Church in row over sale of cottages
IN A BATTLE that had landed on the doorstep of the Vatican, the Western Cape High Court extended an interdict yesterday disallowing the sale of six District Six cottages.
Parishioners took the nuns of the Holy Cross Catholic Church to court yesterday, and asked for an interim interdict preventing the sale of the cottages while the Holy See – the universal government of the Catholic Church that operates from the Vatican City State – ruled on the future of the land.
The sale was prevented by another interdict last year after the church had sold it for R2.5 million to alleviate its growing financial woes.
Parishioners said the houses, owned by the church under canon law practices, were given to their ancestors in 1928, who were told that the land would never be sold.
Sean Savage, the first of the six applicants, said his grandparents had entered into a verbal long-term lease with the church.
Advocate Joel Krige, acting for the applicants, said the case was unique and common law should not be applied.
“This is an unusual case. It is not a private person selling his property. This is a different kind of a relationship governed by canon law.
“This is not a general request that is going to set a precedent for every other property.
“The owner of the property has bound itself by the principals of canon law (sic),” said Krige.
Acting Judge Ashraf Mohomed asked Krige whether it was his contention that canon law restricted the application of the constitution in the case, and if canon law legitimately encroached on section 25 of the constitution.
Krige said: “The constitution states ‘subject to your own statutes’ – in this case, canon law is applicable.
“If the owners get the permission of the Holy See, they can sell it. But they haven’t.”
Natalie Lawrenson, for the nuns, said the Catholic Church was running at a loss to compensate for the rates and maintenance work of the cottages.
Two EduCare centres in Lambert’s Bay and Atlantis respectively faced closure because the church could no longer afford to pay for them.
“Paying the rates and for the upkeep of the cottages is not the object of activity for the church.
“Repairs to the cottages amount to R1 million, and the church does not have the money to pay for it.
“The first people to suffer, should the situation continue, will be the children of the EduCare centres,” Lawrenson said. As of 2012, the church was about R285 000 in debt.
“The tenants pay a rental of R450 a month. The church is under immense financial stress.
“It is not rich, in fact, it is hugely in debt,” Lawrenson maintained.
Mohomed will inform the legal representatives when he arrives at a decision.