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'n Doelwitbestuursprogram vir atletiek aan Blanke sekondêre skole in Transvaal / Leon OberholzerOberholzer, Leon January 1987 (has links)
A formal hierarchical structure in schools results in a centralised form
of management. Management by objectives can break a formal hierarchical
structure at a school with the result that members of the staff will participate
more readily.
There is a relationship between play, game and sport, forming a
continuum leading from play to game to sport. This continuum is not only
continuous but it is also mutually inclusive and interwoven.
Education is the most complete equipment of the religious human being
regarding occupational fulfilment. School athletics can be used extracurriculum
to educate children totally. There is a relationship between
instruction and school athletics.
Modalities as basic forms of reality include certain implications regarding
school athletics and its management. These implications reveal certain
values extending from the arithmetical to the credible modalities. Massparticipation
should be the starting point in order to fully utilise the
values of school athletics.
Management by objectives can be defined as a way of management where
management takes place on the basis of objectives formulated by way of
participation and endeavouring to reach these objectives within a set time
limit. Personal objectives of staff must coincide with the organizational
objectives and the testing and evaluation of the results must take place
by means of achievements based on the objectives.
The implementation of certain steps result in a management by objectives
plan for school athletics. If such a plan is put into operation it provides
a school with a unique management by objectives programme for school
athletics.
The problems contained in management by objectives could paramountly
be seated in human behaviour. Through dedication and enthusiasm of the
executive council, especially the principal, these problems might be
bridged. Management by objectives can thus be applied successfully in
schools. / Skripsie (MEd)--PU vir CHO, 1988
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Enkele opvoedkundige aspekte van gesagstoepassing in Transvaalse Afrikaanse hoërskole / Willem Johannes BoshoffBoshoff, Willem Johannes January 1976 (has links)
1. Reason for the investigation.
Authority and responsibility go hand in glove. Senior executive posts
carry heavy responsibilities, but arc vested with corresponding authority.
The implementation of authority in Afrikaans High Schools has boon
studied to ascertain :
• a fundamental foundation for a healthy approach to the question of
authority;
• how a policy of authority is compiled and which rules and regulations,
methods and techniques be implemented.
The task of the school principal has further been studied to ascertain
what is being done and what can be done to minimize problems in connection
with the implementation of 2nthority.
2. The method used for the investigation,
By studying the attitude of authority in literature; through the medium
of a questionnaire sent to school principals and by application of the
principles sot down in the Holy Scriptures, a standard for the application
of the vested authority could be formulated.
3. Finding.
3.1 Summary of the contents:
Chapter 1. In this chapter the concept formulation, the aims of
and the reason for the investigation were stated.
Chapter 2 discusses authority as the ability to give instructions and
take decisions by which others must abide. Authority means "to have
control over". God is the source of all authority. It has been
found that the authority-crisis in education is seated rather in
ideological differences than in the difference between adult and
child. On the authority of God's Holy word communism, liberalism,
permissiveness, etc., were weighed and found wanting. The dangers
lurking in the confusion and weakening of Christian principles are
discussed. It is further stated that under the correct authority
the educated, who is free to do as he wishes, chooses the Path of
Truth.
In Chapter 3 the questionnaire is discussed and an account given
of the replies received. Despite shortcomings in the questionnaire,
valuable data was collected.
In Chapter 4 a valuation of the authority vested in a high school
was assessed. It is declared that a high school would be an excellent
institution for authority if dedicated educators, through
personal involvement, honesty, hard work, sympathy and inspiration
could succeed in influencing pupils to dedicated effort, determination
and the acceptance of Christian values.
Delegation of authority is considered in Chapter 5. It is an
expedient which, used correctly, can be of inestimable value to
a principal. Methods of delegation are discussed.
In Chapter 6 attention is given to the necessity of discipline and
school rules. Rules must be reasonable and lead to self-discipline.
According to principals, school rules originate mainly as a result
of two reasons:
• it is imperative for a school to ensure that everyone benefits
from the educational programme:
• it is imperative that the pupils themselves learn to respect
authority and to lead them to responsible self-disciplined
citizenship with respect for order, co-operation and the bonds
of a Christian community. Discipline and rules are not an aim
in themselves, but are aids to more elevated educational objectives.
