Article by Rev Prof. Mary Anne
Plaatjies van Huffel, moderator of the General Synod.
ABSTRACT
In this article, I explore the enactment of the
Uniting Reformed Church in Southern Africa (URCSA) on church judicial and legal
issues. The first part of this article recounts the history of URCSA. The
second part of the article focuses on (1) the legal framework of URCSA, (2) the
legal status of URCSA, (3) the fundamental rights of higher and lower assemblies
of URCSA, (4) judicial procedures with regard to discipline, (5) the scope of
the application of the Labour Law in URCSA, (6) URCSA and the protection of
individuals, (7) URCSA and assets. The third part of the article focuses on
URCSA engagement in public discourse. The fourth part presents two implications
of my analysis, namely: as a general rule that a church should dissolve
properly by taking the steps required by their respective church order or
constitution. Secondly, that provision should be made in the Church Order
for the application of the Labour Law on employment relations in URCSA.
1. Historical background of the Uniting Reformed Church in Southern
Africa
The meaning and implications
of URCSA engagement in legal matters cannot be fully appreciated without an insight
in and due consideration of the country’s historical past. Until the end of the
eighteenth century converts of indigenous people, slaves and members of the
Dutch Reformed Church (DRC) jointly attended services and received sacraments
together (Kriel 1963:54; Nederduitse Gereformeerde Kerk Acta 1829:79,
VI, 6). On the 12th November 1880, the synod of the DRC decided to establish a
separate Nederduitsche Reformed Zendingkerk for people of mixed descent (NGK
Acta 1880:57). The DRC adopted a set of regulations to govern the mission
church for people of mixed descent (Acta NGK 1880:54-57). The Dutch
Reformed Mission Church was constituted in 1881 in Wellington as the first of these churches (Acta NGSK 1881:6).
Consequently the Dutch Reformed Church in Africa (DRCA) and the Reformed Church
in Africa (RCA) emerged during the 19th and 20th
centuries as an effort by the DRC to develop churches along racial lines. On the 09th
March 1910 the Dutch
Reformed Zendingkerk in Orange Free State for black people was established (Acta
Gereformeerde Zendingkerk in the Orange Rivier Kolonie 1910:3). Shortly
afterwards a racial segregated churches for blacks was constituted in Transvaal, Natal and in the Cape Province. It was later followed during 1968 with the
constitution of a racially segregated reformed church for Indians, namely the
Reformed Church of Africa (RCA) (Acta NGK OVS 1906:94; Acta Indian
Reformed Church 1968:21). On the 07th May 1963 at Kroonstad, the Dutch Reformed Mission Church in Orange Free State, the Dutch Reformed Mission Church in Transvaal, the Dutch Reformed Bantoekerk of South Africa and the Reformed Mission
Church in Natal unified and consequently the Dutch Reformed Church
in Africa (DRCA) was constituted. The autonomy of these mission churches was
not acknowledged by the DRC. Since their inception, these churches strived to
have full church judicial autonomy, which culminated in the constitution of
URCSA in 1994 (Plaatjies van Huffel 2008:252). The General Synod of the DRCA
(1974) decided to work towards the reunification of the DRC, DRMC and the RCA (Skema
NGKA 1974:253). Both the DRMC and the RCA made similar decisions during the
seventies. The RCA Synod (1976) decided that: “The family of NG Churches should
become one. The Reformed Church Synod empowers the Synodical Committee to
initiate discussions towards church union with other churches of the NG Family
and that the church councils should be informed accordingly” (Acta RCA
1976:76-77 and 172). On the 14th April 1994, the union between the DRMC and the DRCA was
consummated and the URCSA was constituted (Acta and Agenda General Synod
URCSA 1994:282). The URCSA represents over 500 000 church members in South Africa, Lesotho and Namibia. The URCSA consists of one General Synod, 7 regional
synods, 85 presbyteries and 763 congregations.
2. Legal framework of the Uniting Reformed Church in Southern
Africa
The legal framework
in URCSA consists of the confessional basis and the Church Order.
Amendments to the Church Order and the confessional basis (which are the
Belgic Confession of Faith, the Heidelburg Catechism, the Canons of the Synod
of Dort and the Confession of Belhar) can only be made upon adoption by the
General Synod at a stated meeting, with recommendation to the regional synods
and church councils for approval. In 1986 the DRMC accepted the Confession of
Belhar as a critique on the theological justification of apartheid. The Belhar
Confession became part of the confessional basis of the URCSA in 1994.
