1

1

15.1.15

CLAIMANTS

7JCWUcL1

Claimants

No

BESHAHWRED

Case

ckeo

2013]

LONDON

KEBEDE (C’)

of

GETACHEW

April

2011

MIRGA

exhibits

215t

GEBREEGZIABER

behalf ISbN,

KIDAN

GIRMA

ACT of

BISRAT

on C1R

on

KASSA

WORKU

No.

ORTHODOX

1

ABA

DEBRE

BE

DEBELLA

Dated

ZELEKE

Statement:....

LE-MARIAM

BERWAK GEBRE

Filed

MENGISTIE

*t

ABE -and-

HAt

CHARITIES

GETACHEW

BERHANU

appointed

HAILU

HAILU

DEREJE

MAHADER ENGEDAWOR1(

Witness

ST.MARY

THE

ETHIOPIAN

1060394) IRMA

AREGASH

DAWIT

6 MEKU SHUMET

TAYE OF

OF

No.

THE

Trustees

Reverend Deacon Deacon Deacon

General

Mrs. Mr. Mr. Mr.

MR REV.

ARCHIMANDRITE

JUSTICE

OF

the

OF

CHURCH

MATTER

(1) as (2) (3) (4) Charity (5) (6)

(7)

(8) (9) DIVISION

1)

2) 3)

THE

MATTER

COURT

[Suing

IN

THE

HIGH

CHANCERY IN

TEWAHEDO BETWEEN: fRegistered AND

0 AS

for

take

Tsion Form make

given

I

addresr.

SAY

to

Defendants

has

Claim

8B1

Debre

1992.

8 2011

home

application

in

of

of

HA3 Act

Part

BESHAHWRED

the

Mary

joined

I

by

Commission

St

Claimant’s

Charities

GENERAL

of

accountant,

Middlesex,

which the

the

GETACHEW sought

WOLDETSADIIf

of on

Charity

MR.

TADESSE

relief

Church

KEBEDE Harrow,

2 ATTORNEY chartered

The OF s.11S

DAWIT

ASSRESS

the

GOBENA

GEBREMICHAEL

decision

congregation HABTEMARIAM BEKLE

awaited.

TADESSE of

Road,

under

the

final

Tewahedo ABATE

BETHLEHEM

FASIEL HENOK A ASCHALEW MAJESTY’S DAWIT NIGUSSIE

TIGIST of

Claimants.

support

STATEMENT

currently

Kenton

REV. MS MRABENERAMENSHOWA MR MRS MR in MR. MR. MR.

HER is ARCHDEACON BESHAHWRED,

the

permission

214

Orthodox

member 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) (14)

by

WITNESS

a

proceedings.

statement

permission

am GETACHEW

FIRST

I

Ethiopian I,

removed this issued FOLLOWS: provisional

these

full

1.

0 2. I currently serve as the Main Co-ordinator of the pressure group known as Save Debre Tsion St.Mary Church of formed to

preserve the character and ministry of the church and its

congregation in the face of changes recently sought to be imposed by the group associated with the current priest Aba Girma Kebede: the Defendants.

3. I am not a trustee, but am authorized by all nine Claimant trustees

(meaning those who were elected trustees at the members EGMheld 215t on April 2013) to make this witness statement on their behalf to describe the various trust documents, the background to the present

proceedings, the circumstances in which the Claimants were

appointed in 2013, and to outline the reasons why they seek relief in

these proceedings. I have been asked to do this in part because my own first-hand knowledge of the history extends further than that of

some of the individual trustees, in part because I have been closely

involved in all these matters throughout and have continuously held

senior positions of administrative responsibility within the Church

since 199$; and also in part because my facility in written and spoken

English is greater than some of the Claimant trustees. Since I became

a. member of the church, I have served inter alia since 2008 as Chairman of the Internal Control Committee and Chairman of the

Sunday Children’s School. I also led the fundraising efforts to acquire the church building.

3 I

St

of

to

my

the the

the

and and

1”.

at

in there

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wider

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of

to

to

indexed

asked

operates “GB

Ethiopian

out

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as

worldwide

Alexandria,

majority

to

arisen events,

and

belief.

a

set

certain

of of

The

being

although decrees

which

material

my the

knowledge,

effect.

has

refer is

have

as

of

1”,

Oriental

the

dispute

Queenstown

and

briefly

matters

legal

course

Tsion,

paginated

Court

best

the

“GB

in which

people,

and

and

brackets

the

known

personal

(“ETOC”)

accept

of

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the

fully

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outline

relevant to a

to

within

issues

facts

substantial

million

trust

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to

direct

square

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largest true

the Mary buildings affected

45

in

any

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ancient

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are 4

declined

specific

the

is

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interpretation

and

have

of

which

against

the

is

documents

with

the

they

necessary church

40

contrary,

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numbers

within

Tewahedo

marked their

which

is

there

the

which

from

the

Church

case,

it

me

fall

of

Page over

to

Tewahedo

that

to

the

documents

between

background

any

Anglican

concerned .