The danger of too many "don'ts" is that undecided,
irresolute people, who are under the impression that everything
which is not specifically forbidden is permissible, will emerge.
Chapter 7 deals with the implementation of the democratic principle
in high schools. With careful application of the system, subordinates,
especially scholars, can share in the application of this authority.
In this manner a constructive contribution can be made to solve the
problem of the shortage of leaders, resulting in responsible, self-reliant
people.
The school principal in his office is considered in Chapter 8. His
task, character and problems are discussed, and full consideration
given to aids for the prevention of problems in regard to discipline.
The most important accessories namely discipline, sound human
relationships, a happy staff and pupils are studied. A principal
must maintain a pious atmosphere in his school. It is further
pointed out that vocational consciousness, love, strong leadership
qualities and the ability to inspire are essential characteristics in
a principal. This chapter explains that although principals are
entrusted with a task which would probably become progressively more
difficult, they could call on help from above:
“Faithful is he that calleth you, who also will do it".
(1 Thes. 5: 24).
In Chapter 9 the summary of the contents, the findings from the
literature and the recommendations are given. The important
findings from the questionnaires have been used through the whole
contents, and some interesting facts emerged, which are briefly as
follows:
• The majority of principals of Afrikaans High Schools who
completed the questionnaire were Afrikaans-speaking.
• 52,2% of the principals h:we had less than five years'
experience.
• 66% of the schools have written school regulations. 87% of
those regulations have not been submitted to the Transvaal
Education Department.
• 63% of the principals are of the opinion that the school’s
authority also applies after school hours outside of the
school gates.
• With regard to hairstyles 46% consider that their rules are
more strict than neighbouring schools, and 80% have stricter
rules at school than those enforced by the parents.
• 67% allow no dancing at school whatsoever.
• 84% find that pupils comply spontaneously with school rules.
• 51% do not separate boys and girls during breaks.
• 91% know to what church denomination the head prefects belong.
• 16% practise democratic prefect elections by pupils.
• 75% hold prefect elections where both teachers and pupils vote.
The greatest single problem at schools appears to be in finding
suitable staff for the various posts. Parents support the school's
authority and principals are of the opinion that the majority
of parents prefer a strict school.
Principals are of the opinion that their wives are not in duty bound
to partake of any work at school, but that on investigation they may
help.
A list of preferences for arriving at decisions in regard to
authority is given.
A further list of preferences for ideals for their school is also
given, as well as a list of the tasks which principals find most
difficult in their application of the authority vested in them.
The findings from the literature are mainly as follows:
There appears to be strong, revolutionary, unchristian attitude in
education, the whole crisis being seated in the conflict of forces
which do not acknowledge God and the Christian philosophy. It
appears that change is imminent, the problem being where changes
are to be made. Mortimer Smith says "But change must be based
on something more substantial than the slogans, ideological zealotry,
and utopian sentimentality that all too often mark the movement for
alternative schools”.
The following recommendations are given:
Christian educators will have to reflect on their vocation lest they
fall into the trap where the means are regarded as the end, and where
everyone is satisfied as long as good citizens are the end product
of their work as teachers. Vague devotion and half-hearted education
do not meet the demands of the present time. The onslaught against
Christianity is too fanatical.
Too much is speculated about the superficial and non-essential in
the implementation of discipline. Young people are driven away
from authority by attempts to enforce rules, which were not founded on
sound and strict principles. The demands of discipline must rest on
sound principles and the child must be led to decide for himself
whether he wishes to build on those principles.
Problems encountered in this investigation which require further
research are mainly:
• How many ideal scholars who are dedicated Christians remain thus
once they leave school?
• Why does an antipathy towards religion exist in so many young
people? Is it as a result of their upbringing or have they
received wrong religious instruction?
• The shortage of staff requires urgent research on the question of
how mere work can be done with fewer people. What percentage of
our country's graduated manpower is connected with education,
despite the critical shortage? We must no longer look for men in
the educational field but certainly at methods by which we can
ultimately manage to do more work with fewer men. Educational
research should enter this field of study.