Amendments to the confessional basis should be proposed by the General Synod to
the regional synods, and must be approved by a two-thirds majority vote in
regional synods. The General Synod is then only able to ratify the vote at its
next meeting (Church Order General Synod URCSA 2011 art. 11). The
amendment of the Church Order or the confessional basis can take place
by the enactment of a General Synod upon overtures from two-thirds of the
delegates at the General Synod. The Church Order of the URCSA does not
address every situation of the church, nor does it presume to be exhaustive or
to cover everything. Ordinarily, however, when something is not mentioned in
the Church Order of the URCSA the omission is deliberate and
intentional.
3. Legal status of the Uniting Reformed Church in Southern
Africa
Act 108 of 1996 of the
Constitution of South Africa guarantees everyone the right to freedom of
association. South Africa’s legal framework for civil society organisations
enables URCSA to be a legal structure. URCSA is a voluntary association that is
treated as an indivisible whole by the law (universitas). It is an
autonomous body that has its own constitution. In order for a voluntary
association to have body corporate status, the founding document must make
provision for the following: firstly, it must have perpetual succession,
secondly, it must have the capacity to acquire certain rights apart from
the members forming it and no member has any rights by reason of his/her
membership to the property of the association, and thirdly, it must have
the right to hold property in its own name. URCSA generally meet these three
requirements and can thus be deemed a universitas:
- It is structured to continue as an entity notwithstanding a change in membership;
- It is able to hold property distinct from its members; and
- No member can have any rights, based on membership, to the property of the association (Geldenhuys 195:340-368).
Once a church
has been established it is presumed to continue as an entity notwithstanding a
change in membership. URCSA is perpetual. URCSA is governed by the common law
which requires that its objectives are lawful and not primarily for the gain or
profit for its members.
3.1.
Fundamental rights of higher and lower assemblies
in URCSA
URCSA
has a Presbyterian-Synodical system of church governance. According to
Drimmelen (2007:41), the Presbyterian-Synodical system of church governance is
anti-hierarchical, anti-Episcopal, anti-independent as well as
anti-congregational. URCSA is against a hierarchical church governance system
and affirms that the church authority is vested not in individuals but rather
in representative assemblies. The Church Order provides for four grades
of administrative courts, namely: the church council [which has authority over a
congregation], the presbytery [which has authority over a number of
congregations in a demarcated area], the regional synod [which has authority
over congregations within a region] and the General Synod (Acta and Agenda General
Synod URCSA 1994:290). These assemblies exercise all ecclesiastical functions
in accordance with the Church Order. There are stated responsibilities
for each governing body in URCSA. These assemblies transact ecclesiastical
matters only and deal with them in an ecclesiastical manner. These assemblies
exercise judicial as well as legislative powers. The assemblies may delegate to
committees the execution of their decisions or the preparation of reports for
future consideration. They give every committee a well-defined mandate and
require of them regular and complete reports of their work. A report of a
committee, when received by a lower or higher assembly, is the property of the
said assembly, and should be handed to the clerk, with all accompanying papers
(Stephens 1907:137). Each assembly exercises, in keeping with its own character
and domain, the ecclesiastical authority entrusted to the church by Christ. The
Church is a theocracy, with Christ as its Head. The only King and Head of the
Church is the Lord Jesus Christ. All the power that Christ has bestowed upon
His church is conferred upon the local congregation; it resides not only in the
offices alone (Church Order General Synod URCSA 2011 art.1).
A higher
assembly of URCSA deals only with matters that concern it commonly or which
could not be finished in the lower assemblies. The higher assemblies are
composed of office bearers who are delegated by the lower assemblies. Voting
rights are limited to the delegates. The lower assemblies provide their delegates
with proper credentials that authorise them to deliberate and vote on matters
brought before the higher assemblies. A delegate cannot vote on any matter in
which s/he or the church which s/he represents is involved (Church Order Regional
Synod URCSA 2011 art.103.3; Stephens 1907:139). Members may not, without concrete
reasons, decline to vote, as this practice might leave the decision of issues
to a small proportion of the judicatory body. Silent members, unless excused
from voting, must be considered to be agreeing with the majority (Stephens
1907:130). The church council is a permanent, continuing body. The authority of
the church council is original and that of the higher assemblies are delegated.
