By Bernard James

Hearing of an appeal by a prayer vigil group challenging orders barring them from participating in services conducted by the Catholic Church in Sumbawanga region has failed to continue for non appearance of an advocate.

The appeal came for hearing on Tuesday but the Court of Appeal was informed that an advocate for the respondent, the Catholic Church Sumbawanga Diocese, identified by one name of Mr Materu had refused to accept a summon to appear in court because he was not instructed to do so.

The Marian Faith Healing Centre popularly known as Wanamaombi is challenging the ruling and orders of the High court in Sumbawanga that confirmed as fair the decision to bar them from entering the church.

“Since the respondent have not been served with summons to appear, we have no option but to adjourn the hearing to a date to be fixed by the registrar”, said Justice Harold Nsekela. Other judges hearing the appeal are Sauda Mjasiri and Bernard Luanda.

Ten years ago, the church in Sumbawanga successfully applied for orders to bar members of the excommunicated group from participating in services taking places in the churches and in any of its premises.

The church hierarchy has condemned the group, accusing it of distorting the Catholic faith and for forcefully interfering and disturbs services conducted by the church.

Their appeal originate from the decision by the Rukwa Resident Magistrate Court which in April 2004 barred them from entering the Catholic Church and their premises for being ex-communicated by a decree issued by the Tanzania Episcopal Conference (TEC) in 1999.

TEC in May 1999 issued a pastoral letter condemning and later excommunicate the Marian group allegedly for distorting the Catholic faith by preaching matters against teachings of the church.

But the group has strongly rejected the excommunication sentence as null and void, arguing that TEC failed to hold a fair trial in breach of rules of natural justice and of code of Canon Law.

They have appealed against the excommunication to the Roman Pontiff, arguing that in terms of canon 1638 the appeal automatically suspend an execution of the sentence.

“The purported excommunication stand suspended until the appeal is determined by the Pope,” the maintained.
To date the outcome of their appeal is yet to be made public.

The Church in Sumbawanga had accused members of the group of entering the church by force to shout, disturb and interfere with a peaceful prying of other followers and refused to go out of the church when politely asked to do so.
But the group insisted they are entitled to enter and worship God in the churches as they strongly denied allegations of disturbing other followers by shouting.
“It is the plaintiffs who have taken the law into their hands by beating Christian faithful members for kneeling while receiving the Holly Eucharist.

The Catholic Church has been maintaining that it considers that group a different religion from the church that owes allegiance to the Pope.

After a marathon case in Sumbawanga, the Resident Magistrate Court of Rukwa in May 2003 confirmed the excommunication as proper and fair.

The court further directed each side to worship, teach and follow whatever procedures they think was proper to them but in different buildings and sessions.

They Marian group had appealed against the decision but the appeal was dismissed in September 2004 by the High Court for being time barred.

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