In conclusion it is stated again that all is well in n school where
God is the authority in the hearts and minds of principal, teachers
and pupils. / Thesis (MEd)--PU vir CHO
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Godsdiens, onderwys en politiek in die Kaapkolonie : met spesiale verwysing na die periode 1795-1845 / Dirk Gert Jacobus FourieFourie, Dirk Gert Jacobus January 1953 (has links)
Thesis (MEd)--PU vir CHO
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Die "dogma- en gewetensklousule" in die Onderwysordonnansie van 1953 van Transvaal : 'n histories-prinsipiële studie / Izak Johannes GrovéGrové, Izak Johannes January 1970 (has links)
Thesis (MA)--Potchefstroomse Universiteit vir Christelike Hoer Onderwys, 1971
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Structures for parental involvement in schools for Blacks with special reference to the Vaal Triangle / Johannes Mofana MakoanyaneMakoanyane, Johannes Mofana January 1989 (has links)
In the opening chapter the following issues are addressed:
* Problem of the research.
The problem in this research is:
- to determine whether parents and teachers work together
in the education of the child.
- to determine whether parents and teachers utilise the
available structures created for parental involvement.
- to establish whether parents can contribute effectively
towards the positive learning of the child.
* Aims of the research.
The purpose of this study is:
- to determine the structures in the educational system
for parent participation in the education of the child.
- to identify problems which hinder meaningful •Black
parental involvement in the education of the child.
- to propose possible solutions in order to remedy
problems which have been identified.
* Method of research
The following methods have been employed:
- Literature study, questionnaires, analysis of responses,
interpretation of data, evaluation of data and
scientific writing of findings.
* Demarcation of the field of research
This study is confined to Black parental involvement in the
Department of Education and Training.
In the second chapter the theoretical structures of parental
involvement in the education of the child are discussed.
The four structural moments of the educational system are
looked into under the theoretical structure of the education
system. The following are those structural moments of the
educational system:
- The religious structural moment.
The religious ground motif of the community is
fundamental in all national systems of education. All
systems of education which function normally are based
upon the religious ground motif.
- The temporal structural moment.
The temporal structural moment refers to the fact that
educational systems are time-bound.
- The modal structural moment.
This structural moment refers to the 15 modal aspects of
reality which influence the structure and content of the
educational system.
- The individual structural moment.
The individual structural moment refers to the fact that
everything in the cosmos, just like the educational
system, has its identity as the system of education.
Various other relevant aspects have been discussed in this
chapter.
A historical perspective of Black education is made in chapter
3. The primary aim of tracing the development of Black
education is to discover whether there was any meaningful Black
parental involvement in the education of the child. In the
course of discussion of this historical development it became
evident that the system of Black education developed from the
missionary education, the education of the provincial
administration and the Bantu Education era. The structures of
Black education system is explained with emphasis on the
problems and solutions of Black parental involvement in the
education of the child.
In chapter 4 the research investigation is made. The results of
the responses are critically analysed and objective evaluation
are made. Constant reference is made to the hypothesis
postulated and the theoretical principles of the structures of
parental involvement.
Chapter 5 deals with the conclusions, findings and
recommendations. This implies that all relevant issues raised
in all chapters are summarised and recommendations are also
made. / Thesis (M.Ed.)--Potchefstroom University for Christian Higher Education, 1990
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'n Verantwoordelikheidsmodel vir 'n Departementshoof (Verpleegkunde) aan 'n universiteit / Michael Casper HerbstHerbst, Michael Casper January 1986 (has links)
The role and responsibilities of the departmental head
were identified. Methods whereby these individuals
could obtain the required management skills were identified.
An indication of the amount of time to be spent
on each of these tasks are also given.
Suggestions for further research as well as other recommendations
are made in the last chapter.
