OWNERSHIP
First Floor, Riverside Mall,
Cnr Belmont and Main Roads
Rondebosch,
2nd November 2007
Submissions to the “Standing Committee on
Private Members Legislative Proposals and Special Petitions” on 2nd
November 2007 by the Methodist Church Of Southern Africa (the “MCSA”) in
response to the bill titled “Methodist Church of Southern Africa (Private)
Repeal Act”.
We act on behalf of the Presiding Bishop of the MCSA.
At this stage our submissions deal primarily with
process. However we are constrained also at this stage to respond to a front
page article in the Business Day
Process
In terms of (Private) Act 111 of 1978,
(hereafter “the Act”), the Methodist Conference is the supreme legislative body
in the MCSA. This body only meets once a year in September. Furthermore
in terms of the constitution of the MCSA a central part of the decision making
process within the MCSA are local and regional structures, called quarterly
meetings and synods respectively. Any constitutional decision by the Methodist
Conference must involve these structures.
The normal process would be for an issue first to be addressed
by these quarterly meetings and synods. This input would then be laid before
the Methodist Conference which would either adopt a position or refer it back
to the said local and regional structures for more input. This additional input
would then be laid before the following Methodist Conference for final
adoption, if such a final position was possible.
Accordingly, if the MCSA is going to be part of
the process leading up to a decision about whether or not the Act
should be repealed, that process can only begin fully in September 2008
where the necessary mandate and brief can be given by the Methodist Conference.
Although it is a possibility that the Methodist Conference of 2008 could adopt
a final position, realistically the said local and regional structures would
have to be given a reasonable opportunity to digest the full implications of
the proposed repeal before they can give meaningful input. In this regard it
must be remembered that a significant number of the about two million members
of the MCSA live in far flung rural areas. Logistically it is a huge and drawn
out task to ensure meaningful participation by the said local and regional
structures.
An additional concern to the MCSA of the proposed
repeal of the Act is the impact it would have on the title deeds of the
properties of the MCSA. This is a very complex question which would require
extensive research as thousands of properties could be adversely affected. A
further complicating issue is that the MCSA covers six Southern African countries.
The implications of the repeal of the Act for the MCSA in all these countries
would also require very careful research.
Thus a more realistic target for a final decision by
the Methodist Conference would be the Methodist Conference of 2009. Accordingly we would request that any time
frame for this matter accommodate the particular governance structure of the
MCSA as set out above, not least of all by the Act itself.
Business Day Article
It is unclear whether Mr Gerber was correctly quoted
by the press. However in the event that he was correctly quoted, the MCSA is
constrained to set the record straight on certain matters.
Mr Gerber is reported as saying that the
Methodist Act created the impression that segregation on religious lines was
permitted. Furthermore Mr Gerber is quoted as saying that "...the
most notable characteristic was racial segregation on the basis of religious
belief, which was entrenched in apartheid law...".
The Act makes no reference to race. Furthermore
the Act makes the doctrine and religious usages of the people called Methodists
supreme.
These doctrines and usages are set out in the Laws and
Discipline of the Church. We highlight but a few quotes from it on the issue
of racism.
Referring to the need for integration it reads "
... racially integrated Circuits and Societies are a natural expression of the
true
strategy; ...". Elsewhere it states
that " ...the suffering of the majority of our Members as a result of
racial prejudice and Apartheid has necessitated their solidarity in the ongoing
struggle for the justice and liberation which can lead to reconciliation in
A final example is the resolution of the Methodist
Conference of 1958 which reads as follows:
"The Conference declares
its conviction that it is the will of God for the
It can thus be seen that, rather than the
Methodist Act being a racist Act, it was a prophetic piece of legislation, the
ramifications of which the nationalist government obviously failed to
appreciate or grasp when it was legislated. The MCSA was also
prophetic in refusing to compromise on its position that it cover six Southern
African states, five of which had non racial democratic governments long before
Yours faithfully,
Keith Matthee SC