Constitution should protect citizens from religious waywardness The case of Madzibaba Ishmael from Nyabira, who in this modern age and time, abuses women and children, is a revelation of a bigger picture.

Matthew Mare-Correspondent

In the recent past there is a surge in cases of churches, abusing women and children, violating the Constitution and smuggling wayward doctrines. 

This calls for a review of the constitutional provisions such as Section 60 which governs the conduct of the churches and talks about the religious freedom.

Section 60(3) is absurd in that it states that parents and guardians of minor children have the right to determine in accordance with their beliefs, the moral and religious upbringing of their children.

The state was wrong to give churches such power and assume that the church theory guarantees the children’s right to education, health, safety and welfare. 

It is a known fact that, since the 1950s most churches failed to guarantee such rights and the Constitution should not be awarded such powers based on an assumption that they will guarantee children’s rights. Parents in the religious sphere have proven to be a danger to the security and safety of the children. The case of Madzibaba Ishmael should be a revelation and the orthodox have joined their race with their controversial theology of presiding over lesbian, gay, bisexual, transgender and queer (LGBTQ) marriages. 

What are minors being indoctrinated in these orthodox churches considering that they own most schools in Zimbabwe. Has the State ever thought of what it means, given that churches are allowed to subject all children t their own institution to the church doctrine. 

This is 44 years into independence the Anglican’s church confession of faith still reads, “We believe in the coming of Jesus, but we believe that he would not be a black person”. 

The country requires sound and effective laws that govern theologies. Some of the doctrines are not only archaic but ultra vires to the Constitution. These are early warning indicators of religious fundamentalism as evidenced by open defiance of the Constitution. 

In 2004, the same Madzibaba Ishmael beat up police officers and now children have been taken hostage. The State can continue to treat the churches with kid gloves at its own peril and even in Islam, it started as peaceful until a certain individual was left practising religious fundamentalism, now the countries are being forced to waste money in counter terrorism efforts.

When the problem was manageable the states were ignoring and now, they are victims. There is general assumption that Christians are incapable of being terrorists, one need to google the true meaning of “crusades” or “martyrs”. Religion is good in as far as it has not started to breed infidels and radicals who openly defy the State. 

When the church begins to operate like a secret service, it ceases to be a church but a cult where people die mysteriously, children’s rights manipulated, women sexually abused and minors married off. 

The TB Joshua documentary was taken lightly but should have aroused the State’s interest to rethink religion. This is not to say all churches are bad but bad theology exists and it is the role of us scholars of systematic theology to question and interrogate various theologies. 

The Government came hard on healers who were behaving waywardly and the sector is now conducting itself in an orderly manner under the Government arm, ZINATHA. There is need for a call to action. 

The problem with the Government is the failure to come up with laws to deal with the churches that turn into cults. Section 60, which talks of the church and the role of parents over their children, is being manipulated. 

Parents are given the power over the faith of the minors below the age of 18. The law failed to consider that some of the parental choices may have a detrimental effect on children as was in the case with Madzibaba Ishmael who was recently arrested and his shrine cordoned off inorder to free the enslaved children who were subjected to all sorts of human rights vagaries. The evidence currently obtained makes Section 60, a “bad law”, meaning that it is no longer serving its purpose. 

This country is sovereign and has laws that need to be respected and Section 60, which give unlimited rights to churches, requires an additional general limitation clause to regulate the behaviour and the conduct of churches. 

The issue of Madzibaba Ishmael from Budiriro, who in this modern age and time, practises slave trade and abuses women and children is a revelation of the bigger picture.

These archaic religious beliefs and practices require a specific law to regulate theological claims. Zimbabwe is a country with laws and values and will never condone any form of abuse, especially of women and children, under the guise of worshipping. 

The Government should go further than merely arresting but to review the law on how the churches operate. The Zimbabwe Human Rights Commission is clogged with accusations and counter accusations of rape and murder in some Pentecostal churches where prominent preachers are the accused. In the Marange Church, the case of the 14-year-old who died whilst giving birth is a clear indication that more laws are needed urgently to protect citizens against the vagaries of church hegemonic behaviours. 

In reviewing Section 60 on religion and religious beliefs, more robust laws are needed to curtail ritual-related crimes that are on the rise. The idea is to fully protect the children from religious and cultural practices which undermine the volatility of life. 

This calls for more stiffer penalties and preservation of the dignity and purity of life. This is a human security issue. The President is very clear that Zimbabwe is a secular State that respects the Church and its role in the affairs of the State. 

However, he reiterates that the Church must respect the Constitution and realign its theologies in line with national interests. He went on to state that, there is no sacred cows in Zimbabwe, meaning anyone who commits an offence will be arrested regardless of their status. The President is a Constitutional President, and the long arm of the law is catching up with anyone who abuses the women, children and the Constitution under the guise of religion. 

Section 60 of the Constitution, therefore, needs to be reviewed with lighting speed. The level of human rights abuses in churches, wilful violation of the Constitution, religious interference among other issues should see the State stamping its authority before it is too late. 

The problem with the State is to assume that the Church is Godly and that it respects the secular authority. The current developments in the orthodox Church of authorising same sex marriages against the Constitution of Zimbabwe is akin to the violent breakaway of the Anglican Church during the Bakare and Kunonga schism. 

These are early warning signs that religious fundamentalism is set to come from orthodox churches that have adopted a controversial and illegal LGBTQ rights. The orthodox Church is theologically bullying the State by disrespecting the laws of the land. 

Technically, if the State allows these orthodox churches to preside over gays and lesbian marriages, and that any marriage presided over by the church marriage officer who is the minister of religion is recognised by the Marriage Act, Chapter 5:17, Zimbabwe would have allowed for the abrogation of the clause which previously barred gays and lesbian marriages. 

The State must strip the power invested in ministers of religion who wilfully violate the Constitution, and this can be done if Section 60 is reviewed. In its current state, Section 60 is prone to gross abuse.

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