Katie v Tapus [2021] PGNC 110; N8868 (11 June 2021)

N8868
PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

OS NO 254 OF 2016

BETWEEN
PASTOR WAYMAN KATIE – Deputy General Superintendent of Christian Apostolic Fellowship
Plaintiff

AND
PASTOR MATHEW TAPUS as General Superintendent of the Christian Apostolic Fellowship and the Chairman of the National CAF Council
First Defendant

AND
PASTOR JERRY ESO
Second Defendant

Wabag &Waigani: Makail, J
2021: 16^thMarch &11^th June

PRIVATE LAW – Election of Deputy General Superintendent of Christian Church – Dispute of – Whether runner-up is appointed as Deputy General Superintendent or must be elected – Constitution of Church – Sections 1.1.1(a) & 1.3(a)

Cases cited:

Nil

Counsel:

Mr.S. Tenige, for Plaintiff
Mr. H. Pora, for Defendants

JUDGMENT

11^th June, 2021

1. MAKAIL J: This is a dispute over election of the Deputy General Superintendent of the Christian Apostolic Fellowship (“CAF”) Church. The trial was based on affidavits with no cross-examination of witnesses.
Evidence

2. The affidavits that were tendered by both parties were as follows:

2.1. Affidavit of Plaintiff sworn 28^th April 2016 and filed 5^th May 2016 (Exhibit “P1”).

2.2. Affidavit of Plaintiff sworn and filed 7^th June 2016 (Exhibit “P2”).

2.3. Affidavit of Plaintiff sworn 20^th October 2016 and filed 21^st October 2016 (Exhibit “P3”).

2.4. Affidavit of Plaintiff sworn 25^th October 2016 and filed 31^st October 2016 (Exhibit “P4”).

2.5. Affidavit of Plaintiff sworn 2^nd April 2018 and filed 3^rd April 2018 (Exhibit “P5”).

2.6. Affidavit of Elder Steven Kungu sworn and filed 7^th May 2018 (Exhibit “P6”).

2.7. Affidavit of Johannes Kundal sworn and filed 7^th May 2018 (Exhibit “P7”).

2.8. Affidavit of Pastor Nasa Naipo sworn and filed 10^th May 2018 (Exhibit “P8”).

2.9. Affidavit of Joshua Salu sworn and filed 10^th May 2018 (Exhibit “P9”).

2.10. Affidavit of Philip Nagare Avuti sworn and filed 10^th May 2018 (Exhibit “P10”).

2.11. Affidavit of Plaintiff sworn and filed 9^th July 2018 (Exhibit “P11”).

2.12. Affidavit of Second Defendant sworn 24^th June 2016 and filed 27^th June 2016 (Exhibit “D1”).

2.13. Affidavit of First Defendant sworn 24^th June 2016 and filed 17^th June 2016 (Exhibit “D2”).

2.14. Affidavit of Pastor Anson Isingi sworn 25^th October 2016 and filed 26^th October 2016 (Exhibit “D3”).

2.15. Affidavit of Second Defendant sworn 20^th November 2016 and fled 21^st November 2016 (Exhibit “D4”).

2.16. Affidavit of First Defendant sworn 20^th November 2016 and filed 21^st November 2016 (Exhibit “D5”).

2.17. Affidavit in Support of Pastor Anson Isingi sworn 31^st October 2018 and filed 1^st November 2018 (Exhibit “D6”).

Uncontested Facts

3. Based on these affidavits, the following facts are not in dispute: The Plaintiff was a pastor of the CAF Church until suspended on 19^th May 2016, by the National Church Council of the CAF Church. That decision was endorsed by the National Court at Wabag by an order of 13^th October 2016.

4. After the then General Superintendent, pastor Tumu Erasi resigned from the position of General Superintendent, the Plaintiff who was then the Deputy General Superintendent assumed the vacant position as Acting General Superintendent. He called for a meeting for the election of the office bearers of the National Executive of the Church.

5. In his capacity as Acting General Superintendent, the Plaintiff caused the General Secretary to issue a notice for the meeting on 29^th November 2013. When the meeting convened, he presided over it wherein nominations were called. During the meeting, an election of the office bearers took place in which the Plaintiff and the First Defendant were nominated for the General Superintendent’s position. The First Defendant was elected as the General Superintendent and the Second Defendant was elected as the Deputy General Superintendent.