Nurses' training, now in its thirtieth year at South-
African universities, is of utmost importance for the
health of the nation. Their education must therefore
be of a high standard. This can only be achieved if
capable heads of departments (nursing) are available. / Thesis (MA et Scien (Verpleegkunde))--PU vir CHO, 1987
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'n Sosiologiese studie van bepaalde aspekte van kunsopvoeding met enkele verwysings na die primêre skool van Transvaal / Hendrik Adriaan RoetsRoets, Hendrik Adriaan January 1971 (has links)
The purpose of this research is to indicate that art education can also
make a particular contribution to the social forming and development of
the child to which Sociology can add knowledge in education.
To achieve this (aim) it is shown how art education has developed
historically from the rational stage of the teaching of drawing up to
the modern concept of creative expression by the child in the primary school.
Conjoined with this modern concept the Calvinistic/Christian's philosophy
of life and education with particular emphasis on the purpose, view of
the child, the content, the method, the discipline; evaluation and
organisation of art education as fundamental foundation of art education
are given in outline. Particular emphasis is laid on the social forming,
i.e. growth and development stages of the child in art education
to which the family group must also contribute by means of co-operation
and interaction with the school.
The views of various researchers and those of the writer-about art education
in the Western world are utilised to Indicate what the excellencies
of art education are or should be. Unfortunately this is not the
case in all the primary schools in Transvaal. These shortcomings are
revealed with directives for the effective realisation of art education
within the framework of the general education and teaching in the school.
Recommendations are made among other things with the view to effective
organisation and administration of art centres at all primary schools in
Transvaal, the utilisation of facilities and stock by the teacher, the
importance of talent, the academical and professional training of
teachers for this task and vocation which is still mainly the Cinderella
in the present construction.
That this subject is done justice to by some schools in Transvaal is
proved by the high quality of child art held at the art exhibition at
the Republic festival in which primary schools in Transvaal took part. / Thesis (MA)--PU vir CHO
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Kindertuinonderwys in Kaapland, met besondere verwysing na Noord-Kaapland / Ignatius Solomon TerblancheTerblanche, Ignatius Solomon January 1966 (has links)
Proefskrif--PU vir CHO
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Die probleem van kommunikasie in die godsdiensonderrig aan die hedendaagse kind / Andries Jacobus van den BergVan den Berg, Andries Jacobus January 1978 (has links)
The ability to communicate is a basic characteristic of man.
Communication therefore fills an important and central place
in Religious Instruction.
Today communication is a problem in all spheres of society and
particularly in Religious Instruction. The fundamental cause
of the problem of communication is the disturbed relationship
between man and God caused by the original sin. The result
thereof is a distortion of all human communication.
Through Jesus Christ man has obtained the opportunity to restore
his relationship with God and thus the possibility of better
human communication. This possibility only becomes reality
when the individual accepts Jesus Christ is the foundation for
true communication.
Before true communication can take place both the child and the
teacher must be in gear with God's Word. The most important
requirement for communication in Religious Instruction for both
teacher and child is that they must be Christians.
The number of non-Christian children in schools is increasing.
This brings a new facet in Religious Instruction which suggests
evangelization, and requires a new approach in respect of the
syllabi, textbooks, training of teachers and classroom teaching.
In order to communicate with the child one must know and understand him. The intellectual level, the environment and the
mental attitude of today's child is in many respects totally
different to that of the child of previous generations. In
order to adapt to the child of today a new approach in Religious Instruction is necessary. The present selection and arrangement of the subject matter in Religious Instruction is outdated and needs to be replanned. It must meet the actuality-requirements of the modern child and society.
Communication has a central place in every aspect of Religious Instruction and therefore the entire method of Religious Instruction must be based om communication. However, at present this is not always the case.
Thorough planning, training and presentation in Religious Instruction is essential, but our trust must not be therein. True communication is the work of God, and the true strength in Religious Instruction is the strength of God. What we actually seek and need in our work is God’s blessing. / Thesis (MEd)--PU vir CHO
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Die gemeenregtelike regspersoon in die Suid-Afrikaanse privaatreg / deur Gerrit Johannes PienaarPienaar, Gerrit January 1982 (has links)
It is a fundamental characteristic of his existence that man will establish
associations. This phenomenon is acknowledged in all spheres of life, in
eluding the juridical. The purpose of this thesis is to examine the
distinctive way in which jurisprudence characterizes human association
conferring legal subjectivity (legal personality) upon it. Prominence has
been given to aspects of legal subjectivity (legal personality) of associations in private law with ideal or non-profit intent. The legal status of
the associative legal person in private law is not governed by statute at
the moment and is therefore determined by the rules of Common law.