In each URCSA congregation, there must be a council composed of minister(s) of
the Word, elders and deacons. Tasks that relate to the administration of the
church (such as the calling of a minister of the Word, the approval of
nominations for church office, mutual censure, etc.) are the responsibility of
the church council (Church Order Regional Synod URCSA 2011 art.44). The minister
of the Word has power to convene a meeting of the church council. The minister
of the Word of a congregation is always the chairperson of the church council
except when it may appear advisable for another minister of the Word in the presbytery
to be invited to preside (Stephens 1907:32). When a congregation is vacant
[without a minister of the Word], the presbytery will appoint one of its
ministers of the Word to act as chairperson of the church council (Church
Order Regional Synod URCSA 2011 art.28; Stephens 1907:33).
A presbytery
is an assembly and a judicatory body consisting of all the ministers of the
Word and the church council delegates who represent all the congregations
within the boundaries of the presbytery. There is a balance between the
discretion of the church council and the authority of the presbytery. The
presbytery has the same authority over the church council as the regional synod
has over the presbytery. The presbytery exercises a general superintendence over
the church councils and over the interests and concerns of the congregations
within its boundaries. The church council of each congregation delegates the
minister and a church council member to a sitting of the presbytery. If a
church is without a minister of the Word, or the minister of the Word is
prevented from attending due to church discipline, two church council members
will be delegated (Church Order Regional Synod URCSA 2011 art.49.3).
Voting rights are limited to the delegates. A presbytery functions between
sittings through commissions.
A presbytery
has power:
·
to
enforce the rulings of higher assemblies;
·
to
receive, hear, resolve and decide references, appeals and complaints according
to church procedures or discipline;
·
to
advise and to adjudicate on matters from church councils;
·
to
unite, divide, organise and dissolve congregations (Church Order Regional
Synod URCSA 2011 art.50).
The
presbytery must refer all questions of doctrine to the General Synod. The
presbytery exercises appellate supervisory power over the acts, proceedings and
decisions of the church councils under its authority. The presbytery also has
authority to ordain, install, suspend, declare demitted and declare retired
ministers of the Word (Church Order Regional Synod URCSA 2011 art.136).
According to Stephens (1907:77-79) the presbytery has power to remove ministers
of the Word. Removing ministers of the Word means “releasing them from their
duties in a congregation”. This may be done (1) at the minister of the Word’s
request; (2) on the petition of the congregation (Stephens 1907:79). The
presbytery also approves the disbanding or dissolution a congregation. When two
or more congregations decide to merge, the approval of the presbytery is
required.
A
regional synod of URCSA is a judicatory body, consisting of ministers of the
Word and elders delegated by each of the local congregations within its
boundaries, as determined by the General Synod. Voting rights in a regional
synod is limited to the delegates. The regional synods function between
sittings through commissions. The regional synods determine the boundaries of
the presbyteries (Church Order General Synod URCSA 2011 art.10). A
regional synod exercises an appellate supervisory power over the acts,
proceedings and decisions of its presbyteries. Therefore, a presbytery cannot
unilaterally decide to change its boundaries, unify with other reformed
churches or dissolve. The decisions of the assemblies of URCSA are considered
settled and binding; unless it is proved that they conflict with the Word of
God or the Church Order. Assemblies and church members may appeal to the
assembly next in order if they believe that injustice has been done or that a
decision conflicts with the Word of God or the Church Order (Church
Order Regional Synod URCSA 2011 art.38.7). A request for revision of a
decision shall be submitted to the assembly which made the decision. A regional
synod receives and issues all appeals, complaints and references that affect
decisions of the lower assemblies in its boundaries. The grounds of appeal may
be:
·
irregularity
in the proceedings;
·
refusal
to entertain an appeal or a complaint;
·
refusal
of reasonable indulgence to a party on trial;
·
receiving
improper testimony;
·
declining
to receive important testimony;
·
hastening
to a decision before the testimony is fully taken;
·
manifestation
of prejudice in the conduct of the case; and
·
mistake
or injustice in the decision (Bittinger 1888:72).
The
General Synod is made up of:
·
four
members of the Moderamen (executive) of each regional synod; and
·
one
minister and one church council member from every presbytery in each regional
synod.
