Appendix 1: The Methodist Church of Southern Africa (Private) Act 111/1978
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To consolidate and amend the laws relating to the Methodist Church of South Africa; and to provide for matters incidental thereto.
Whereas the Yearly Conference of the people called Methodists in Great Britain was constituted by deed poll of the Reverend John Wesley dated 28 February 1784 and is the governing authority for Great Britain and elsewhere of the religious organization known as the society of people called Methodists, the Wesleyan Methodist Church, or other like title;
And whereas by virtue of the powers conferred by the said deed poll as amplified by the provisions of an Act of the Imperial Parliament known as the Methodist Conference Act, 1876, the said Yearly Conference (hereinafter referred to as the Yearly Conference) in 1882 by resolution constituted a South African Conference of the people called Methodists (hereinafter referred to as the South African Conference) and defined its jurisdiction, powers and functions and delegated to or conferred upon it certain powers and privileges, providing however that the South African Conference should be affiliated to it and should in certain respects be under its control, and that the said constitution may be altered from time to time by the South African Conference with its concurrence;
And whereas in consequence thereof the South African Conference had jurisdiction over all the Wesleyan Methodist Ministers, preachers on trial, churches and missions in South Africa and was within the said area the governing authority of the said religious organization, which was therein commonly called the Wesleyan Methodist Church of South Africa;
And whereas there was a considerable quantity of movable and immovable property in South Africa held under various forms of trusts but all substantially for the use and benefit of the Wesleyan Methodist Church of South Africa, which was administered, controlled or dealt with by the South African Conference or by representatives or officials under its control and direction, but the said South African Conference acted in the premises as a delegate of, and as affiliated to, the Yearly Conference and under its supervision and control;
And whereas the South African Conference desired that the delegation aforesaid should be made irrevocable, that the control and affiliation aforesaid should cease and that the power to alter the said constitution should be vested in it, and that it should become an independent and autonomous body in control of the foregoing property and of a religious organization to be called the Wesleyan Methodist Church of South Africa, consisting of the people called Methodists within the area of its jurisdiction, having the same doctrines and objects as the people called Methodists in Great Britain, and resolved accordingly.
And whereas the Yearly Conference was favourably disposed towards the desires of the South African Conference and by resolutions made irrevocable the said delegations, as empowered by the said Methodist Conference Act, 1876, agreed to waive the affiliation and control aforesaid and further agreed that the said constitution could thenceforth be altered by the South African Conference.
And whereas the Yearly Conference by resolution also agreed to the South African Conference becoming an independent and autonomous body as aforesaid;
And whereas the Yearly Conference passed the foregoing resolutions subject to the limitations imposed upon its powers in that behalf by its constitution and by section 7 of the said Methodist Conference Act, 1876, and to such safeguards as were necessary to ensure the maintenance by the South African Conference of the doctrines and general rules and usages of the people called Methodists;
And whereas the said South African Conference, having as its paramount object the maintenance of the doctrines and religious usages of the people called Methodists, was agreeable to the necessary safeguards in that behalf being imposed;
And whereas doubts had arisen as to whether the desires of the South African Conference, concurred in by the Yearly Conference, could be duly and properly realized and given effect to without legislative sanction in that behalf being obtained from the Parliament of the then Union of South Africa;
And whereas both the Yearly Conference and the South African Conference were agreeable that such legislative sanction be obtained;
And whereas such legislation ensuring the independence aforesaid and providing for incidental matters was duly enacted in terms of the provisions of the Wesleyan Methodist Church (Private) Act, 1927 (Act No. 17 of 1927);
And whereas the name of the ‘Wesleyan Methodist Church of South Africa’ was altered to that of ‘The Methodist Church of South Africa’ by the Methodist Church of South Africa (Private) Act, 1932 (Act No. 12 of 1932);
And whereas the Conference of the Methodist Church of South Africa is the governing authority of the said Church, having and exercising control and jurisdiction over all the property and concerns of, or relating to, the said Church in the Republic of South Africa;
