South Africa Case Law

Twelve Apostle Church in Christ and Another v Twelve Apostle Church in Christ and Another (AR 488/2009)

Twelve Apostle Church in Christ and Another v Twelve Apostle Church in Christ and Another (AR 488/2009) [2010] ZAKZPHC 5 (15 February 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 488/2009

Judges

Gorven, Govindasamy AJ, Luthuli AJ

The court found that the mother church was not dissolved by the settlement agreement, as the constitutional procedure for dissolution was not followed and there was no unanimous consent of all members. The Central Council did not convene a meeting with proper notice to dissolve the church, nor did it ratify the settlement agreement. The Executive Committee of the mother church was properly authorised to institute legal action, as evidenced by resolutions and powers of attorney. The second plaintiff was found to be the legitimate successor to the deceased as Chief Apostle and President, based…

Source excerpt

• Voluntary Association Dissolution
• Universitas Personarum
• Constitutional Interpretation
• Authority To Institute Action
• Church Leadership Succession