MODISE FACTIONS FORCED TO TALK
FROZEN BANK FUNDS KEY TO DISPUTE
ONLY a good relationship between two rival factions at the International Pentecost Holiness Church (IPHC) will allow the smooth running of church affairs.
Two factions are expected to meet this week to iron out sensitive issues pertaining to the church, including large sums of money frozen by a bank.
Standard Bank froze the account on May 20 following a court ruling by Judge Jody Kollapen in the North Gauteng High Court, who ordered the church elders to form an eight-member executive committee (exco) made up of representatives from each side to run the church’s affairs. Kollapen was delivering judgment in a counter-application brought by Tshepiso Modise, the son of the late IPHC spiritual leader Glayton Modise. This was after some church officials opposed the ordination of Tshepiso Modise as the spiritual leader of the church. On Friday, the two factions battled it out at the South Gauteng High Court in Johannesburg over the frozen bank account of the popular church with millions of congregants. A lawyer representing Tshepiso opposed the application. But Advocate Paul Strathen pleaded with the court to allow the bank to unfreeze the bank account.
Strathen said there was a dispute whether the council (of 30) and eight executive council members were validly appointed and until that has been dealt with the church has to function.
He blamed Tshepiso and his team for not attending exco meetings.
“The bank took the view wrongly to demand eight signatures. The church has a bank account and it wants to operate. The bank should be bound by majority decisions of those in the meetings,” said Strathen.
Tshepiso’s lawyer, Advocate Simon Mangolele, said Standard Bank was not opposing the matter and it has filed a letter explaining its position.
Mangolele said there must be a compliance with the previous court order and the application by the church elders to unfreeze the funds was not about the bank-client relationship but having access to and control of the bank account.
He argued that since the account was frozen, salaries have been paid, vehicles serviced, buildings maintained and that they can’t justify urgency in the matter. He said there were other banks besides Standard Bank that hold church accounts.
Judge F van Oosten said the court could assist the two parties by asking a council of accountants to assist the church in appointing auditors. The two parties later agreed that an exco meeting be convened this week.