6. Being aggrieved, the Plaintiff commenced proceeding OS No 555 of 2014 in the National Court. On 10^th June 2015, the Court dismissed the proceedings. It did not find that the meeting, and its deliberations and resolutions were unlawful, but rather directed that a Quadrennial Meeting be held to give another opportunity to the Plaintiff to participate. That meeting must be held by 10^th August 2015.

7. The Quadrennial Meeting was held on 6^th August 2015. The Plaintiff was present and when votes were to be taken, he walked out of the meeting in protest that the Quadrennial Council had adopted an incorrect procedure to elect the General Superintendent and Deputy General Superintendent. The election proceeded and the First Defendant and the Second Defendant were once again elected as General Superintendent and Deputy General Superintendent, respectively. For the second time, the Plaintiff commenced this proceeding to dispute the election of the Defendants.

Parties Submissions

8. The Plaintiff’s case is that, the runner-up to the General Superintendent is automatically appointed as the Deputy General Superintendent. This has been the practice and tradition of the Church over a period of time and he has been appointed in that manner multiple times. It is also because the CAF constitution is silent on how the Deputy General Superintendent is elected. The Defendants contend otherwise, that according to the constitution of the CAF Church, there must be an election held to elect the General Superintendent and Deputy General Superintendent as was done in this case.

Applicable Law

9. A copy of the constitution of the CAF Church may be found at annexure “E” to Exhibit “D6”. The relevant provision is Section 1.1.1(a). It states:

“Christian Apostolic Fellowship National Council

The ultimate responsibility and care of all the churches in PNG are vested in the body of Apostles and Prophets of the Church in PNG herein designated as the National Council. Decisions of this Council to be valid and must be made at properly convened Council Meetings; such meetings to be held annually under the chairmanship of the General Superintendent, or in his absence the vice chairman. It is the sole prerogative and responsibility of the National Council to administer, either directly or by delegation, all essential matters relating to the Church in PNG; and in particular by revelation from the Lord to:-

(a) elect and appoint each administrative responsibility designated hereunder for such a term as the Council in its wisdom deems appropriate:-

• General Superintendent
• Vice Chairman
• General Secretary/ Treasurer
• National Executive
• National Administration Committee
• Chairman, Secretary and Members of all advisory committees.”
  

10. As to meetings, Section 1.3(a) states:

“The National Council of Christian Apostolic Fellowship shall meet yearly. The quorum for a Council meeting shall be two-thirds of the total number of Apostles in PNG at the time of the meeting. No business shall be transacted unless the required quorum is present. Each Apostle present at any Council meeting shall be entitled to one vote on each resolution; the chairman shall only exercise such right in the case of a tied vote. Any absent member may submit his convictions in writing. Every fourth year the National Council shall be known as the Quadrennial Council when a complete review if all the activities of the Church will be undertaken. Such a review shall include:-

(a) The appointment of General Superintendent, Vice Chairman, and General Secretary/Treasurer.
(b) ...........”.

Election of Deputy General Superintendent

11. I reject the Plaintiff’s submission that the CAF Church constitution is silent on the election of the Deputy General Superintendent. Similarly, Section 1.1.1(a) and Section 1.3(a) do not expressly state that the runner-up to the General Superintendent shall be appointed Deputy General Superintendent. When these provisions are read together, there must be a Quadrennial Council meeting to elect the General Superintendent and Deputy General Superintendent.

12. In this case, a Quadrennial Council meeting to elect the General Superintendent and Deputy General Superintendent was held on 6^th August 2015. The Plaintiff was present and when votes were to be taken, he walked out of the meeting in protest under an ill-conceived notion that the Quadrennial Council had adopted an incorrect procedure to elect the General Superintendent and Deputy General Superintendent. The election proceeded and the First Defendant and the Second Defendant were elected as General Superintendent and Deputy General Superintendent, respectively.

13. There is no merit in the Plaintiff’s complaint. The proceeding is dismissed with costs.

Order

14. The formal orders of the Court are:

14.1. The proceeding is dismissed.

14.2. The Plaintiff shall pay the Defendants’ costs of the proceeding, to be taxed, if not agreed.

Judgment and ordersaccordingly.

________________________________________________________________

Soso Tenige Lawyers: Lawyers for Plaintiff
Henry Pora Lawyers: Lawyers for Defendants