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Die implikasies van grondwetlik-gewaarborgde godsdiensvryheid vir die arbeidsregtelike posisie van predikante en ander geestelikesFourie, Pieter,1951- 03 1900 (has links)
Thesis (MBA)--Stellenbosch University, 2002. / ENGLISH ABSTRACT: One of the biggest revolutions in the United States, equal to the political revolution by
which that country came into being, concerns a change in people's concept of God. In
this context, freedom of religion came to playa fundamental role in society.
In the United States religious freedom means that that country's central power should
be completely neutral towards religion. This view is criticised as being the result of
just another philosophical presupposition, called "secular individualism:" According to
this view, state and church (or religion) are rigidly separated. Religion is viewed as an
"irrational power", and should be limited to private life only.
The South African Constitution did not follow this route. The state is not expected to
be secular. It may even create circumstances conducive to the promotion of religion,
although it should remain neutral towards specific religions.
In South Africa religious freedom entails the acknowledgement of a group right, an
important aspect of democracy, as long as the exercise of this right contributes
towards tolerance and cultural openness. The premise is that the exercise of
collective group values can play an important role to inspire people towards
embracing human rights (which lie at the heart of the Constitution) as a core value of
their social morality. I also deal with the problem of the limitation of this group right.
Religious freedom further entails that the courts should not embark on judging in the
theological and doctrinal conflicts of religious groups. However, churches cannot
withdraw themselves from the ambit of the courts' authority, although this authority never allows for a decision about the internal dogmatic affairs of churches, It only
applies to its administrative legal acts, particularly concerning the position of its paid
officials.
I further deal with the church as a legal entity, and confront the problem of the South
African jurisprudence that treats the church as a mere voluntary organisation. The
thesis is that the church is a legal entity sui generis. In other word, the church's legal
status emanates from within, and is not bestowed upon it. From a legal point of view;
the church should primarily be judged on the basis of its own ecclesiastical statutes.
Thereafter I discuss the labour law position of ministers, referring to a number of
labour court cases in which ministers were involved. The conclusion is that a minister
is not an employee in the ordinary, legal sense of the word, but rather an independent
contractor or atypical worker. The nature of his work is such that his divine calling not
only encompasses his working life, but his whole life, in the service of God as his
employer. As such, the minister's position is fundamentally different from that of an
ordinary employee.
I take the position that this view is the best way of expressing the church's
uniqueness, constitutionally guaranteed, as well as the theological dimension of the
church as a unique communal body.
Against the minister's possible vulnerability towards exploitation and possible loss of
his or her livelihood, he or she enjoys a constitutional as well as an administrative law
guarantee. / AFRIKAANSE OPSOMMING: Een van die grootste revolusies in die VSA soortgelyk aan die politieke revolusie
waardeur Amerika tot stand gekom het, raak mense se Godsopvatting. In dié konteks
speel die begrip godsdiensvryheid 'n fundamentele rol.
In die VSA beteken godsdiensvryheid dat dié land se sentrale gesag heeltemal
neutraal is teenoor godsdiens. Die kritiek hierop is dat so 'n opvatting voortkom uit 'n
spesifieke filosofiese voorveronderstelling, naamlik "sekulêre individualisme". Hierin
word staat en kerk (of godsdiens) rigied van mekaar geskei en die invloed van
godsdiens as 'n "irrasionele mag" slegs tot die privaatlewe beperk.
In Suid-Afrika volg die Grondwet nie dieselfde weg nie. Van die staat word nie verwag
om sekulêr te wees nie. Dit mag selfs omstandighede skep om godsdiens te
bevorder, alhoewel dit neutraal teenoor spesifieke godsdienste moet wees.
Binne die Suid-Afrikaanse opset beteken godsdiensvryheid dus erkenning aan 'n
groepsreg, wat 'n vername aspek van demokrasie is, solank die beoefening van dié
groepsreg bydra tot toleransie en kulturele openheid. Die premisse is dat die
beoefeninq van kollektiewe groepswaardes 'n belangrike rol kan speel om mense te
inspireer om ook menseregte (die hart van die Grondwet) as 'n kernwaarde van hulle
sosiale moraliteit te aanvaar. Die probleem is of beperkings op hierdie groepsreg ooit
geoorloof sou wees.