The General Synod constitutes
the bond of union and correspondence among lower and higher assemblies of
URCSA. The General Synod is the highest judicatory body of URCSA. The General
Synod has authority over all matters pertaining to doctrine and denominational
polity – it determines the denominational policy of URCSA (Church Order
General Synod URCSA 2011 art.4). The General Synod cannot refer the final
decision on any matter relating to the doctrine of the church to a lower judicatory
body. The General Synod’s judicial decision is final and sets a precedent for
all similar cases. The General Synod determines the boundaries of regional
synods and has the power to create new regional synods if necessary. The
General Synod assists regional synods in the fulfilment of their tasks,
provided that such assistance does not infringe upon the authority of the
regional synods. The General Synod is the legal custodian of the funds,
property, equipment, bequests and other assets given or bequeathed directly to
the General Synod. Any URCSA member has the right to seek redress for any act
or decision of any assembly by appeal or complaint. The General Synod receives
and issues all appeals, complaints and references that affect the doctrine or Church
Order of URCSA. The General Synod has the power to liaise with foreign
churches, on such terms as may be agreed upon by the General Synod and the
corresponding church (Church Order General Synod URCSA 2011 art.12). The
General Synod functions between sittings through commissions and ministries.
A
complaint is a written statement alleging that an action or a decision of an
assembly or officer of the church has violated or failed to comply with the
Church Order. An appeal is the transfer to a higher judicatory body of a
complaint, a charge or a judgement rendered in a lower judicatory body. The
right of appeal belongs to either of the original parties in a case. That right
may be exercised when a party considers itself to be aggrieved by a judgement
of a lower judicatory body. The grounds for appealing include: irregularity in
the proceedings of the lower judicatory body, bias or prejudice in the case and
manifest injustice in the judgement. All proceedings of a church council,
presbytery and regional synod are subject to review by, and may be taken to, a
higher judicatory body by general review and control, reference, complaint or
appeal (Church Order Regional Synod URCSA 2011 art.38.1; Stephens
1907:3). A higher judicatory body may confirm or reverse, in whole or in part,
the decision of a lower judicatory body, or remand the case presented to it
with instructions. Persons who have voted on the matter in a lower judicatory
body, or who have a conflict of interest, shall not vote upon appeal in a
higher judicatory body.
3.2.
Judicial procedures with regard to discipline
In
disciplinary matters, the URCSA’s Church Order Provisions in effect at
the time of the alleged offence are authoritative. This principle ensures that
a person accused of an offence is not tried on the basis of statutes approved
subsequent to the time of the alleged offence. Therefore, disciplinary matters
referred to higher assemblies by lower assemblies should be presented in
accordance with the procedure entailed in the Church Order. The exercise
of discipline in URCSA may take the form of:
·
admonition;
·
rebuke;
·
suspension
from the privileges of membership in the church or office;
·
deposition
from office; or
·
excommunication.
Admonition
and rebuke are pastoral in nature and are exercised by an assembly in the
ordinary course of its proceedings. All further steps of discipline –
suspension, deposition and excommunication – are judicial in nature and require
the formal presentation of charges to a judicatory body. The trial must be
presented in a fair and impartial manner. A member who has been suspended or
excommunicated may be restored to the privileges of membership in the church
upon repentance expressed before the judicatory body that suspended or
excommunicated the member. Public notice of the verdict of a higher assembly
shall be given by the congregation (Church Order Regional Synod URCSA
2011 art.129). The purpose of admonition and discipline is:
·
to
restore those who err to faithful obedience to God and full fellowship with the
congregation;
·
to
maintain the holiness of the church; and thus
·
to
uphold God’s honour (Bittinger 1888:25).
The
suspension of a minister of the Word is imposed by a higher assembly. The
deposition of a minister of the Word shall not be effected without the approval
of a higher assembly (Church Order Regional Synod URCSA 2011 art.127). A
person who has been suspended or deposed from office may be restored to office
upon repentance and renewal of vows before the curatorium, provided that the
higher assembly is satisfied that the honour of the office will no be impaired
and that the welfare of the church will be served by such a restoration.
Restoration after deposition includes re-ordination to office.
