Mankatshu v Old Apostolic Church of Africa and Others

• Jurisdiction: South Africa
• Judge: Beck CJ, Goldin JA and Dumbutshena JA
• Judgment Date: 06 May 1993
• Docket Number: 1229/90
• Hearing Date: 06 May 1993
• Court: Transkei Appellate Division

Dumbutshena JA:

The appellant was a priest of the Old Apostolic Church of B Africa until he was removed by the Apostolate on 14 June 1990. He paid his tithes regularly. He did not receive a salary from or any benefit for the services he rendered as a priest. He was a non-stipendiary self-supporting priest.

The first respondent in this appeal is the Old Apostolic Church of Africa. C It has a constitution of its own. It is an unincorporated religious association established in South Africa in 1884 to promote and propagate the Christian faith.

The highest authority in the church is the Apostolate which consists of apostles. Apostles are the leaders of the districts of the church. In terms of the constitution of the church the Apostolate has authority in D all matters, spiritual and temporal, in the church.

An apostle is subject to the authority of the Apostolate. His duties in terms of the constitution are 'to ordain, recall, restrict (partially or totally) the powers of, or remove from office any officer'. He can also expel and/or excommunicate any person from membership of the church. The apostle manages the spiritual and temporal affairs of the district. The E following officers are recognised by the church: apostle, helper apostle, prophet/evangelist/overseer (or bishop), elder (or assistant bishop), priest and underdeacon. They serve at the pleasure of the apostolate for an indefinite period and may be classified inactive with retention of office (constitution para 5.5.1).

F The appellant was attached to the congregation of Ngangelizwe Church Hall, Umtata. He was under Overseer or Bishop Desmond Dyani.

What went wrong? There were break-away groups in the church. This resulted, among other things, in Helper Apostle Vuyisile Naboth Vika being demoted to the position of an ordinary member. It is said appellant actively supported the break-away movement.

G The dissident groups unlawfully took over control of church halls belonging to the first respondent. Sometimes there were violent scenes between the dissident groups and the faithful members of the church. Appellant supported the dissident groups. He was advised not to and he was invited to see his superiors. He chose not to do so.

H On 21 June 1990 he received a letter dated 14 June 1990. It was from first respondent. It said:

'Pursuant to your continuous misbehaviour in the Church and disregard of the Church doctrine and order of the Old Apostolic Church of Africa, notwithstanding the disapproval, reproof and warnings of rightful responsible Overseer and Elder conveyed to you, I have to advise you that the Apostolate of the Church and the Apostle of the district have in terms I of the provisions of the Constitution of the Church resolved to:

(1) remove you from office as priest; and

(2) expel and excommunicate you from membership of the Old Apostolic Church of Africa with immediate effect.

Consequent to the above, you are therefore not permitted to attend any J Church activity or enter upon any premises of this Church.'

Dumbutshena JA

A Mr Penzhorn, who appeared for the appellant with Mr Pillay, said this was the wrong thing to do. He contended that the decision to expel and excommunicate the appellant was taken on 22 May 1990 by the Apostolate instead of the Apostle who has the power to do so in terms of the provisions of the constitution.

B This is not a valid point. While the constitution says the apostle can expel and/or excommunicate any person from membership of the church, it does not deny the same power to the highest authority in the church, the Apostolate. In terms of the constitution, the Apostolate 'has supreme power in all matters, spiritual and temporal, relating to the Church . . .'. What the apostle can do, the Apostolate, which consists of apostles in C charge of districts, can do with more authority. The letter written to the appellant by first respondent says that he was removed from office by 'the Apostolate of the church and the apostle of the district . . . in terms of the provisions of the Constitution . . .'.

In terms of the constitution, the decisions of the Apostolate are final D and binding on all officers and members of the church and '(t)here shall be no right of appeal to any court of law or other body in connection with or arising out of its decisions' (constitution para 5.2.5).

The Court a quo dismissed the appellant's application on the ground that it had no jurisdiction to grant the appellant the relief he applied for.

E The learned Judge a quo came to the conclusion that the Old Apostolic Church of Africa was an organisation dedicated to the promotion and practice of the Gospel of Jesus Christ in the doctrine...