Orthodox

understand

Tsion,

not of

of

Jerusalem,

is stated

in

the

influences

is

copy

To

Tewahedo

descended

describe.

believe

statement

order. Orthodox

I

and

of

differences

produced

and live

this

former

Debre

form

its

where

Court

be

Ethiopian

not

now

bundle

is matters Save do may witness where authenticity Battersea. Orthodox Mary

The events from make

which membership

Churches The

whom

Antioch

Ethiopian

4.

5.

6.

The Church Council of Chalcedon in 451 relating to the “dual nature” or

hypostatic union of divine and human natures in the person of Christ.

Tewahedo is a Ge’ez (ancient Ethiopian) word meaning “unified”. It

refers to the belief in the single unified Nature of Christ, as opposed to

the dyophysite belief in the divine and human natures of Christ held by the Roman Catholic and Eastern Orthodox Churches.

7. ETOCrites and doctrine have developed over more than 1600 years.

The Tewahedo Bible has 81 canonical books. Its doctrines include God

as Lord of the Universe, together with the angels and saints. A hierarchy of ‘Kidusan’ (angelic messengers and saints) conveys the

prayers of the faithful to God and assists in the execution of the Divine

Will. In prayers of all kinds, the Ethiopian Christian makes supplication

to these beings as well as to God. In more formal rituals, priests communicate prayers to the saints on behalf of the church congregation.

The

8. The influence of certain Old Testament elements is retained. These include the role of the HolyTabot or “ark” representing the Ark of the

Covenant. ETOCchurches are not considered churches until the bishop

grants a Tabot, a replica of the tablets in the original Ark of the

Covenant. The Tabot is typically about 40 cm square, made of

alabaster marble or wood and gold. It is dedicated to the church’s patron saint. Intercession through the Kidusan begins with the patron

5 saint. The Tabot is kept on the altar. Each Tewahedo Orthodox church

has its unique Holy Tabot. It is the Tabot, not the church, which is consecrated. Only clergy may enter the inner sanctum where the

Tabot is housed. All key liturgical rites (Eucharist, marriages, infant baptism, confirmations and funerary prayers) require proximity or access by the celebrant to the Tabot. The Eucharistic elements require to be physically placed upon the Tabot. Without access to the Tabot, the Eucharist cannot be prepared or administered to the congregation.

On important religious Holy Days, the Tabot is carried in solemn

procession outside the church. Only priests may touch the Tabot. The Tabot uniquely defines the identity of the individual church, and

occupies a position of central importance in all aspects of Tewahedo

liturgy and religious observance. This is a special feature of ETOC worship which makes access by believers to physical proximity to the Tabot critically important.

Kale Awadi

9. The internal governance of Tewahedo churches is regulated in

accordance with the Kale Awadi. This is a set of generic regulations or bye-laws which stipulate the governance requirements for individual

congregations. They were drawn up by the Synod in , and have undergone periodic revision. Kale Awadi lay down the respective

roles of clergy and congregation in administration, finance and the

Church council which each congregation is to have. As I explain below, the Kale Awadi proceeds from an understanding that each

6 of

be

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as to

law

church

affairs,

bishop.

appoint

granted

October

must

different

satisfied,

combine.

1971.

done.

leaders

Africa,

own

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by in

own Mary the

is

was to

may

are

church.

it

its

of

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St

general

administratively

reference

this

died

their

of the

who

they

easy

Reverend”)

parish

on

bishop.

by

spiritual

copy

and

was

satisfied

a

how

a

that

rules

regulate

been

Administration local

of

however,

The

9

law

choose

“Most

Basilios

be -

to

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to

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1

operated

that decide

1959

area.

