Waanar and Others v Emmanuel Pentacostal Mission Churches and Others (27044/09) [2012] ZAWCHC 233 (11 December 2012)

Waanar and Others v Emmanuel Pentacostal Mission Churches and Others (27044/09) [2012] ZAWCHC 233 (11 December 2012)

The court found that the Third Respondent failed to provide sufficient evidence of authority to oppose the application on behalf of all Respondents, as required for artificial persons. The church's constitution and procedures were not properly followed in making the decisions to recall and excommunicate the Applicants. The Applicants were not given adequate notice, a reasonable opportunity to make representations, or a fair hearing before adverse decisions were taken. Their appeals were not properly considered. The Respondents' point in limine regarding exhaustion of internal remedies was rejected, as the Applicants did attempt to appeal and the Respondents failed to deal with those...

Citation
[2012] ZAWCHC 233
Parties
Applicant: Andrew Waanar; Applicant: Niklaas Johannes Juries; Applicant: Further Applicants (Third to Forty Third Applicants); Respondent: Emmanuel Pentacostal Mission Churches; Respondent: Samuel Frederick Engelbrecht N.O.; Respondent: Andries Plaatjies N.O.; Respondent: Petrus Pieterse
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
11 December 2012
Case Number
27044/09
Procedural Posture
Review Application / Judgment
Outcome
Application granted; decisions of 1 May 2009 and 5 September 2009 set aside; costs awarded against Respondents.
Judges
Gangen
Legal Topics
Internal Remedies Exhaustion, Procedural Fairness, Authority to Litigate, Church Governance, Review of Administrative Action
Administrative Law Civil Procedure Internal Remedies Exhaustion Procedural Fairness Authority to Litigate Church Governance Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Andrew Waanar

Applicant

Niklaas Johannes Juries

Applicant

Further Applicants (Third to Forty Third Applicants)

Applicant

Emmanuel Pentacostal Mission Churches

Respondent

Samuel Frederick Engelbrecht N.O.

Respondent

Andries Plaatjies N.O.

Respondent

Petrus Pieterse

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Respondents had authority to oppose the application and sign affidavits on behalf of all Respondents.
  2. 2 Whether the Applicants exhausted internal remedies as required by the church constitution before approaching the court.
  3. 3 Whether the decisions of 1 May 2009 and 5 September 2009 were procedurally fair and compliant with the church's constitution.

Ratio Decidendi

The court found that the Third Respondent failed to provide sufficient evidence of authority to oppose the application on behalf of all Respondents, as required for artificial persons. The church's constitution and procedures were not properly followed in making the decisions to recall and excommunicate the Applicants. The Applicants were not given adequate notice, a reasonable opportunity to make representations, or a fair hearing before adverse decisions were taken. Their appeals were not properly considered. The Respondents' point in limine regarding exhaustion of internal remedies was rejected, as the Applicants did attempt to appeal and the Respondents failed to deal with those...

Court Disposition

Application granted; decisions of 1 May 2009 and 5 September 2009 set aside; costs awarded against Respondents.

Orders

  • The decisions of the Respondent of 1 May 2009 and 5 September 2009 are set aside.
  • The Respondents are ordered to pay the costs of the application.