Methodist Church of SA Act Repeal Bill [B68-2008], Dutch Reformed Churches Union Act Repeal Bill, Bible Society of SA Act Repeal Bill & Apostolic Faith Mission of SA Act Repeal Bill: briefing

Meeting report

Proposal to repeal the following Acts:

Dutch Reformed Churches Union Act of 1911;
Apostolic Faith Mission of South Africa Act No. 24 of 1961 and No. 4 of 1970;
Methodist Church of South Africa Act No. 111 of 1978; and
Bible Society of South Africa Act No. 24 of 1960 and No. 15 of 1970
Mr P Gerber (ANC) briefed the Committee on the historical background of the Acts and the motivation for the four Repeal Bills. The right to freedom of religion was enshrined in Clause 15 of the Constitution and there was no need for three of the hundreds of churches in the country to continue to exist under Acts of Parliament.  Although the Constitution concluded with “May God protect our people” and the national anthem was a prayer song, South Africa was not a secular state and the repeal of the Acts would bring an end to more than a century of religious statutes.  The process to repeal the Acts had been a very long one and it was an embarrassment that the Acts were still on the statute books after fourteen years.

The Dutch Reformed Churches Union Act was one of the first Acts of Parliament passed by the Union of South Africa.  When the Bill was introduced to Parliament in 1910, Members debated the need to pass an Act to govern a church and the inclusion of clause 9 that allowed a person of colour to remain a member of the church only if he resided in the Cape Colony.  Clause 9 contravened the Constitution and the repeal of the Act would allow the Dutch Reformed Churches to be unified on a non-racial basis.

The Apostolic Faith Mission of South Africa Act included provisions that restricted certain occupations from being occupied by women and allowed for different policies to be applied to non-european members of the church.

The same motivation applied for the repeal of the Methodist Church of South Africa Act.  Mr Gerber noted that three of the six Acts involved (including the Amendment Acts) were Private Members’ Acts.

Mr Gerber quoted from the minutes of a meeting held by the Bible Society of South Africa on 14 February 1968, where it was recorded that the Society took the decision to approach the Minister of Commerce and Industry to introduce an Act that allowed the Society to be legally entrenched as a company.  The reason given was that the Society would enjoy a higher status and esteem if it was a company rather than a welfare society, at little or no cost to the Bible Society itself.

Discussion
The Chairperson recalled her own experience of discrimination on the basis of her religion.  Her application for training as a nurse was turned down because she was a Zionist and not a member of the Dutch Reformed Church.

Adv Z Adhikarie (Senior Parliamentary Legal Adviser) advised that three of the Acts legislated for the whole of Southern Africa and were therefore invalid.

Mr G Lekgetho (ANC) agreed that the repeal of the Acts was long overdue.  He was unaware that the Dutch Reformed Church prevented membership of persons of colour outside the Cape Colony.

Ms D van der Walt (DA) remarked that the freedom of religious choice was enshrined in the Constitution.  The other violations of the Constitution by the Acts were not supported.  She asked if the five organisations that were consulted supported the repeal of the Acts and wanted to know if any concerns were raised.

Ms D Ramodibe (ANC) shared the concerns raised by the preceding Members of the Committee.

Mr B Zulu (ANC) asked what the reason was for the clause in the Dutch Reformed Churches Union Act that denied membership of the church if a person of colour left the Cape Colony.

The Chairperson asked why the Dutch Reformed Churches Union Act Repeal Bill referred to the Verenigde Gereformeerde Kerk, the Reformed Church of Africa and the Dutch Reformed Church.

Mr Gerber explained that there were differences in the way in which the three churches celebrated communion and in the hymns that were sung at services.  Members of the Verenigde Gereformeerde Kerk were mostly coloured and sang an Afrikaans version of Nkosi Sikele Afrika.

In response to Ms Van der Walt’s question, he confirmed that the churches concerned as well as the South African Council of Churches were contacted and that submissions on the proposed Bills were received.  The Dutch Reformed Church supported the Repeal Bill but disagreed with the motivation that the repeal of the Act would assist the unification of the churches.  The Apostolic Faith Mission and the Methodist Church were concerned that the repeal of the Acts would have a negative effect on the ownership of properties and taxes.  The Bible Society raised concerns over the loss of tax advantages but had applied for registration as a welfare organisation.

Adv Adhikarie added that the Bible Society had raised issues concerning the loss of esteem if a company became a public benefit organisation instead.  She said that the legislation was not necessary as any organisation may apply for registration as a public benefit organisation.  The transfer of property was not necessary as a public benefit organisation was not prevented from owning property.  Both the Companies Act and the Income Tax Act made provision for public benefit organisations and there were no negative consequences to the organisations concerned if the Acts were repealed.

Mr Gerber reported that the South African Council of Churches supported the Bills and commented that the State should not be seen to benefit a few churches by allowing the Acts to remain on the statute books.

In response to Mr Zulu’s question, Mr Gerber said that the motivation for the clause concerning the membership of the church by persons of colour was not known.  He said that historically, there was a greater degree of integration in the Cape and it could have been a problem if persons of colour were not allowed to be members of the church in the Cape.

Mr Zulu asked if the Act allowed a person of colour to join the church in another province.

Mr Gerber replied that the Act made no provision for such a person to be granted membership of the church in other provinces.  He read the provisions of clause 9 of the Act.

Ms M Mdaka (ANC) asked for clarity on clause 9 of the Act.

Mr Gerber replied that the Dutch Reformed Church was shocked that the Act was still on the statute books and was under the impression that it had been repealed.  Although the Act was unconstitutional, technically the Act may still be enforced.

Mr Lekgetho asked if the concerns raised by interested parties were addressed during the consultation process.

Ms Van der Walt remarked that all Dutch Reformed Church activities were multiracial.  Services were conducted in a third language in some of the churches.

Ms M Mdlalose (NADECO) advised that the leader of NADECO was a member of the Dutch Reformed Church.

Mr Gerber explained that interaction took place with interested parties during the consultation process.  Uncertainties regarding the Bills were addressed and the attitude of the affected parties changed as a result.  Some concerns were expressed over the technical application of the Bills.  He confirmed that mixed services took place but discussions on the unification of the church were long drawn out and a subject of some frustration to him.

The Chairperson remarked that the churches worshipped the same God.

Ms Ramodibe recalled that Beyers Naudé was a member of the Dutch Reformed Church and that changes had been made to the way in which the church operated.  She requested clarity on the inability of the church to unify along non-racial lines.

Mr Gerber explained that the Act made provision for segregation within the church.  Three churches existed.  The members of the Verenigde Gereformeerde Kerk were mostly coloured while the members of the Dutch Reformed Church and the Reformed Church were mostly white.  The issue of unification of the churches was desired by the members of the church but had been a long, drawn-out battle.  He felt that strong leadership was required to achieve the unification of the churches.

The Chairperson remarked that the issue was the removal of discriminatory legislation.

Mr Gerber replied that the Dutch Reformed Church supported the repeal of the Act.  He said the church was unaware that the Act was still on the statute books and was under the impression that it was repealed by the 1961 Amendment Act.

In conclusion, the Chairperson advised that Members of the Committee will have the opportunity to raise questions at the public hearings on the Bills.  Deliberations on the Bills will be held at a later date.

The meeting was adjourned.