Staff Reporter
The Free State High Court has ordered three former leaders of the Dutch Reformed Church in Africa (DRCA) to stop establishing a splinter group using particulars of the organisation or claiming to represent it in any way.
In a recent judgement, Deputy Judge President Nobulawo Mbhele ruled that TG Dibane, TJ Moloi and EM Kosa – who are the first, second and third respondents in the matter – should stop all activities relating to a newly formed regional synod which they called the Dutch Reformed Church in Africa Eastern Free State and Lesotho Synod.
The trio was further slapped with a costs order both jointly and severally.
Dibane, Moloi and Kosa are former members of the church’s management team.
Their term of office ended in 2019 and they were not re-elected.
The matter was brought by the DRCA Free State and Lesotho Synod.
The court heard that on March 10, 2020, the respondents met congregants of various churches where the Eastern Free State Synod was established.
The three then wrote a letter to the Free State and General Synod Moderator notifying them of the establishment of the new regional synod of the Dutch Reformed Church in Africa, called the Eastern Free State and Lesotho Regional Synod.
The management team wrote back to the newly established regional synod informing them that the holding of meetings with various congregations was illegal and that the establishment of the new regional synod was unlawful and not sanctioned by the General Synod of the Dutch Reformed Church in Africa, Free State and Lesotho (the General Synod) as required by the church articles.
An attempt was made to reach a settlement between the management team and the respondents at a meeting of the General Synod held on June 8-10 in Bloemfontein, but everything that was agreed on fell through.
The management team withdrew from a resolution signed by both parties and the respondents went ahead and established the new regional synod.
From thereon, their correspondence with the General Synod and other structures of the church was under the letterhead of the Dutch Reformed Church of Africa, Eastern Free State and Lesotho Synod.
According to the applicant, the respondents continued visiting its congregants telling them that they were now part of the newly formed regional synod.
The management team argued that the Dutch Reformed Church in Africa Free State and Lesotho Synod is responsible for the day-to-day running of the affairs of the congregations within their area of jurisdiction.
The respondents opposed the application saying the applicant does not own copyright on the name of the church and as such cannot prohibit the newly established regional synod from using the letterhead bearing the name of the Dutch Reformed Church in Africa.
They argued that the synod was at liberty to divide or join other synods without the consent or approval of the General Synod or the affected regional synod.
The management team argued that the DRCA is governed by its constitution called the Church Order which deals with the powers, duties and obligations of various structures of the church.
Article 31 of the Church Order allows a regional synod to split or join another regional synod.
It confers the powers to establish a new regional synod on the existing regional synod with the permission of the General Synod and affected congregations.
But Justice Mbhele found otherwise.
“It is clear that the process of establishing a new regional synod must be initiated by the affected regional synod,” reads part of Mbhele’s judgment.
“In the current matter the disgruntled members of the congregations falling under the applicant came together to form a new regional synod within the DRCA without the approval of the General Synod.
“The first to third respondents did not comply with the requirements laid down in Article 31 of the Church Order.
“The process was not initiated by the regional synod nor was its formation permitted by the General Synod.”
Mbhele also pointed out that the proposed new regional synod could not enjoy the status of a regional synod if its formation upsets the church order.
“It bears all the characteristics of a splinter group,” she said.
“If it is not formed according to the prescripts of the DRCA it cannot operate within the church, neither can it recruit from the church structures.”
Mbhele then ruled that all three respondents “are prohibited and interdicted from informing congregants and members of the Dutch Reformed Church in Africa, Free State and Lesotho, that the respondents form part of a newly created regional synod: The Dutch Reformed Church in Africa Eastern Free State Synod and Lesotho.”
The three were also prohibited from using any property belonging to the applicant.
They were further prohibited from using the name and or letterhead of the Dutch Reformed Church in Africa, in connection with the purported new synod.
The three were ordered to pay the costs of the main application as well as the condonation application jointly and severally, the one paying the other to be absolved.