Although there is no explicit acknowledgement of the legal person as a separate
legal entity in Roman law, the Roman jurists did record certain features of
co-operative institutions like corpora, collegia. universitates and eodalitates. Early Roman-Dutch jurists did not consider the legal person to be a
separate legal entity either, but they applied the inherited features of
the Roman co-operative institutions to other associative groups like guilds
and churches. The legal person has been acknowledged as a separate legal
entity (legal subject) since the eighteenth century, although the term legal
person only originated towards the end of that century.
The historical part of the investigation reveals the significant fact that
the legal person was already recognized as a separate legal entity in
Medieval canon law. The Medieval Roman-Catholic and the Reformational
concept of the church exerted an important influence on the view held by
later jurists concerning the legal person.
The historical part of the investigation further demonstrates that the
following features of the common law legal person (association or foundation) in South Africa derive from Roman law, canon law and Roman-Dutch
law:
It is composed of people (members or administrators);
It has perpetual succession, i.e. it exists notwithstanding changes in
membership;
It is vested with rights and obligations independent of its constitutive
members or administrators;
It participates in the processes of law through organs;
Through its organs it can exercise an independent volition, and therefore
it has the capacity to act, the capacity to appear in court in its own
name, and to be accountable for its actions;
For its continued existence it has to comply with the requirements for
the conferment of legal personality as laid down by positive law;
It has to have a lawful objective that is not contra bonos mores.
It is noticeable that no authority exists at common law for the current
supposition that the associative legal person is contractually founded,
and also that, at common law, the legal position of the associative legal
person was as a rule distinguished from that of societates (societies or
partnerships), which are contractually founded.
Against this historical background the underlying principles concerning
the legal person were investigated. Since the beginning of the nineteenth
century the Pandectists, in particular, have attempted a theoretical
analysis of the legal person. This gives rise to a number of theories
concerning the legal person. Most of the legal theorists, however, tend
to over-emphasize one aspect or the other. Von Savigny, for example.
stresses the fact that only the individual person (as a moral entity) can
act as an actual legal subject and that the legal person as such is merely
a legal fiction. Von Gierke, on the other hand, argues that the legal person is composed of organs and that it participates in the processes of law
as a super organism with human capacities. Brinz declares that a separate
estate can act as a subject in the processes of law. Molengraaff brings
the actions of the legal person in connection with the members thereof in
their personal capacity; and advocators of juridical realism consider
the legal person to be a nominal reality that really exists, but only as
an immaterial construction of the mind. From the organ theory of Von
Gierke and the functional societal theory of Dooyeweerd, two conclusions,
which I would like to endorse, can be drawn:
Both these jurists agree that the legal person is founded not on con~
tract, but on internal corporate law (interne verbandsreg). Therefore
the statute or constitution is not a contract between the members, but
the internal corporate law on which all legal relations between members
mutually, and towards outsiders. is based.
The legal person is capable of volition and action through organs, and
when the organs will and act, juridically speaking it is the legal person that wills and acts. This renders the legal person capable of
acting, of appearing in court in its own name, and of being accountable
for its actions.
In my opinion the nature of the legal person can only be determined by an
analysis of legal Subjectivity. Using the transcendental-empirical method
as methodological basis, it is imperative in the investigation of legal
subjectivity to take both the theoretical analysis of the concept and its
practical application into account.
The South African legal practice requires the following for the existence
of a legal person:
there must be an entity vested with rights and obligations independent
of its constitutive members or administrators;
this entity must continue its existence notwithstanding changes of
membership;
the entity must pursue lawful objectives that are not contra bonos mores,
To this can be added (although it is not explicitly required) that there
should be an internal structure of authority, arising from the internal
corporate law according to which the organs function. The lack of
authority for the supposition made by the South African legal practice
(according to some verdicts) that the common law legal person is contractually founded, has already been pointed out.