Both the
appellant and the respondent have the right to appeal the decision of a
presbytery to a regional synod (Bittinger 1888:62). A complaint is a written
representation by one or more persons, subject and submitting to the
jurisdiction of a judicatory body, to the next higher judicatory body against a
particular delinquency, action or decision of the lower judicatory body in a
non-judicial or administrative case (Bittinger 1888:63). An appeal is the
removal of a judicial case, by a written representation, from a lower to a
higher judicatory body (Church Order Regional Synod URCSA 2011 art.134;
Bittinger 1888:64). When the judgement directs admonition or rebuke, notice of
appeal shall suspend all further proceedings, but in other cases the judgements
will be in force until the appeal is decided. For example, when a person is
suspended from an office by a presbytery, s/he will continue to be under
suspension until the next meeting of the regional synod or synodical commission
when his/her appeal is heard and decided. The appellant and the respondent do
not have the right to be present during the presentation of the case to a
higher judicatory body. Appeals of decisions of assemblies of the church and
such matters requiring formal adjudication are referred to the Judicial
Committee. The Judicial Committee then provide the synod with appropriate
advice on appropriate procedure for handling the matter. The synod may dispose
of a judicial matter in one of the following ways:
·
by
deciding on the matter;
·
by
deferring it to one of its committees for settlement or reconciliation;
·
by
remanding it with advice to the appropriate assembly (Church Order Regional
Synod URCSA 2011 art.135).
The
members of the Judicial Committee must, notwithstanding their duty to digest
and arrange all the papers, prescribe the whole order of proceedings for
members of a judicatory body to hear the case and vote (Stephens 1907:133).
3.3.
Scope of the application of the Labour Law in
URCSA
The
period in South
Africa
since 1994 has been characterised by policy and legislative reforms. The Employment
Equity Act of 1998 constitutes one of the interventions government has made
to redress the imbalances of the past. The act contains a number of provisions
providing for affirmative action and protection against, amongst other things,
unfair discrimination and sexual harassment. The act provides for the
elimination of unfair discrimination by requiring every employer to take steps
to promote equal opportunity in the workplace by eliminating unfair
discrimination in any employment policy or practice. Employment policy or
practice refers to recruitment, job classification, remuneration, employment
benefits, employment terms and conditions, promotion and dismissal. General
Synod 2005 called upon all church members who can be defined according to the
act as designated employers, to take steps to promote equal opportunity in the
workplace by eliminating unfair discrimination in any employment policy or
practice, to ensure the implementation of employment equity to redress the
effects of discrimination in any employment policy or practice, to ensure the implementation
of employment equity to redress the effects of discrimination in order to
achieve a diverse workforce broadly representative of the population. URCSA
emphasises the elimination of unfair discrimination in employment. URCSA urges
local congregations as well as church members, who are designated employers, to
adhere to this act.
URCSA
thus far has not aligned the Church Order with the Labour Law.
Currently, ministers of the Word forfeit their status when they avail
themselves as candidates for political election – examples are Rev C. A. T.
Smith, Rev H. Mbatha, Rev S. K. Mbambo, Rev Dr A. A. Boesak, etc. Due to his
acceptance of the ambassadorship to Russia on behalf of the Namibian government, Rev Dr S. K.
Mbambo forfeited his status as minister of the Word in the church. In March
2004 Rev H. Mbatha, the scribe of the General Synod, forfeited his status after
he availed himself as a premier candidate for the African Christian Democratic
Party in Kwa Zulu-Natal Province (Acta and Agenda General Synod URCSA
2005:26). Rev Dr A. A. Boesak forfeited his status in 2009 when he availed
himself as a political candidate for the Congress of the People. In all the
above cases Rules 3.1 to 3.2 of the Regulations Regarding the Status of the
Minister of the Word were implemented. They read as follows:
3.1. In the following events a minister of the Word
or a legitimated candidate or somebody who received status as a candidate for
ministry shall forfeit his/her status and the secretary of the Judicial
Commission of the General Synod will give notice through the official
communication channels of the church:
3.2. If he/she serves on a political governing body
or if he/she makes him/herself available as a candidate in a nomination or
election contest.
The
General Synodical Commission in 2003 mandated the Permanent Judicial Commission
to table a report on the nature of the relationship between a minister/evangelist
and a church council (and the implications of this for the functioning of
URCSA) in terms of the Labour Legislation (Acta and Agenda General Synod
URCSA 2005:36). This report was never tabled.
3.4.
