Danville Gemeente van die AGS van Suid-Afrika en Anders v ags can Suid-Afrika en Anders (990/2011) [2012] ZANWHC 25 (14 June 2012)
The court found that the Danville Gemeente had locus standi, as the majority of the church council supported the application and no proper challenge under Rule 7 was made. The principle of lis pendens did not bar the proceedings, as the parallel litigation was stayed pending this outcome and the balance of convenience favoured resolution in the High Court. PAJA was not applicable, as the respondents did not exercise public power; however, the AGS Constitution required compliance with natural justice. The respondents failed to follow prescribed procedures, including proper authorisation and consultation with the church council and affected parties. The suspension and termination of the...
- Citation
- [2012] ZANWHC 25
- Parties
- Applicant: Die Danville Gemeente van die AGS van Suid-Afrika; Applicant: Vernon Xavier Kruger; Applicant: Gareth Jacobs; Applicant: Douglas Bosch NO; Applicant: Mirrim Visagie NO; Applicant: Andre Bock NO; Applicant: Gerarld Baba; Applicant: Eviline Theys; Respondent: Die AGS van Suid Afrika; Respondent: Die AGS van Suid-Afrika: Noordwes Forum; Respondent: Dr Ben Vorster NO
- Court
- North West High Court, Mafikeng
- Jurisdiction
- South Africa
- Judgment Date
- 14 June 2012
- Case Number
- 990/2011
- Procedural Posture
- Review Application / Judgment
- Outcome
- Application granted in part; impugned decisions reviewed and set aside; claim for salaries and emoluments dismissed; costs awarded to applicants.
- Judges
- A A Landman
- Legal Topics
- Natural Justice, Internal Remedies, Locus Standi, Church Governance, Review of Administrative Action, Disciplinary Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Die Danville Gemeente van die AGS van Suid-Afrika
Applicant
Vernon Xavier Kruger
Applicant
Gareth Jacobs
Applicant
Douglas Bosch NO
Applicant
Mirrim Visagie NO
Applicant
Andre Bock NO
Applicant
Gerarld Baba
Applicant
Eviline Theys
Applicant
Die AGS van Suid Afrika
Respondent
Die AGS van Suid-Afrika: Noordwes Forum
Respondent
Dr Ben Vorster NO
Respondent
Procedural Posture
Review Application / Judgment
Legal Issues
- 1 Whether the Danville Gemeente has locus standi to bring the application.
- 2 Whether the principle of lis pendens applies due to parallel litigation.
- 3 Whether the Promotion of Administrative Justice Act (PAJA) applies to the decisions under review.
Ratio Decidendi
The court found that the Danville Gemeente had locus standi, as the majority of the church council supported the application and no proper challenge under Rule 7 was made. The principle of lis pendens did not bar the proceedings, as the parallel litigation was stayed pending this outcome and the balance of convenience favoured resolution in the High Court. PAJA was not applicable, as the respondents did not exercise public power; however, the AGS Constitution required compliance with natural justice. The respondents failed to follow prescribed procedures, including proper authorisation and consultation with the church council and affected parties. The suspension and termination of the...
Court Disposition
Application granted in part; impugned decisions reviewed and set aside; claim for salaries and emoluments dismissed; costs awarded to applicants.
Orders
- The decision of the second respondent to terminate the second applicant's contractual employment with the first applicant is reviewed and set aside.
- The decision of the first respondent to deprive the second applicant of his status as pastor of the AGS Church is reviewed and set aside.
Full Case Text
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