Legal subjectivity is the capacity of an entity to act in a subject in the
processes of law. In my opinion only man can act as a legal subject.
Seen from a Christian point of view, God created man in His image, and
placed him on earth as the pinnacle of creation, to subject, cultivate and
protect that creation. Man owes his ability to take part in the processes
of law to this God-given status, and he derives his legal capacities from
this status. All people are bearers of these capacities, though not always to the same extent. If we deny the legal subjectivity of man, we
lose sight of a given fact of creation. Owing to the demand made by
God in his creation, only man can be a legal subject. To confer legal
subjectivity upon something else than man would be a negation of God's
commands and would detract from man's God-given status. Due to the
occurrence of associating, however, man does not act as a legal subject
only in his individual capacity, but also in association with an organised
group. The important difference, however, is that legal subjectivity accrues to the natural person as a matter of course, while the acquisition
of legal subjectivity (legal personality) by associations is established
according to the legal principles whereby the state regulates society.
When legal subjectivity (legal personality) is conferred, an entity comes
into being (in actual fact consisting of people) that is more than the sum
of its constitutive members or administrators. It is an entity that will
continue its existence notwithstanding any changes of membership and it
is vested with rights and obligations independent of those of its constitutive members or administrators.
Legal subjectivity, therefore, can be defined as that characteristic of
man by which he participates in the processes of law either individually
(as a natural person) or in association with others (as a legal person),
in a distinctive way as a real, concrete organic legal subject), by being
vested with capacities (from which arises Subjective rights and legal
obligations); this capacity of the legal person exists quite independently of that of each of the individuals that associated to form the legal
person. This is an implicit God-given characteristic of every natural
person, while the positive law vested the legal person with the same
Characteristic in accordance with the legal principles whereby the state
regulates society.
The legal person of the common law, vested with legal subjectivity (legal
personality), displays the following features:
It is a real. distinct associative person that participates in the
processes of law as a legal subject. It is constituted of members
and/or administrators (organs) and although it is similar in some
instances to the natural person with regard to the way in which both
participate in the processes of law, not all human capabilities can
be found in the legal person, and even similar capabilities differ
in some respects. In other words, this is no super organism, but a
distinct associative person;
It is a concrete legal entity, because it is constituted of members
and/or administrators. It is not a legal fiction or a mental construction, but a real, existing entity. Even in the case of the
foundation the associative person is situated in the success ion of (an)
administrator(s) that control(s) or administer(s) an estate with a
view to reaching (al predetermined objective(s) within the processes
of law;
It is a separate entity that, although constituted of members and/or
administrators. exists notwithstanding the succession of members and/or
administrators, and it is vested with separate rights and obligations;
It participates in the processes of law by means of organs. The
volition or acts of the organs are the volition or acts of the legal
person, juridically speaking. if it is performed in accordance with
the internal corporate law (as described in the statute or constitution).
This gives the legal person as legal subject the capacity to act, to
appear in court in its own name. and to be accountable for its actions.
The non-statutory associative legal person at common law is not, in my
opinion, contractually founded. but is based on internal corporate law.
This legal phenomenon has to be distinguished from the association with~
out legal personality (which is contractually founded). Features of the
associative legal person are the following:
By virtue of the internal corporate law reciprocal claims are established between members and the legal person as a result of which
performances can be demanded between the members and the legal person
respectively;
The associative legal person is the owner of a separate associative
estate that is engaged and administered by the organs. By virtue of
their claims against the legal person the members have the capacity to
control and to have a say in the management of the estate;
The associative legal person is capable of a separate volition and it
therefore has the capacity to act, to appear in court in its own name
and to be accountable for its actions;
In my opinion the associative legal person can lay claim to personality
rights as a persona. and demand satisfaction in some cases of prejudice
to those rights;
The associative legal person as an entity can not only be held liable
for lawful acts of the organs, but also for the unlawful acts of the
organs, in cases where the legal person directed its volition to effect
a certain unlawful action, or acted with unacceptable negligence. As
it is possible for the legal person to form its own volition, it can
also disclose a guilty inclination. It is furthermore possible for
the legal person to be held liable by means of vicarious liability.