The URCSA and the protection of individuals
No decisions
regarding the protection of privacy, freedom to marry, the Religious Family
Law, freedom of expression, professional secrecy, medical deontology, cultural
religious freedom, individual religious freedom, collective religious freedom,
organisational religious freedom have been made by URCSA thus far. URCSA will
table the endorsement of the South African Charter of Religious Rights and
Freedoms only at the upcoming General Synod in 2012. URCSA embraces a diversity
of languages and cultures and strive to overcome inequalities in terms of
generation, race, class and gender. At the first General Synod in 1994, URCSA
adopted a gender policy (Acta and Agenda General Synod URCSA 1994:15). However,
recommendations for General Synod 2008 to approve the extension of the same
ethical directives that apply to heterosexual members to homosexual members
were not accepted. Currently confessing homosexual members are not eligible to
occupy some offices (Acta and Agenda General Synod URCSA 2008:115).
3.5.
URCSA and assets
URCSA is
a large property holder. Ecclesiastical property is held by assemblies in
trust, explicit or implied, for ecclesiastical uses. The legal title to
property of an assembly vests in an assembly that has power:
·
to
assign them,
·
to
bring a suit for their recovery if lost, and
·
to
prosecute in case of theft.
A church
council, presbytery or synod accepts and executes deeds for the furtherance of
the purpose of the congregation, presbytery or synod. A presbytery or synod may
buy, sell, lease or mortgage property. The church council holds the authority:
·
to
bargain, sell, convey, mortgage, lease or release any real estate belonging to
the congregation;
·
to
erect and repair church buildings, parsonages and other buildings for the
direct and legitimate use of the congregation.
However,
no purchase, sale, conveyance, mortgage or lease can occur unless the
affirmative vote of a majority of the members of the congregation is obtained (Church
Order Regional Synod URCSA 2011 Regulation 8.6.4). Members of a local congregation
have a voice in the acquisition, management and disposal of ecclesiastical
property. No sale, mortgage or transportation shall be made, which would be
inconsistent with the express terms or plain intent of the grant, donation,
gift, transportation or bequest.
On the 14th
April 1994 during the
foundation synod, the Dutch Reformed Mission Church (DRMC) and the Dutch
Reformed Church in Africa (DRCA) dissolved and the two churches consolidated to
form one church organisation with full corporate power. Decisions were taken by
the DRCA synod in 1991 and the foundation synod on ecclesiastical property. At
the foundation synod it was decided that DRMC and DRCA ceased to exist. It was
also decided inter alia that all the regional synods, presbyteries and
congregations of DRCA and DRMC ceded with the implementation of the Church
Order of URCSA all its assets, liabilities, privileges, properties, rights and
obligations to the regional synods, presbyteries and congregations of URCSA (Acta
and Agenda General Synod URCSA 1994:39; Acta NGKA 1991:393). The
General Synod decided that the management of the ecclesiastical property shall
be vested in the General Synod or the respective regional synods, presbyteries
and/or congregations of URCSA. URCSA was granted authority to take all legal
actions to give effect to the cession and transfer of property (Acta and
Agenda General Synod URCSA 1994:42, 131, 313, 340, 341).
However,
these decisions led ultimately to church schism and court battles between the
DRCA Orange Free State Regional Synod and the DRCA Phororo Regional Synod on
the one hand and URCSA on the other hand. These court battles had a negative
impact on URCSA’s cash strapped budget. On the 27th November 1998, after a lengthy court battle, the Supreme Court of
Appeal ruled that the decision of the DRCA General Synod in 1990 to amend the Church
Order of the DRCA as ultra vires. Amongst other, the DRCA General
Synod had no right to transfer property rights of the DRCA congregations and
regional synods to the new legal entity called URCSA (Acta General Synod
2001:134; Nederduitse Gerformeerde Kerk (VS), Nederduitse Gerformeerde Kerk in
Afrika (Phororo) en die Verenigende Gereformeerde Kerk in Suider-Afrika
536/96:11). No provision was made in the constitutions of the respective two
churches for the proper dissolution of their constituencies and the transfer of
assets to the new church organisation. No dissolution decision was made
according to appeal judge, Justice Vivier, by the DRCA Orange Free State and
Phororo Regional Synods (supra 536/96:11). The verdict of the Supreme
Court of Appeal in 1998 affirmed that DRCA, as a legal corporate entity,
remains.
