Judge urges reconciliation in church constitution row

ACTING Judge Constance Nziweni of the Western Cape High Court has urged members of the divided Followers Of Christ Church of South Africa and Namibia to make an attempt at resolving their differences on the issue of the church’s constitution, which has caused a split.

Making a ruling in a case where 17 suspended members of the church took it and 15 other members to court in a dispute over the church’s law, acting Judge Nziweni said: “It is my view that what is most important is that with the current crisis within the church, the parties should be pushed towards achieving a grand compromise that reconciles their fundamental interests.

“This will, in turn, enable them to act in concert to provide solutions. It is of paramount importance that anything which may aggravate the situation must be avoided at all costs.”

She said it was clear from the court papers that the thread that permeates the various headings in the founding affidavit, and continues throughout, is that the church has no binding and enforceable constitution or framework which makes provision for its control, management and administration.

Acting Judge Nziweni said: “This, among other factors, was clear in the founding affidavit which argued that a succession plan, which ought to have been implemented by (the church’s founder, the late) Apostle Peter Poole, never materialised, and that this has left a void with regard to the issue of who are to constitute, manage and administer the affairs of the church. This is actually the golden thread which underscores the entire application.”

The 17 suspended members said the church’s disputed 2007 constitution had replaced the lawful constitution from 2000 using a “questionable signature” and had replaced the church’s ruling international council with a committee.

During the case the 17 suspended members wanted the Western Cape High Court to determine which constitution was valid to govern the affairs of the church, and whether the current committee of the church derived powers from that constitution.

The 17 suspended members said in their application that they were not seeking that the court should change the church’s constitution, but they wanted to facilitate the lawful running of the church’s affairs.

The church and the 15 other members, including members of Apostle Poole’s family, were of the view that the 17 suspended members had lost their right to approach the court to seek redress regarding issues relating to the church because they had been suspended. The church claimed they lacked locus standi.

The church was founded by Poole in Cape Town in 1964 as the Pentecostal Church of South Africa. In 1979 the name of the church was changed to Followers Of Christ Church of South Africa. Members of the Walvis Bay congregation were not happy with this change and it was decided they and the other congregations in Namibia could continue to use the name Pentecostal Church of South West Africa.