The variety of contradictory approaches to the legal position of ministers of religion in
South Africa as are apparent from court findings, theological discourse and church
practice are indicative of a lack of clarity, and even confusion, regarding a matter that
is of cardinal importance to the orderly functioning of the church as the body of Christ
on earth. From this confusion in constitutional law as well as in the church, the
topicality - actually, the undeniable necessity - of research into the legal position of
ministers of religion has become quite apparent.
The topicality of the research is indicated in Chapter 1 by reference to court cases
(before and after 1996), theological discourse and church practice. The central
research question of the study is formulated as follows: What is the legal position of
Reformed ministers in South Africa - a religiously neutral state - considered on the
basis of Reformed Church polity and against the background of the church-state
context in South Africa after 1996?
The central theoretical argument of the study is that the legal position of a minister of
religion is a unique kind of relationship (alius generis), a relationship / association /
connection / obligation that has to be regulated by the church as a unique community
(sui generis) in the world. In South Africa courts should recognise and deem the legal
position of Reformed ministers to be an internal church matter that falls outside the
sphere of regulation of a religiously neutral state's labour legislation. This recognition
should be based on the right of the church to define itself and its offices.
In Chapter 2 the current confusion in South Africa regarding the legal position of
ministers of religion is investigated further. Various points of view are discussed, for
example that ministers are 'employees' of churches (church councils), that a
minister's legal position has to be regarded as that of an independent contractor and
the point of view that ministers are connected to the church by a unique relationship.
The way in which the legal position of ministers of the Gospel is regarded in
Germany is discussed in Chapter 3. The focus is inter alia on the meaning of
religious freedom, neutrality of the state, constitutional provisions regarding the
relationship between the state and the church, and the way in which the legal
position of ministers of religion is regulated in the light of the German state-church
context.
The way in which the Reformed Churches in South Africa define and regulate the
legal position of Reformed ministers as an internal church matter is investigated in
Chapter 4. In this chapter the focus is on the following aspects: the order of the
church that applies to the legal position of ministers in terms of Reformed church
polity, as expressed in the church order, the meaning of a minister's relationship with
the local church as regards his legal position, and the unique nature of a minister's
legal position in terms of the relevant provisions of the church ordinances.
The findings, recommendations and summary conclusion of the study are given in
Chapter 5. The summary conclusion of the study is that an overall impression of the
regulation of ministers' positions by the Reformed Churches in South Africa offers the
following perspective: the Lord places the church and its ministers in a unique
relationship. This relationship must be regulated by means of the church because the
church ordinances inherently make provision for the regulation of this unique
relationship. Regarded within the broad context of this study, the state may not
exercise control over the legal position of ministers of religion because these
ministers fulfil a religiously determined command and task. / Thesis (Ph.D. (Church Polity))--North-West University, Potchefstroom Campus, 2006.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/1129 |
| Date | January 2005 |
| Creators | Smit, Johannes |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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