No
provision is made in the Church Order of URCSA that if a congregation does
not comply with the Church Order procedures, then the congregation
should forfeit all its right, title and interest in and to its property to the
presbytery within which it is located. When, for some reasons, the interests of
the members in particular and of the church in general would be, in the
judgement of the presbytery, best served by dissolving the congregation, the
presbytery shall formally declare it dissolved, and shall direct the scribe of
the presbytery to issue certificates of transfer for the remaining members to
other congregations in the boundaries of the presbytery.
4. URCSA and politics
URCSA
thus far has not expressed its opposition to legislation and policy affecting
what some will see as the Judeo-Cjristian ethos, for example:
·
The
National Gambling Act of 1996,
·
The
Lotteries Act of 1997,
·
The
Film and Publication Act of 1996,
·
Capital
Punishment and the Criminal Law Amendment Act of 1997,
·
Choice
of Termination of Pregnancy Act of 1996,
·
Education
Laws Amendment Act of 1999,
·
South
African Schools Act of 1996,
·
Broadcasting
Act of 1999.
URCSA
has made no official comment on the legal position of religious marriages
and/or popular culture thus far. URCSA sees itself as part of the society, as
such, as an institution among other institutions and other social structures
such as the state, the school, industry and others, it lives and works. In as
far as the reigning legal order of society does not conflict with the Word of
God, URCSA lives accordingly (Church Order General Synod URCSA 2011
art.12). URCSA presumes that it is necessary to abide by the laws of the state.
In that sense, the state confines the operation of the church. The state and
its laws, however, do not define what the church is or what it believes to be
its calling in Jesus Christ. At the same time, URCSA demands recognition by the
governing authorities of its inalienable right to freedom of ministry, worship
and the organisation of its institution by virtue of its own profession. URCSA
sees it as its task to pray and intercede for the government and society and to
intervene on behalf of the suffering, the poor, the wronged and the oppressed
within society (Church Order General Synod URCSA 2011 art.12).
URCSA
prophetically criticises economic injustices and works towards the building of
a just, participatory and sustainable global political-economic system that
serves all. Therefore, URCSA embarked jointly with the Evangelical Reformed
Church in Germany (ERC) on a project on globalisation. The objective of the
project was to interrogate the issues emanating from the Accra Confession
(developed in 2004), share their experiences from within their different
historical, social, economic, political and theological contexts and to seek
common understanding of the complexities of the challenges confronting the
church and society (Dreaming of a Different World 2010:41).
URCSA
identifies itself with the poor and encourages church members to make and
implement pro-poor commitments and explain to church members why pro-poor
commitments are important (Acta and Agenda General Synod URCSA 2005:149).
The congregation serves God, who in a particular way is the God of the
suffering, the poor and those who are wronged (victimised):
·
by
supporting people in whatever form of suffering and need they may experience;
·
by
witnessing and fighting against all forms of injustice;
·
by
calling upon the government and the authorities to serve all the inhabitants of
the country by allowing justice to prevail and by fighting against injustice (Church
Order General Synod URCSA 2011 art.3, Confession of Belhar 1986 art.4).
The
congregation serves God by witnessing against the state and the powerful in the
society at large. In 2009, URCSA called on all its members
·
to
strengthen the democratic gains made over the preceding 17 years;
·
to
promote human security – such as access to basic services – as a means towards
a just and peaceful society;
·
to
secure economic justice in order to eradicate poverty and inequality;
·
to
advance a culture of moral and spiritual transformation based on care and
dignity.
The
follow challenges in post apartheid South Africa had been addressed by the General Synod of URCSA:
Xenophobia
URCSA
encourages the protection of religious freedom and promotes religious tolerance
for all groups and individuals. The General Synod (2005) noted:
·
the
resurgence of incidents of xenophobia and tribalism;
·
the
growing exploitation of immigrants for cheap labour; and
·
the
conflicts that arise between unemployed nationals and immigrants who compete
for scarce resources and job opportunities.
URCSA
affirmed to render pastoral care and support to the refugees and foreign
nationals (Acta and Agenda General Synod URCSA 2005:106).
HIV/AIDS pandemic including orphans and vulnerable children
The
General Synodical Commission in 2003 agreed with the creation of facilities for
the debriefing or counselling of care-givers who, in the process of caring for
HIV/AIDS infected and affected people, suffer from post traumatic stress
disorders such as depression and burn-out. URCSA welcomes the roll out of the
anti-retroviral medication and urges the Department of Health to accelerate the
process within the context of proper treatment (Acta and Agenda General
Synod URCSA 2005:105). URCSA noted the disastrous reality of women’s death
rate because of lack of healthcare and prenatal care; and called for government
policies that acknowledged women’s sexual and reproductive health and rights.