And whereas the Primitive Methodist Connexion was constituted in Great Britain by deed poll dated 5 February 1830, executed by the Reverends Hugh Bourne, James Bourne and William Clowes, which deed was duly enrolled in the High Court of Chancery;
And whereas by the said deed poll there was constituted and set up an Annual Assembly or Conference of the Primitive Methodist Connexion, which said Conference was by the said deed poll made the governing authority of the said Primitive Methodist Connexion, with control and jurisdiction over all the property and concerns of, or relating to, the said Connexion;
And whereas the said Primitive Methodist Connexion had undertaken and carried on as a branch of its activities certain missionary work within the then Union of South Africa, which branch was known as ‘The Primitive Methodist Missions’, the said missions have been governed, controlled and administered by the aforesaid Conference of the Primitive Methodist Connexion functioning through one of its committees known as the Primitive Methodist Missionary Society;
And whereas there was within the said Union certain movable and immovable property held under various forms of trusts, but all essentially for the use and benefit of the said Primitive Methodist Connexion for the purposes of the Primitive Methodist Missions aforesaid;
And whereas the Conference of the Primitive Methodist Connexion decided as from 1 January 1931 to discontinue its control, conduct and administration of the said Primitive Methodist Missions within the Union of South Africa and resolved accordingly;
And whereas the Conference of the Wesleyan Methodist Church of South Africa agreed, as from 1 January 1931, to assume and be responsible for the administration and control of the said missions within the Union, and resolved accordingly;
And whereas the religious doctrines and usage of the Primitive Methodist Connexion are in all substantial respects identical with those of the Methodist Church of South Africa, but the respective internal organizations of the two Churches differ in certain respects in relation to the constitution, procedure and powers of their respective Conferences and otherwise;
And whereas the Conference of the Primitive Methodist Connexion, in pursuance of its resolution aforesaid in that behalf, has handed over and transferred to the Conference of the Methodist Church of South Africa the conduct, control and administration of the said missions;
And whereas in terms of the Methodist Church of South Africa (Private) Act, 1932, provision was made for transferring to, and vesting in, the Methodist Church of South Africa the right, title and interest of the said Primitive Methodist Connexion relating to any property, movable and immovable, within the Republic possessed or utilized for the purposes of the said mission, subject to the trusts and obligations affecting the said property, pursuant to resolutions by the respective Conferences;
And whereas it is desirable that the said Church should possess statutory power and authority to incorporate within itself, or to unite or amalgamate with, any other Church or religious body, or association, or branch thereof, whether existing within or outside the boundaries of the Republic;
And whereas the work and activities of the said Methodist Church of South Africa extend beyond the borders of the Republic into certain neighbouring States;
And whereas the Conference of the said Church, at its Sessions during October 1975, resolved that it is desirable and expedient that the name of the said Church be changed to ‘The Methodist Church of Southern Africa’;
And whereas it is expedient that the laws relating to the constitution, powers and affairs of the said Methodist Church of South Africa should, with certain amendments and modifications, be embodied in one consolidating measure;
And whereas it is expedient that provision be made also for incidental matters:
BE IT THEREFORE ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:
1. The Wesleyan Methodist Church (Private) Act, 1927 (Act No. 17 of 1927), and the Methodist Church of South Africa (Private) Act, 1932 (Act No. 12 of 1932), are hereby repealed. ‘THE METHODIST CHURCH OF SOUTH AFRICA’ TO BECOME ‘THE METHODIST CHURCH OF SOUTHERN AFRICA’ AND REFERENCES TO FORMER TO BE DEEMED REFERENCES TO LATTER
2. (1) Notwithstanding anything to the contrary in any law contained, from and after the commencement of this Act the Church, Denomination or Connexion now designated ‘The Methodist Church of South Africa’ (formerly the ‘Wesleyan Methodist Church of South Africa’) shall for all purposes whatsoever become, and be designated by the name of, ‘The Methodist Church of Southern Africa’ (hereinafter referred to as ‘The Church’).
(2) Subject to the provisions of this Act, any appointment or regulation made or action taken or done or deemed to have been made, taken or done under or by virtue of any provision of any Law repealed by section 1 of this Act, including all resolutions approved by the Conference of The Church, shall be deemed to have been made, taken, done or approved under or by virtue of the corresponding provision of this Act, and shall be as valid as if this Act had not been passed.
