability. The court affirmed that the failure of the respondents to adhere to the church’s constitution and their unilateral decisions had serious implications for the church's financial integrity.
The ruling imposes strict measures on the respondents, prohibiting them from operating under the church's name and mandating them to surrender all church assets—including keys, financial records, and funds collected—to the original organisation.
