Maduna and Another v Moloi and Another (2199/2020) [2020] ZAFSHC 198 (16 October 2020)

Maduna and Another v Moloi and Another (2199/2020) [2020] ZAFSHC 198 (16 October 2020)

The applicants lack locus standi to institute proceedings on behalf of the Church. The constitution of the African Presbyterian Bafolosi Church of South Africa does not empower the first applicant to litigate on behalf of the Church, and there is no evidence of proper authorisation by a functioning Synod or council. The Church is currently dysfunctional, and severe factual disputes exist regarding the authority and position of the first applicant. Internal remedies have not been exhausted as required by PAJA. The application cannot be entertained by the court, and the matter is referred to the NPO Directorate and the Director of Public Prosecutions to ensure lawful functioning of the...

Citation
[2020] ZAFSHC 198
Parties
Applicant: Edward Ephriam Maduna; Applicant: The African Presbyterian Bafolosi Church of South Africa; Respondent: Shadrack Nkomani Moloi; Respondent: Jonas Mosebetsi Maleka
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 October 2020
Case Number
2199/2020
Procedural Posture
Opposed Motion / Judgment
Outcome
Application dismissed with costs.
Judges
Opperman
Legal Topics
Locus Standi, Non Profit Organisations Act, Church Governance, Mismanagement of Npo, Internal Remedies, Fiduciary Duty
Civil Procedure Commercial and Corporate Locus Standi Non Profit Organisations Act Church Governance Mismanagement of Npo Internal Remedies Fiduciary Duty

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Parties

Edward Ephriam Maduna

Applicant

The African Presbyterian Bafolosi Church of South Africa

Applicant

Shadrack Nkomani Moloi

Respondent

Jonas Mosebetsi Maleka

Respondent

Procedural Posture

Opposed Motion / Judgment

Legal Issues

  1. 1 Whether the applicants have locus standi to institute proceedings on behalf of the Church.
  2. 2 Whether the meetings and Synod held in 2018 were consistent with the Church's constitution.
  3. 3 Whether the nominations and elections of the respondents as Presiding Bishop and General Secretary were valid.

Ratio Decidendi

The applicants lack locus standi to institute proceedings on behalf of the Church. The constitution of the African Presbyterian Bafolosi Church of South Africa does not empower the first applicant to litigate on behalf of the Church, and there is no evidence of proper authorisation by a functioning Synod or council. The Church is currently dysfunctional, and severe factual disputes exist regarding the authority and position of the first applicant. Internal remedies have not been exhausted as required by PAJA. The application cannot be entertained by the court, and the matter is referred to the NPO Directorate and the Director of Public Prosecutions to ensure lawful functioning of the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs; costs to include the travelling and similar expenses of the legal representatives.
  • The matter is referred to the NPO Directorate in the Department of Social Development: Free State and the Director of Public Prosecutions: Free State to ensure lawful functioning of the Church.