Parish

may

the

always

and

Provided to

In

constitution

Abune

charity

is

authority

effectively

from

have

pages

the

it

not

1

autonomy (“Abune”

Pope

these

Ethiopian 7

ways.

authorized

church

who

and

that

Church.

secular

Tab

have

and

the spiritual

Patriarch

is

are

individual

geographical

at

and

members

Coptic

each

Basilios

Awadi.

the

its

the

this

differing

of

me

They

own

the

years,

requirements

up

in

of

Kale

to

Orthodox

with

its

administrative by

Ethiopia.

churches

its

bishops

under Abune

congregation,

the

1500

registered

of

for

Wales.

has

draws

of

law,

requirements,

and and

members

Coptic

by

the

churches

than

parallel

and

Patriarch

produced

by Patriarch

the

crowned

significance

the

remaining

in

is

canon

church

edition

Awadi Awadi

VI

of Patriarch

for

more

The

own

established

is

is Kale ETOC Each individual congregation chosen conducted it Kale England

whilst 1972

For part Tsion its There

archbishops VI. Cyril

first

Ethiopian

10.

The was succeeded by Patriarch Abune Tewophilos, who was elected by

the Ethiopian Orthodox HolySynod in Addis Ababa.

11. When the regime of Emperor fell in 1974, the Ethiopian Orthodox Tewahedo Church was disestablished as the State Church. The new Marxist government began nationalising property owned by the church and came into conflict with the Tewahedo

leadership. Patriarch Abune Theophilos was arrested in 1976 by the

Derg authorities. It is believed that he was secretly executed in 1977.

The Derg ordered the Synod to elect a new Patriarch, and Abune Tekia

Haymanot was duly elected and enthroned. He died in 1988 and was succeeded by the Patriarch .

The Schism

12. After a lengthy civil war, the Derg regime finally fell in 1991, and was replaced by the Ethiopian Peoples Revolutionary Democratic Front

government, the leading element of which is the Tigrean Peoples

Liberation Front (“TPLF”).Patriarch Abune Merkorios, who is not of Tigrean tribal ethnicity, quickly came under heavy pressure from the

new regime. He was accused of collaborating with the Derg government. He and his staff were locked out of their offices. They

were threatened. A government announcement was made that Abune

Merkorios has resigned due to illness. The TPLF regime insisted that

the Holy Synod in Addis Ababa elect a new Patriarch, and Abune

Paulos, a Tigrean, was duly appointed.

8

a

of

by

be

of as

be

The

no

The

Holy

been

that

Abune

Addis

a

Abune

can

Abune

persons

or

country,

that

in

shall

Australia,

not

alive.

known

commonly

that

But

form

Patriarch

is

one

announcing,

provides:

and

two

recognized

still

is

first

Patriarch.

No-one

have

to

appointment

Synod in

is

is

Patriarch

mean

by

as

voluntary

Paulos.

life.

the

the

he

(which

to

Caribbean,

This

exile

abroad duress

English,

of

by

elected

legitimate him

was

for

elected

held

Patriarch

the

into

fled

USA.

into

while

ETOC

ETOC

of

successors

Abune

the

are

a

be

recognize

was

under

of

office

of

the

be

his

then

rejected

removal

two

State,

place

not

to

legitimacy

law

who

if

been

They

hold

America,

his

that

King”),

in

was

Merkerios

translated

within

appointed

to

the

9

and

election

one

may

had

or

and

that

be

This canon

North

The

and

Merkorios

Africa.

the

see,

the

in

continued

him

Abune

Nagast,

of

Washington

of

upholds

of

he

one

accept

with

ancient

understood

Abune

Patriarch

with

in

departure

Patriarch

Fetha

on

rest

“Law

not

appointed.

that

appointed

the

legitimately

Seattle,

of

Churches

followed

his

the

be

do

Ethiopia

or

in

be

serve

the

widely

of

in

to

carried

Patriarch

that

remains

and

to

tank

could

Under

insisted

could

exiJe

appointment

and

been

part

bishops

appointed. in

Negast

Ethiopian

who

Synod

exile,

“The the

ratified.”

simultaneously has

ETOC.

former

Holy

Merkorios

Europe

many successor

Merkorios Certain

Synod

validly

This

relevant

understood

appointed

Fetha

Merkorios

the

successor

Ababa

from

The

13. 14. of in

of

6th

the

and UK,

only The

Mary

North

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Abune

as

caused

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political

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not

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of believers of

of

church

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Tigrean

sympathetic

have

legitimacy

intolerant

war,

a 28th

Africa.

Mary the

reign

is elsewhere.

is This

Europe, bishops.

Mathias

of

the diaspora.

St

On

of

Civil

in

he 1992,

of the

openly

Tewahedo

the Archbishop

churches.

rest

state

and

asylum in

Ababa.

as regime.