(3) Any reference to the ‘Wesleyan Methodist Church of South Africa’ or ‘The Methodist Church of South Africa’ in any fund, contract, deed, bond, instrument, certificate, debenture, security, receipt, voucher, record, deposit, or other book, document or writing of whatsoever nature established, issued, executed, or made prior to the date of commencement of this Act, shall for all purposes be construed as a reference to ‘The Methodist Church of Southern Africa’.
3. (1) The Church as originally established and constituted under the laws referred to in the Preamble hereto shall, notwithstanding the repeal of the said laws, continue under the name of ‘The Methodist Church of Southern Africa’, and shall be a body corporate with perpetual succession.
(2) The Church shall be capable in law of suing and being sued, and of acquiring, holding and alienating movable and immovable property, and of doing and performing such other acts and things as bodies corporate may lawfully do and perform, subject to the provisions of this Act or any other law.
4 (1) All movable and immovable property of whatsoever kind or nature, including all interests and rights in and to movable and immovable property, and all mortgage bonds, debts, securities and obligations and the benefit of all existing contracts which immediately prior to the date of commencement of this Act were owned or were held by or vested in The Church as formerly constituted and designated, shall at the commencement of this Act continue to vest in and be owned by and be receivable, recoverable and enforceable by The Church as constituted by this Act without the necessity of any transfer, conveyance or other continuing or connecting title or separate investiture other than this Act, and nothing in this Act shall be deemed to alter or affect the continued corporate existence or the rights or liabilities of The Church.
(2) All causes and rights of action, suits, references, arbitrations or other proceedings which existed and were in any manner enforceable by or against The Church immediately prior to the commencement of this Act shall be and remain as good, valid and effectual by or for or against The Church as they might or would have been by or for or against The Church if this Act had not been passed.
(3) All debts, liabilities and obligations of whatsoever kind incurred or undertaken by The Church or by the officers thereof or by any other person in the name and on behalf of The Church and valid and subsisting against The Church immediately prior to the commencement of this Act, shall be and are hereby declared to be valid and subsisting against The Church as if the said debts, liabilities and obligations had been incurred or undertaken by The Church under this Act, and any person entitled to any right, claim, demand, or other relief against The Church immediately prior to the commencement of this Act shall continue to be so entitled.
5. All officers and employees of The Church who were in office or in the employ of The Church immediately prior to the commencement of this Act, shall continue to hold and enjoy their respective offices and employment as officers and employees of The Church, and shall be subject to the like terms, conditions, obligations and penalties and to the like powers of removal, and to the like rules, restrictions, and regulations in all respects as if they had been appointed under this Act and had been and were at all times officers and employees of The Church.
6. The South African Conference of the people called Methodists, otherwise known as the Conference of The Methodist Church of Southern Africa, is hereby declared to be an independent body and the governing authority in and for Southern Africa of The Methodist Church of South Africa (consisting of the people called Methodists from time to time within Southern Africa), with full jurisdiction over all the Methodist Ministers, preachers on trial, Churches and missions within the said area.
7. Subject to the provisions of this Act, the said South African Conference shall have power to alter its constitution, to make rules and regulations for the good government of The Church and for the due and proper exercise of its jurisdiction aforesaid, and to do all such acts, matters and things as are expedient and necessary for the maintenance, advancement and benefit of the said Church and its objects, and the constitution, rules, procedure and organization of the said South African Conference and the said Church shall, except where in conflict with the provisions of this Act, remain of force and effect until altered in pursuance of the powers hereinbefore conferred to the extent to which they are from time to time unaffected by such alteration.
8. All the movable and immovable property at present administered, controlled and dealt with by or under the control or direction of the said South African Conference for the use and benefit of The Church shall, upon the commencement of this Act, vest, without payment of transfer or stamp duty, in the President of the said South African Conference from time to time for the benefit of The Methodist Church of Southern Africa, but subject always to any existing charge, obligation, or special trust upon or over such property or otherwise lawfully affecting the same, in trust for such of its uses and purposes as the said South African Conference may from time to time appoint, and in trust to exercise such acts of full ownership of any kind thereover and to allow the same to be managed and administered by such representatives or officials of the said Church, lay or otherwise, as the said South African Conference may from time to time by resolution prescribe.
9. Nothing in this Act contained shall affect any person who is entitled to a vested or accruing right to any pension, gratuity or like payment or advantage from any fund administered or controlled by the South African Conference at the date of commencement of this Act.
