Klaas and Another v 19th Episcopal District: A.M.E Church and Others; Malefetse and Another v 19th Episcopal District: A.M.E Church and Others (30485/19; 30486/19) [2019] ZAGPJHC 351 (17 September 2019)

Klaas and Another v 19th Episcopal District: A.M.E Church and Others; Malefetse and Another v 19th Episcopal District: A.M.E Church and Others (30485/19; 30486/19) [2019] ZAGPJHC 351 (17 September 2019)

The court found that both the suspension and expulsion of the applicants from the AME Church were procedurally flawed and violated the principles of due process as set out in the church's code of discipline and the Constitution. The Judicial Council itself acknowledged the procedural defects and confirmed that the applicants' rights were infringed. The court rejected the respondents' argument that the suspension remained valid despite the flawed expulsion, holding that if the main disciplinary process was invalid, the suspension could not stand. The court further held that the second applicants, as congregations, had the necessary locus standi under section 38 of the Constitution to join...

Citation
[2019] ZAGPJHC 351
Parties
Applicant: Reverend Teboho Gordon Klaas; Applicant: A.M.E Church: Robinson Temple (Vosloorus); Applicant: Reverend Japhta Victor Malefetse; Applicant: A.M.E Church: Bethel Temple (Kutloanong); Respondent: 19th Episcopal District: A.M.E Church; Respondent: The East Annual Conference; Respondent: Bishop Paulos Jones Mulenga Kawimbe; Respondent: Judicial Committee: East Annual Conference; Respondent: The Orangia Annual Conference; Respondent: Judicial Committee: Orangia Annual Conference; Respondent: Reverend Luke Big-Boy Dlamini; Respondent: Reverend Sefako Samuel Maboe
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 September 2019
Case Number
30485/19; 30486/19
Procedural Posture
Urgent Application / Application for Interim Relief Pending Review
Outcome
Interim relief granted; suspension and expulsion stayed pending review. Each party to bear own costs.
Judges
V.T. Mtati
Legal Topics
Interim Interdict, Locus Standi, Bill of Rights Enforcement, Church Discipline, Urgent Application
Civil Procedure Constitutional Law Interim Interdict Locus Standi Bill of Rights Enforcement Church Discipline Urgent Application

Case Brief

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Parties

Reverend Teboho Gordon Klaas

Applicant

A.M.E Church: Robinson Temple (Vosloorus)

Applicant

Reverend Japhta Victor Malefetse

Applicant

A.M.E Church: Bethel Temple (Kutloanong)

Applicant

19th Episcopal District: A.M.E Church

Respondent

The East Annual Conference

Respondent

Bishop Paulos Jones Mulenga Kawimbe

Respondent

Judicial Committee: East Annual Conference

Respondent

The Orangia Annual Conference

Respondent

Judicial Committee: Orangia Annual Conference

Respondent

Reverend Luke Big-Boy Dlamini

Respondent

Reverend Sefako Samuel Maboe

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Pending Review

Legal Issues

  1. 1 Whether the suspension and expulsion of the applicants from the AME Church were procedurally and substantively valid.
  2. 2 Whether the applicants are entitled to interim relief pending the outcome of a review application.
  3. 3 Whether the second applicants have locus standi to join the proceedings.

Ratio Decidendi

The court found that both the suspension and expulsion of the applicants from the AME Church were procedurally flawed and violated the principles of due process as set out in the church's code of discipline and the Constitution. The Judicial Council itself acknowledged the procedural defects and confirmed that the applicants' rights were infringed. The court rejected the respondents' argument that the suspension remained valid despite the flawed expulsion, holding that if the main disciplinary process was invalid, the suspension could not stand. The court further held that the second applicants, as congregations, had the necessary locus standi under section 38 of the Constitution to join...

Court Disposition

Interim relief granted; suspension and expulsion stayed pending review. Each party to bear own costs.

Orders

  • The forms and service as provided for in the Uniform Rules of Court are dispensed with; applications to be heard on urgent basis in terms of Rule 6(12).
  • The decision to suspend and expel the applicants from the 19th Episcopal District of the African Methodist Episcopal Church is stayed pending finalisation of the review application.