2012. compromised,

Abune after

and

is

the

record.

affecting

during

because

seek

question

Add

Ethiopian

and

populations

composition

fatally Enthos

but

August

by Tewahedo

and political

believers rights

elected

the made

totalitarian

Tigreans

as

a

archbishops

the

ascendancy

16th

on

alive,

is

TPLF

ETOC

Abune

were

10

of

appointment

created

human

country Ababa

expatriate Carribean

still

the substantial tribal

expatriate

Mathias

is

TPLF

the

affected Opinion such

died the

by

among

poor has

which

Many

with

Addis

the

of

One

overwhelmingly Tigrean leave

Archbishop

of now have

Abune

very

Paulos

Paulos. served

to

a

arch-diocese

of divided ETOC.

the

Merkorios

under

most

appointments

is Australia,

been

of an

are

has identified

the

and

Synod regime.

regard

politics

diaspora

Abune

Abune

of

that

Abune have

and

the

is Ethiopia

TPLF

Ethiopians

Canada,

Europe,

patriarchs

London

the

Ethiopian

exile.

Patriarch dissent repression, many Ethiopian Patriarch Patriarch 2013, USA, in because the communities over-closely Paulos, ecclesiastical appointments,

to Tsion, West

15.

16. in

are

the the the the the

the

over

states

of

of

by

leaders leaders

political

St.Mary

used

from

or

before

challenges.

of

relatives

surveillance

and

government government

control

has

majority,

several

Church

enemies

been

their win

these

nominees

the

and

complaint

refugee

and

assistance

to

regime

for

a trustees

powerful

Ethiopian

Ethiopian have

for

mount

potential

with

administrator

TPLF

the

with

the

and

to

Jamaica, of

probably

trustees

involving

of

cause

Ethiopia. The

Ababa,

attempted

all

appointing

with

large

Africa, current

Battersea

repercussions

has

from ousting

a

members

major Addis

and

in

regime.

attention

by

11 appointees members,

The

a in

Tsion

South

contact

exiles

his

its is

concentrations

serious

TPLF

keen

Church

regime

governance,

of

installed of any

grounds and

Debre

the

This

service. the

churches

government

have

the

Sweden,

political

to

fear

authorities

2013

church. many

to

or

Mary

church

Church

together

in

St

easily

Patriarch

the

attracted

embassy.

the on

Tsion

of church Ethiopian expatriate

over

hostile

Australia,

intelligence

in

has

refugees

Tsion

could

of

USA.

Ababa sympathetic

background

are

its

gathering TPLF

Debre

Schism

the

of

members regime Debre Ethiopian Ethiopia. of and camera exile more former individual which Disputes Ethiopian The

The who courts in Addis

Effect

17.

18. is

(as

far

the

and and

cite

rival

with

been

Mary

vote. I

isbn areas

those

There

of

either

This where

Ababa

Abune

how

St

to

is

The

are

Merkorios

church

Tewahedo

exiles

have

firmly

At

Debre

Addis

all

show

the

lay

allegiance

doctrine:

to

Patriarch amicably.

years.

Ethiopian.

appointed.

Abune

These

for

Mary

ascendancy

democratic

or

Ethiopia

liturgy

conceded

as

political

St

believe

1600 the

by

allegiance. have

I

of

faith and

spiritual

doctrine)

USA.

times. been

roots

allegiance,

Nagast.

aHegiance

successor

many Patriarch

co-existed

over

they

and

the

his

which

acting

politics,

never

spiritual responsibility

their

with

for

in

ancient

Fetha

to

2012,

theology,

and

between spiritual

faith

tie

spiritual

not

includes bishops

observance

have

congregation

the

of

since

exile

until

and

over

12

incidents

over

refined

and

the

Paulos

maintain the

of

relation

in

all

or

in

have

on

at

terms congregation

and

settled

distinction

is

administrative

sympathies

doctrine,

In

Abune

a

synod

authority

governance

significant

the

theological

the

congregation

differ

members

schism and groups

them

governance

the

application whose

of

force

that

not

practiced

the

their remained

the

two

highly

church

Patriarch

faith for

Other

spiritual Patriarchates,

to the of

do

of

see

church

The have

to

between

governance.

late

refugees

Tsion,

rival

USA.

and

even

been

effect

members

gulf consensus

the

following

the

the

has believers patriarchs matters

church continuously

The true

Tewahedo

Debre

affecting

The in Mathias.

TPLF, and

former opposed Uuestions

was of

the the

19.