Policies should confirm women’s bodily integrity and autonomy; and assure
access to healthcare for girls and women, and transform state hospitals and
clinics into spaces that uphold women’s rights (Dreaming of a Different
World 2010:68).
Domestic violence
URCSA
noted the recurrence of domestic violence and requested government to transform
the criminal justice system in order to protect the rights of women and
children. URCSA also noted the horror of human trafficking and human slavery
and called members to seek governmental action to criminalise human trafficking
and to enforce codes which make slavery a crime (Dreaming of a Different
World 2010:67).
Genetically modified products and the bio-safety protocol
The
General Synod in 2005 urged government to see to it that genetically modified
(GM) products reaching the market has been adequately tested and that these
products are being monitored to ensure safety and to identify problems as soon
as they emerge. The General Synod also requested government to comply with the
Bio-safety Protocol and bring its bio-safety legislation in line, at a minimum,
with the international safety standards established by the Bio-safety Protocol
and implement its Precautionary Principle. The General Synod appealed to
government to restrict the experiment with GM organisms (GMO) until the
ecological and social benefits of these experiments have been proven beyond
doubt. URCSA demanded that all foodstuffs and other organic matter containing
GMO must be prominently labelled so that the public can decide if they want to
utilise thee products. URCSA adopted the precautionary principle and proposed
the prohibition of the introduction of GMO until their safety is ascertained;
and that the monopolistic control of seed production and distribution by
multinational biotech companies should be prevented (Acta and Agenda General
Synod URCSA 2005:106).
Climate change
The
General Synod in 2008 accepted a resolution on climate change (Acta and
Agenda General Synod URCSA 2008:100). Amongst other demands, they called
upon government:
·
to
introduce regulatory legislation that will sufficiently reduce CO2
emissions to ensure that global warming remains below the 2 ºC rise;
·
to
end all subsidies to fossil fuel and nuclear energy generation;
·
to
subsidise and promote at all levels – community, municipal, provincial and
national – the development and construction of renewable energy plants.
Economic justice
The
General Synod approved the publication of a booklet on economic policies and
practices to educate and train members, ministers of the Word, church councils and
presbyteries. The booklet must address the problem of consumerism and encourage
members to lead simple lives. The General Synod in 2005 encouraged ministers of
the Word and members to join and actively participate in community development
structures in their fight against poverty and other forms of economic injustice.
The General Synod (2005) mandated the executive to engage government on social
justice issues through the National Religious Leaders Forum and/or other
relevant structures which strive for the creation of a caring society and the
implementation economic policies that are pro-poor. The General Synod (2005)
called on regional synods and congregations to, in addition to paying attention
to the Accra Declaration on the Economic Order, also reflect on John Calvin’s
focus on the poor, the marginalised and the downtrodden in society (Acta and
Agenda General Synod URCSA 2005 decision 8).
5. Conclusion
The
interaction between URCSA and the state on a political and legal level in
post-apartheid South Africa must be understood in terms of URCSA’s history. Part
1 of this article recounts the troubled background of the formation of URCSA.
The article emphasised that the legal framework of URCSA consists of the Church
Order and the confessions. All members, as well as assemblies of URCSA,
must adhere to the Church Order and the confessions. URCSA is a
voluntary association that is treated as an indivisible whole by the law (universitas).
The different assemblies of URCSA exercise both judicial and legislative
powers. Ample provision is made in the Church Order regarding the
judicial steps that must be followed in order to exercise discipline in the
church on an equitable and fair basis. Regarding the protection of its workers,
it seems that URCSA thus far has not aligned the Church Order with the
Labour Law. URCSA does not make ample provision for the protection of
individuals. The church is legally organised to be capable of holding property
in any form. Since formation, URCSA has demonstrated a deep commitment to
social justice issues. I deduce two implications from my analysis of URCSA’s
engagement:
·
Firstly,
that a church must dissolve properly by taking the steps required by its church
order or constitution;
·
Secondly,
that provision should be made in the Church Order of URCSA for the
application of the Labour Law on employment relations in URCSA.
Source: http://ngtt.journals.ac.za/pub/article/view/294
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