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Speculative, unreasonable fear

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Bishop Lekganyane
… Declares CoA, as it dismisses ZCC members’ interdiction against facing Disciplinary Hearing A three-member bench of the Court of Appeal has ruled that in running to court instead of proceeding to appear before a Disciplinary Hearing for fear of being found guilty and expelled from the church, 17 Zion Christian Church (ZCC) members acted speculatively and not reasonable enough. The members had applied to court to interdict the church from proceeding with Disciplinary Procedures and this was granted. But Court of Appeal Judges differed with the lower court’s decision to make the orders final. “They could not possibly claim that they had a right not to be called for a disciplinary hearing whose outcome would be determined by evidence. It is clear that the nature of the evidence which would be adduced was and still is unknown. The second requirement is that there must be well-grounded apprehension of injury or irreparable harm. In the founding affidavit is said the fear was that if they appeared before the Disciplinary Tribunal at the time they would be found guilty and expelled from the church. The law is that the apprehension must be a reasonable one. In this matter the fears are…

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