Godsdiensvryheid beteken verder dat die howe nie tot die beoordeling van die
dogmatiese en teologiese twispunte van godsdienstige groepe mag toetree nie. Die kerk kan homself egter nie aan die gesag van die howe onttrek nie, alhoewel dié
gesag nooit vir 'n beslissing oor die interne dogmatiese sake van die kerk geld nie,
maar net vir sy administratief-regtelike handelinge - in die besonder waar dit die
diensposisie van die kerk se betaalde ampsdraers aangaan.
Ek handel verder oor die kerk as regspersoon en konfronteer die probleem dat die
Suid-Afrikaanse regspraak die kerk bloot as 'n vrywillige organisasie sien. Die tese is
dat die kerk 'n regspersoonlikheid sui generis is. Dus kom die kerklike
regspersoonlikheid eintlik vanuit die kerk self voort. Regsvrae binne die kerk moet
dus primêr aan die hand van sy eie statuut of Kerkorde beoordeel word.
In die lig van die voorafgaande bespreek ek vervolgens die arbeidsregtelike posisie
van die predikant na aanleiding van verskeie arbeidshofsake, en bevind dat hy of sy
nie in 'n kontraktuele diensverhouding staan nie, maar eerder 'n onafhanklike
kontrakteur of 'n a-tipiese werker is. Die aard van die predikant se werk as
Godsgeroepene omvat nie net die arbeidslewe nie, maar die hele lewe wat hy of sy
onder die beheer van sy of haar Werkgewer stel. Dit maak dat die predikant se
posisie fundamenteel van dié van 'n gewone werknemer verskil.
Ek handhaaf die posisie dat dié standpunt die beste gestalte gee aan die uniekheid
van die kerk wat deur middel van grondwetlike godsdiensregte gewaarborg word,
asook die teologiese dimensie van die kerk as 'n unieke samelewingsverband.
In die aangesig van moontlike uitbuiting is die predikant se lewensonderhoud of
"traktement" egter gewaarborg in soverre hy of sy 'n grondwetlike sowel as 'n
administratief-regtelike aanspraak op 'n billike bedeling binne die kerk het.
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Proverbs 31:10-31 in a South African context : a bosadi (womanhood) perspectiveMasenya, M. J. (Madipoane Joyce) 06 1900 (has links)
One of the presuppositions of the present research is that readers and their contexts play a significant role in the interpretation of biblical texts. The key text of this thesis is Proverbs 31: 10-31 and the main readers are African women in a kyriarchal South African (Northern Sotho) context. Given their context of a multiplicity of oppressive forces ( racism, sexism, classism and African culture), how can these women read Proverbs
31: 10-31 appropriately with a view to their liberation? The researcher proposes a new woman's liberationist perspective, a Bosadi perspective, a perspective committed amongst others, to the African-ness of the African woman in South Africa. The question is: If Proverbs 31:10-31 is read from a Bosadi (Womanhood) perspective, how will the Northern Sotho women in a South African context find the text - a text emerging from a kyriarchal Hebraic culture? Will they find it to be oppressive or liberative or will it be found to be containing both elements? The present researcher, like many reformist women liberation biblical scholars (cf some
feminists and womanists ), argues that though the Bible emerged from patriarchal cultures, and contains elements oppressive to women, it also has liberative elements. Through the use of socio-critical hermeneutics, reception criticism and historical-criticism, evidence supporting this came to light as the present researcher re-read Proverbs 31:10-31 from a Bosadi critical perspective. It is therefore argued that when the Bible was used by the previous proponents of apartheid to subordinate people of other races, Black Theologians re-read the Bible from a Black perspective and used it for the racial liberation of Black South Africans. Likewise, an average South African woman, particularly an African woman, is basically a victim of male interpreters who use the Bible to subordinate women. It is the task of all African women to take the responsibility upon themselves to use appropriate tools in re-reading the Bible in order to discover that the Bible does not only alienate them, it is also the liberating word; the word which makes more sense to them because of their relationship with the Word which became flesh (Jn 1:1). / D. Litt. et Phil. (Biblical Studies)
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An appraisal of the spirituality of Methodist women in post apartheid South AfricaPreston, Anne 31 December 2007 (has links)
This thesis will examine the issues of women's spirituality, suffering, their survival in the midst of suffering. These issues will be examined in the context of a post-apartheid South Africa within a Christian framework looking at issues of faith and spirituality. More particularly the Methodist church will be examined, looking at key aspects of its spirituality and how that might have contributed and provided for its women. Two of the Methodist Women's organisations, the Women's Manyano and the Women's Auxiliary will be looked at; their history and significant aspects of their programmes and structures that have led them to be important places for the women who are part of them. The thesis will seek to determine how the Methodist Women's organisations have impacted the spirituality of two women especially when they have gone through difficult times. The lives of these two women are examined through conversations the author has with them. In particular the author will examine particular circumstances of these women and seek to set them against a background of their spirituality and in particular whether their particular Methodist organisation played any role during this time. / Christian Spirituality, Church History and Missiology / M. Th. (Christian Spirituality)
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Liberation through Salvation: the Medieval Western European and South African experiences (1860 to 1994) compared through a selection of religious iconographyArthur, Duncan Malcolm 31 October 2007 (has links)
