• Refine Query
  • Source
  • Publication year
  • to
  • Language
  • 115
  • 102
  • 22
  • 2
  • 2
  • 1
  • Tagged with
  • 326
  • 326
  • 206
  • 204
  • 45
  • 43
  • 40
  • 38
  • 23
  • 21
  • 20
  • 19
  • 18
  • 18
  • 18
  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
91

'n Doelwitbestuursprogram vir atletiek aan Blanke sekondêre skole in Transvaal / Leon Oberholzer

Oberholzer, 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
92

Enkele opvoedkundige aspekte van gesagstoepassing in Transvaalse Afrikaanse hoërskole / Willem Johannes Boshoff

Boshoff, 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
93

Godsdiens, onderwys en politiek in die Kaapkolonie : met spesiale verwysing na die periode 1795-1845 / Dirk Gert Jacobus Fourie

Fourie, Dirk Gert Jacobus January 1953 (has links)
Thesis (MEd)--PU vir CHO
94

Die "dogma- en gewetensklousule" in die Onderwysordonnansie van 1953 van Transvaal : 'n histories-prinsipiële studie / Izak Johannes Grové

Grové, Izak Johannes January 1970 (has links)
Thesis (MA)--Potchefstroomse Universiteit vir Christelike Hoer Onderwys, 1971
95

Structures for parental involvement in schools for Blacks with special reference to the Vaal Triangle / Johannes Mofana Makoanyane

Makoanyane, 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
96

'n Verantwoordelikheidsmodel vir 'n Departementshoof (Verpleegkunde) aan 'n universiteit / Michael Casper Herbst

Herbst, 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
97

'n Sosiologiese studie van bepaalde aspekte van kunsopvoeding met enkele verwysings na die primêre skool van Transvaal / Hendrik Adriaan Roets

Roets, 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
98

Kindertuinonderwys in Kaapland, met besondere verwysing na Noord-Kaapland / Ignatius Solomon Terblanche

Terblanche, Ignatius Solomon January 1966 (has links)
Proefskrif--PU vir CHO
99

Die probleem van kommunikasie in die godsdiensonderrig aan die hedendaagse kind / Andries Jacobus van den Berg

Van 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
100

Die gemeenregtelike regspersoon in die Suid-Afrikaanse privaatreg / deur Gerrit Johannes Pienaar

Pienaar, 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

Page generated in 0.0304 seconds