United Methodist Church of Southern Africa and Others v Methodist Church of Southern Africa and Others

• Jurisdiction: South Africa
• Judge: Goldin JA, James JA and Hancke AJA
• Judgment Date: 23 March 1989
• Citation: 1991 (2) SA 138 (TKA)
• Hearing Date: 20 March 1989
• Court: Transkei Appellate Division

James JA:

This is an appeal from the judgment of Davies J dealing with claims made by the rival parties to certain immovable and movable property. I do not propose to set out the terms of Davies J's judgment at this stage but will proceed by setting out the history of the troubles which are besetting the Methodist Church in the Transkei. E

Until the year 1978 the first respondent conducted its affairs in Transkei freely and openly and owned immovable and movable property in the State. However, during that year the Minister of Justice banned it on the grounds that it was an undesirable organisation in terms of the Undesirable Organisations Act 98 of 1975 (Tk). Following upon this F legislation was passed which divested the first respondent of all its property in the Transkei in terms of the Methodist Church of Transkei (Private) Act 41 of 1978 (Tk).

The terms of this Act were as follows:

It recorded that the Methodist Church of Southern Africa had ceased all its activities in Transkei, in terms of the order of the Minister of G Justice as set out above, and that the Methodist Church of Transkei had been established for the maintenance in Transkei of the doctrines and religious usages of the people called Methodists, and it then enacted the following sections which are relevant to this judgment.

'1.

The Church shall be known as the Methodist Church of Transkei H (hereinafter referred to as the Church).

2.

The Conference of the Church shall be known as the Conference of the Methodist Church of Transkei (hereinafter referred to as the Conference) and is hereby declared to be an independent body and the governing authority in and for Transkei of the Church with full jurisdiction over all its ministers, preachers on trial, Churches and missions within Transkei.

3.

The Conference shall have I the power to determine its constitution and to alter its constitution from time to time, to make rules and regulations for the good government of the Church and for the due and proper exercise of its powers and performance of its duties and generally to exercise all such powers and to perform all such functions as may be necessary or expedient for the maintenance, advancement and benefit of the Conference and its functions and the J organisation and objects of the Church.

James JA

4.

All movable and immovable property of whatever nature acquired, administered, controlled or dealt with by or under the control or A direction of the Conference for the use and benefit of the Church shall vest, without payment of transfer or stamp duty, in the President for the time being of the Conference for the benefit of the Church, but subject to any existing charge, obligation or special trust on or over such property, or otherwise lawfully B affecting the same, in trust for such of its uses and purposes as the Conference may from time to time determine, and in trust to exercise such acts of full ownership of any kind thereover and to allow the same to be managed and administered by such representatives or officials of the Church, lay or otherwise, as the Conference may from time to time by resolution prescribe.

5.

C The Registrar of Deeds shall upon production to him of the title deeds of any immovable property referred to in s 4, by any person deputed thereto by the President of the Conference endorse the same to the effect that the immovable property therein referred to is vested in...