THE APOSTOLIC FAITH MISSION OF SOUTH AFRICA

PRELIMINARY RESPONDING DOCUMENT TO APOSTOLIC FAITH MISSION OF SOUTH AFRICA (PRIVATE) AMENDMENT REPEAL ACT (PRIVATE MEMBER'S BILL SUBMITTED IN TERMS OF SECTION 73 (2) READ WITH SECTION 76 (1) OF THE CONSTITUTION - PIERRE-JEANNE GERBER, MP)

1. (A) PARTICULARS OF THE PROPOSED LEGISLATION

In the absence of the required section (A) of the member's memorandum the legal advisor (Senior Advocate Andre Ferreira) of the AFM of SA could not consider adequate response prior to 2 November 2007.

2. CONSEQUENCES OF THE REPEAL OF THE ACT

The repeal of the Act has dire consequences for the AFM of SA in terms of its 'juristic personality (legal persona)', its property ownership and its operations as church in general.

The AFM of SA is a church representing some 1800 local congregations, all 11 official languages of South Africa, some 1.5 million members from the diverse cultures of the population of South Africa, as well as 4 other foreign languages. The church has various service operations such as Theological Training Institutions and Welfare services which would be adversely affected by the proposal.

The AFM of SA has a property portfolio in excess of R 500 million, with an annual turnover in excess of R 300 million.

3. THE APOSTOLIC FAITH MISSION OF SOUTH AFRICA (PRIVATE) ACT 24 OF 1961 /5 Powers and constitution of the church

3.1 Clause 5 of the act reads as follows:

(1) The church shall have the power to alter its constitution, to make such rules and regulations and generally to do all such acts and perform such functions as are expedient and necessary for the benefit of the church and the advancement of its objects.

(2) The memorandum and articles of association of the company, in force at the commencement of this Act and set forth in the Schedule hereto, shall mutatis mutandis remain in force as the constitution of the church, describing its powers and objects, regulating the management and control of its affairs, and providing for the amendment of the said constitution.

3.2 Clause 80 of the act describes the process with regard to amendments to the constitution of the church as envisaged in 4.1 below. As the Company's Act no longer applies in this regard there was no indication in the Act relating to the registration of such amendments to the constitution that the church may from time to time approve.

3.3 Amendments to the constitution of the church subsequent to 1961 and 1970:

The church has since the inception of the Act amended its constitution in its entirety from time to time, with specific reference to the contents of the Schedule of the Act.

As early as I May 1992, the church amended its constitution to do away with much of the discriminatory references and also afforded legal persona to all entities within the church.

On 3 May 1996 the church, in forming a United Church of all cultural groupings within South Africa, adopted a non-racial and non-sexist constitution for the now united church. Minor amendments to this constitution were adopted during 1997 and 1998, without detracting from the principle of non-racial and non-sexist.

As from 1 October 2000 the church adopted a new constitution, giving greater freedom and autonomy to local churches and entities within the church. This constitution is also void of any racial or gender discrimination.

3.4 Publication of amendments to the constitution of the church:

The 2000 constitution has been published on the website (.www.afmags.org) for a considerable time and is available for any party to peruse.

The church has also conformed to the requirements relating to the 'Promotion of Access to Information Act (PAIA)' on 31 August 2005, which is also posted on the website of the church.

4. (B) THE OBJECTIVES OF THE PROPOSED LEGISLATION

4.1 The AFM of SA has adhered to the terms of the South African Constitution as equated in clause 1 of section B of the memorandum presented by the honourable member of parliament, with specific reference to the contents 4 above.

4.2 The statements made by the honourable member of parliament in clauses 2 and 3 of section B of the memorandum lack valid research and true knowledge as to the 'Powers' afforded the church in the Act as well as the course followed by the church with regard to constitutional amendments as alluded to in 4 above. The statements made and the subsequent press statements (ANC MP tackles racist religious laws –Financial Mail) are in essence derogatory and discriminatory towards the church.

4.3 Clause 3 of section B of the memorandum:

4.3.1 Legislation

The applicant states the following:

"Legislation by its very definition would have to apply to all citizens of the country. There is no basis for an Act of Parliament to regulate agreements and arrangements which only affect specific religious institutions. One such piece of legislation is the Apostolic Faith Mission of South Africa (Private) Act, 1961. This Act is both discriminatory and repugnant. "

The applicant fails to take notice that legislation made/makes provision for various entities to be regulated, and I quote: "ACTS/EDUCATION / CHURCHES, CULTURE, ARTS AND SPORT...".

4.3.2 Segregation along religious lines

The applicant states the following when referring to the Act:

"It creates an impression that our Constitution permits segregation along religious lines. For example, Clause 2 of the Schedule of the Act refers to "non-European adherents" which is racially discriminatory and should no longer be in any statute of South Africa."

The applicant for lack of research, has failed to recognise, that having taken into account 4 above, that such references are archaic and that the current reference to members (adherents) is void of segregation. Section 1 to the constitution of the church substitutes Clause 2 of the Schedule to the Act, which now reads as follows:

1. MEMBERS

The members of the church shall be composed of persons:

1.1 who are born again and have received the believers baptism;

1.2 who are recognised members of a local assembly, and

1.3 who adhere to and accept the "Confession of Faith" as stipulated in P.3 of the "Preamble" to the constitution.

4.3.3 Gender discrimination

The applicant states the following:

"Clauses 38, 44 and 54 of the Schedule expressly excludes female members of the same church from holding influential positions such as the President, Vice-President, General Secretary and General Treasurer, within the Apostolic Faith mission church structure. This blatant arbitrary unfair discrimination infringes the rights enshrined in our Bill of Rights, more particularly sections 9 and 10 of our Constitution."

Once again the applicant for lack of research, has failed to recognise, that having taken into account 4 above, that such references are archaic and that the current prescripts are void of gender discrimination. Section 4.5 and 4.6 to the constitution of the church substitutes Clauses 38, 44 and 54 to the Act, which now reads as follows:

4.5 QUALIFICATIONS OF MEMBERS

No pastor shall be eligible for the National Leadership Forum unless he/she has served as an ordained pastor in a registered local assembly of the Apostolic Faith Mission of South Africa for at least three (3) years.

4.6 NATIONAL OFFICE BEARERS: ELECTION OF

Every third (3rd) year the General Business Meeting shall elect, from the ranks of the full-time workers of the church who qualify in terms