The medieval period (approximately 800 to 1300 AD) in Western Europe is noted for its rich tradition in religious Roman Catholic iconography. Frequently the only art works to be produced in the period, or to have survived, are religious icons of the period reflecting the dominant nature of the feudal structure of society and the oppressive circumstances that led to their execution. The works can be seen as a means of escape, although in an afterlife, or they might also be interpreted as a protest against the oppressive nature of the condition of the artist. The "rigidity" of a medieval existence and the utilisation of religious art as a means of expressing unhappiness with that existence may, as it is argued here, be interpreted as a means of protest. Rigid and oppressive political structures are not isolated to any particular historical period. South Africa too was an oppressive society where the material and political advancement of the majority of the population was stifled through discriminatory legislation and similar means making meaningful protest difficult, if not dangerous. This dissertation argues that religious art too became a means of protest in a manner intended to reflect the religious viewpoints of the artist but with political intentions and subtext. Similar themes in modern South African iconography (from approximately 1850 to 1994) and medieval prototypes are therefore discernible. / History / M.A. (History)
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Religion, identity and community : the religious life of Portuguese women in DurbanPereira, M. Victoria (Maria Victoria) 11 1900 (has links)
This descriptive study investigates the link between religion, (institutional and private)
identity (ethnic and personal) and the community (Portuguese and South African) in the
context of religious and cultural pluralism. It analyses sixteen Portuguese women in
Durban - nine Roman Catholics, five Protestants and two agnostic and it is executed
within the framework of the theory of conditionalism or 'radical relationality', as
expounded by J.S. Kruger.
The religious practice, experience and identity of the participants are explored, and their
social integration as well as famiIy and marital relationships (with special reference to
submissiveness) are examined in the light of Catholic Feminist theology. The influence
of their experiences on their religion and vice-versa, as well as the fluidity of their
identities are analysed.
The. results of the study highlight the paradoxical role of religion, as well as a decline in
ethnic identity and Catholicism. / Religious Studies and Arabic / M. Th. (Religious Studies)
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Liberation through Salvation: the Medieval Western European and South African experiences (1860 to 1994) compared through a selection of religious iconographyArthur, Duncan Malcolm 31 October 2007 (has links)
The medieval period (approximately 800 to 1300 AD) in Western Europe is noted for its rich tradition in religious Roman Catholic iconography. Frequently the only art works to be produced in the period, or to have survived, are religious icons of the period reflecting the dominant nature of the feudal structure of society and the oppressive circumstances that led to their execution. The works can be seen as a means of escape, although in an afterlife, or they might also be interpreted as a protest against the oppressive nature of the condition of the artist. The "rigidity" of a medieval existence and the utilisation of religious art as a means of expressing unhappiness with that existence may, as it is argued here, be interpreted as a means of protest. Rigid and oppressive political structures are not isolated to any particular historical period. South Africa too was an oppressive society where the material and political advancement of the majority of the population was stifled through discriminatory legislation and similar means making meaningful protest difficult, if not dangerous. This dissertation argues that religious art too became a means of protest in a manner intended to reflect the religious viewpoints of the artist but with political intentions and subtext. Similar themes in modern South African iconography (from approximately 1850 to 1994) and medieval prototypes are therefore discernible. / History / M.A. (History)
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An appraisal of the spirituality of Methodist women in post apartheid South AfricaPreston, Anne 31 December 2007 (has links)
This thesis will examine the issues of women's spirituality, suffering, their survival in the midst of suffering. These issues will be examined in the context of a post-apartheid South Africa within a Christian framework looking at issues of faith and spirituality. More particularly the Methodist church will be examined, looking at key aspects of its spirituality and how that might have contributed and provided for its women. Two of the Methodist Women's organisations, the Women's Manyano and the Women's Auxiliary will be looked at; their history and significant aspects of their programmes and structures that have led them to be important places for the women who are part of them. The thesis will seek to determine how the Methodist Women's organisations have impacted the spirituality of two women especially when they have gone through difficult times. The lives of these two women are examined through conversations the author has with them. In particular the author will examine particular circumstances of these women and seek to set them against a background of their spirituality and in particular whether their particular Methodist organisation played any role during this time. / Christian Spirituality, Church History and Missiology / M. Th. (Christian Spirituality)
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Religion, identity and community : the religious life of Portuguese women in DurbanPereira, M. Victoria (Maria Victoria) 11 1900 (has links)
This descriptive study investigates the link between religion, (institutional and private)
identity (ethnic and personal) and the community (Portuguese and South African) in the
context of religious and cultural pluralism. It analyses sixteen Portuguese women in
Durban - nine Roman Catholics, five Protestants and two agnostic and it is executed
within the framework of the theory of conditionalism or 'radical relationality', as
expounded by J.S. Kruger.