am .of the opinion that the underlying principles of the legal person
at common law present the most suitable basis on which the legal position
of cooperative institutions in private law, like churches, political
parties. charitable institutions, unions and social associations of the
corporative type can be constructed. In doing this the internal legal
relations among the members and external legal actions towards outsiders
is accounted for in the most satisfactory manner. The legal position of
churches is quite distinctive. but in essence it still complies with the
requirements for the acquisition of legal personality at common law. In
my opinion churches should for this reason be acknowledged as legal persons
at common law. The legal position of associations without legal personality (clubs) should be distinguished from the position of legal persons at
common law. Associations without legal personality, like the English
clubs. are contractually founded; their members are co-owners of the
separate club estate and no distinct entity (perosona) is formed.
Although the prerequisites for acknowledging legal personality at common
law have, in my opinion. been defined satisfactorily in the South African
case law, it is not always easy to determine whether these prerequisites
are present, especially in the case of informal associations. In order to
achieve certainty about the law, I would like to propose that a simple
system of registration be introduced for associations and foundations.
Those associations and foundations that would like to confirm their legal
personality to the outside world, can do so by means of registration.
This ought to remove the uncertainties of outsiders (and sometimes members
themselves) as to the question whether an informal social association or
club is a legal person at common law, and if it is, who the authorized
organs are.
Such a system of registration, that would naturally have to be instituted
by statute, should comprise the following:
Legal personality is still conferred according to the requirements laid
down by common law;
An association that complies with the requirements of common law, is
indeed a legal person before registration, but members and administrators can be held responsible personally for actions taken by the organs
on behalf of the legal person;
Registration serves the purpose of proclaiming the legal personality to
the outside world and of indemnifying members and administrators from
being held responsible personally for actions taken by the organs.
This will make it possible to distinguish the following co-operative
institutions:
Registered associative legal persons, the members and administrators
of which cannot be held responsible personally for actions taken by the
organs;
Unregistered associative legal persons, the members and administrators
of which can be held responsible personally for actions taken by the
organs;
Clubs or societies that do not qualify for legal personality, because
of their contractual nature.
Most of the local churches, and without doubt the local Reformed churches,
comply with the requirements for legal personality at common law. Because
of the adoption and application by the South African courts of the English
concept of a church, a conflicting situation has arisen by which local
Churches, although they have indeed been defined as common law legal persons
at times are considered by the courts to be based on contractual legal
relations. No common law authority exists for this point of view,
because legal persons are not contractually based according to Roman-Dutch
law, and the English unincorporated associations that are indeed contractually based, are not acknowledged as legal persons in English law. To
establish the legal position of churches on a purely common law base. one
should, in my opinion, characterize the local churches as common law legal
persons (based on internal corporate law). Such a point of view would
also be in accordance with the fundamental views of Reformed theologians
about local churches.
As a result of the Reformed dogmatics the connection between local Reformed
churches cannot be Seen as a base for an institutionalized body or legal
person, but rather as an experience of the unity existing between local
churches (with the same articles of faith and church government) because
of the fact that all Christians are members of the universal church (the
body of Christ). This means that the Reformed Church in South Africa (as
a group of churches) is not a legal person and therefore it cannot own land
or participate as an entity in the processes of law in any way. It is
therefore suggested that the Administrative Bureau of the Reformed Church(es)
and the governing body of the Theological Seminary of the Reformed Church(es)
act as common law legal persons to perform all the combined legal actions
of the individual local churches. The result is that the national synod or
religious denomination (kerkverband) itself need not be vested with legal
personality. The national synod is a temporary, more comprehensive (meerdere) meeting of the local Reformed churches that is dissolved at the end
of each session. Through the meeting of local churches in the national
synod and other comprehensive meetings. the religious denomination as such
is visibly experienced. In such a way the Reformed concept of church is
taken into account. without losing sight of the necessity that local
Reformed churches sometimes have to enter into combined legal actions. / Thesis (LLD)--PU for CHE, 1983
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