20. the congregation has historically resisted any attempt to bring it under the administrative authority of the Patriarchs:

(i) In October 1993, shortly after his election, Patriarch attempted to visit St Mary Debre Tsion. Many members

reacted against this because they saw it as an attempt by Addis

Ababa to claim authority over the church. There was a mass

demonstration by members and Abune Paulos was compelled by

the police to abandon his visit. I refer to the newspaper clipping 25th from for October 1993 which describes

the event (tab 2 pages 10 — lOB);

(ii) In December 1997, when Abune Yohannes, the founder of St

Mary Debre Tsion EOTC,died, his successor, Rev.Berhanu Bisrat

was appointed Administrator (meaning priest-in-charge) by the

members of the congregation. No Patriarch, no archbishop and

no bishop was involved in any way in his nomination, selection or appointment.

(iii) In April 1998 an attempt was made by a small group to exclude

the entire congregation from access to its then church building by changing the locks and announcing that the church was

henceforth to come under the Patriarch of Addis Ababa. This was

vigorously resisted by the rest of the congregation. Solicitors

were engaged and within a week the church had re-opened without any involvement from Addis Ababa;

(iv) In May 2005, elections were held in Ethiopia resulting in the re

election of the TPLF government. The elections were widely

13 St

of

as

to to

the

the the the

5th

was

then

been

great ETOC

Tsion

Debre

of not result.

during

by

a and

release

involve by

decided

this

that

the

members had

Bishop

the dated

redundant

him new

refused

not

Debre

was

cause

a

press

the observers,

the

killed

it

up

St.Mary

Street,

marked

A

of

whom

letter the

to does

asked

EU

of

mentioned Paulos

set

emissary;

informed

of

and

2006

following

partisanship

were

that St.Mary’s

to his

be

congregation

congregation,

letter

outraged

wrote Ababa.

Warren

of

take

further

many

espouse

Abune so

Ababa

purchase the

unrest

A

including to

The

January

blatant

ETOC

people

of

longer church

Enthos,

Addis

and

civil

the

an

as Trinity

killed,

step Congregation l5”

Addis

openly

agreement

the

the 193 members

any of

of

and

on

Patriarch

the

Holy

subsequently been seen

monitors, Battersea.

regime

left

‘any

not

14

These from

that

least Some in

members

Archbishop

dramatic complete

congregation.

had

synod

context was

protest when

and

that

At

Paulos

the

to

practice,

and

and

the Tsion

the

Tigrean

the

London: should

who

the

church effect.

This

of

London.

time

this,

In building

to

in

in

the

a

the

this

international

of

from Abune

usual unfair.

dead

Debre

vote

name

at

seeking

to

of

North

of

by

Southwark

Army Patriarch

to

with

church

the

significant

church

in and

prayers.

2005

of

members.

was

Mary’s

for

issued

office

the

popular

St

highly

Ethiopian rigged pray ETOC patriarch by Patriarch’s criticized Contrary of

church a distancing Ethiopian

disapproved was congregations Gabriel

the Southwark

Bishop Tsion sell

Anglican

August

(v) I

in

St

to of to

its

the

the the

that

(Aba

legal

when

is

the

to

Abune

Church

Court.

than

it

awarded

supreme

began

of

the

governing

London

synod,

priest

the 2012

according

in and

its

a

Archbishop

minister

graphically

Court

objects

believers. Orthodox

Ababa

church’s

until

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77. repeated references to the various leaflets and its published guidance on various topics. These we read and were strongly advised to comply with. We tried our hardest to do so but without

success in finding any form of resolution to the problems of the charity: mediation is a good example, which foundered on the

unwillingness ofAba Girma Kebede to engage at all.

78. Matters only changed late in 2013 after the church had been closed

and the charity bank account had been frozen for 7 months. The

Commission, we later learned, had opened a regulatory case. On

13th November 2013 the Commission wrote (tab 11 pages 137 —

140) that it appeared to them that the 2007 trustees (including

those who had retired in 2012) were still validly in office and had

full authority to deal with all matters. As explained above at length

in connection with the issue of terms of office and quorum, this

analysis did not accord with that of myself or the Members. This was pointed out to the Charity Commission who by letter of 19th December 2013 (tab 12 pages 141 to 151) accepted that the 2007 trustees should stand aside and that fresh elections should be held. The Commission produced an Action Plan under s.15(2) of the

Charities Act 2011 which set out certain prescribed steps that it required should be taken to restore governance and the proper

functioning of the charity. Step 1 involved the opening of

communications between the 2007 trustees and the Members by 31St December 2013. We instructed our solicitors to write to the

45 I

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