The religious practice, experience and identity of the participants are explored, and their
social integration as well as famiIy and marital relationships (with special reference to
submissiveness) are examined in the light of Catholic Feminist theology. The influence
of their experiences on their religion and vice-versa, as well as the fluidity of their
identities are analysed.
The. results of the study highlight the paradoxical role of religion, as well as a decline in
ethnic identity and Catholicism. / Religious Studies and Arabic / M. Th. (Religious Studies)
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Hearing all the drums: towards a more inclusive congregationMongwe, Justice Mavanyisi 28 February 2007 (has links)
HEARING ALL THE DRUMS: TOWARDS A MORE INCLUSIVE CONGREGATION is about
increasing the participation of women in positions of both leadership and church
ministry praxis within the Seventh Day Adventist church in South Africa. Women have
been excluded in the office of elder, and have been generally excluded from preaching
during the worship hour.
The research process followed a participatory way of doing research, while using
theories on social construction and post-modernist epistemological approach. The
theologies that inform this work are contextual in nature and include African and
Feminist theologies. In the pursuit for change, however, care is maintained to use
inclusive practices that attempt to avoid polarising the congregation and their
concomitant theologies. / Practical Theology / M.Th. (Pastoral Therapy)
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Bishop Dr S. Dwane and the rise of Xhosa spirituality in the Ethiopian Episcopal Church (formerly the Order of Ethiopia)Mtuze, Peter Tshobiso 30 June 2008 (has links)
The thesis consists of seven chapters with each chapter focusing on a particular aspect of the research topic.
Chapter One deals with conventional preliminaries such as aim of study, method of approach, literature overview and other introductory material.
Chapter Two is an an overview of the foundations of Bishop Dwane's spirituality and his church's struggle for autonomy. It also covers the origins, the nature and the purpose of Ethiopianism as the central thread in Dwane's theologizing and family history.
Chapter Three reflects the attitude of the Anglican Church to African traditional culture as reflected in three historical phases - the era of total onslaught on African culture and religion, the period of accommodation, and the phase of turning a blind eye to these matters for as long as Anglicanism remains intact.
Chapter Four contains Dwane's views on various cultural issues culminating in his decision to indigenize his Ethiopian Episcopal Church's liturgy and other forms of worship by incorporating traditional healers into the church and invoking the presence of Qamata and the ancestors in worship.
Chapter Five analyses Dwane's prophetic spirituality as evidenced by his advocacy role in fighting for justice and human rights in this country. He relentlessly fought for the rights of those who were victimized by the government of the day, and those who were willfully discriminated against.
Chapter Six is on the evolution of an authentic Xhosa spirituality, in particular, and African spirituality in general, in the Ethiopian Episcopal Church. While the main focus of the study is the evolution of Xhosa spirituality, it should be emphasized that the thrust of Dwane's theologizing extended to the evolution of other African spiritualities in the broader church.
Chapter Seven is a general conclusion that highlights the main elements of Dwane's spirituality and the heritage he left behind in this regard. / Christian Spirituality, Church History and Missiology / D. Th. (Systematic Theology)
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