10. Notwithstanding anything in this Act contained, the South African Conference, as the governing authority within its area of jurisdiction of The Church shall at no time be entitled to do, perform, suffer or permit any act, matter or thing which is repugnant to the doctrines and religious usages of the people called Methodists.
11. Notwithstanding anything to the contrary in any law contained, The Church may from time to time, in pursuance of a resolution of the Conference, incorporate within itself, or unite or amalgamate with, any other church or religious body or association or organisation or branch thereof, whether the same shall be within or outside the borders of the Republic: Provided that (a) any such incorporation union or amalgamation shall be upon such terms and conditions as the said Conference of The Church may by resolution decide; (b) nothing in this Act or in any other law contained shall be deemed to curtail or restrict the power and capacity of The Church (whether with or without making any such incorporation, union or amalgamation) to extend its organisation or to carry on work beyond the borders of the Republic; (c) nothing in this Act contained shall be deemed in any manner whatsoever to alter, amend or vary, or to authorize or empower any provision contained in any deed or other document governing or relating to any place of worship or school vested in or administered or controlled by The Church, insofar as any such provision defines or relates to the doctrinal standards required by that deed or other document to be maintained or observed at, or in respect of, any such place of worship or school.
12. This Act shall be called the Methodist Church of Southern Africa (Private) Act, 1978.
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THE METHODIST CHURCH OF SOUTHERN AFRICA (PRIVATE) ACT, 111/1978
To consolidate and amend the laws relating to the Methodist Church of South Africa; and to provide for matters incidental thereto.
PREAMBLE
Whereas the Yearly Conference of the people called Methodists in Great Britain was constituted by deed poll of the Reverend John Wesley dated 28 February 1784 and is the governing authority for Great Britain and elsewhere of the religious organization known as the society of people called Methodists, the Wesleyan Methodist Church, or other like title;
And whereas by virtue of the powers conferred by the said deed poll as amplified by the provisions of an Act of the Imperial Parliament known as the Methodist Conference Act, 1876, the said Yearly Conference (hereinafter referred to as the Yearly Conference) in 1882 by resolution constituted a South African Conference of the people called Methodists (hereinafter referred to as the South African Conference) and defined its jurisdiction, powers and functions and delegated to or conferred upon it certain powers and privileges, providing however that the South African Conference should be affiliated to it and should in certain respects be under its control, and that the said constitution may be altered from time to time by the South African Conference with its concurrence;
And whereas in consequence thereof the South African Conference had jurisdiction over all the Wesleyan Methodist Ministers, preachers on trial, churches and missions in South Africa and was within the said area the governing authority of the said religious organization, which was therein commonly called the Wesleyan Methodist Church of South Africa;
And whereas there was a considerable quantity of movable and immovable property in South Africa held under various forms of trusts but all substantially for the use and benefit of the Wesleyan Methodist Church of South Africa, which was administered, controlled or dealt with by the South African Conference or by representatives or officials under its control and direction, but the said South African Conference acted in the premises as a delegate of, and as affiliated to, the Yearly Conference and under its supervision and control;
And whereas the South African Conference desired that the delegation aforesaid should be made irrevocable, that the control and affiliation aforesaid should cease and that the power to alter the said constitution should be vested in it, and that it should become an independent and autonomous body in control of the foregoing property and of a religious organization to be called the Wesleyan Methodist Church of South Africa, consisting of the people called Methodists within the area of its jurisdiction, having the same doctrines and objects as the people called Methodists in Great Britain, and resolved accordingly.
And whereas the Yearly Conference was favourably disposed towards the desires of the South African Conference and by resolutions made irrevocable the said delegations, as empowered by the said Methodist Conference Act, 1876, agreed to waive the affiliation and control aforesaid and further agreed that the said constitution could thenceforth be altered by the South African Conference.
And whereas the Yearly Conference by resolution also agreed to the South African Conference becoming an independent and autonomous body as aforesaid;
And whereas the Yearly Conference passed the foregoing resolutions subject to the limitations imposed upon its powers in that behalf by its constitution and by section 7 of the said Methodist Conference Act, 1876, and to such safeguards as were necessary to ensure the maintenance by the South African Conference of the doctrines and general rules and usages of the people called Methodists;
And whereas the said South African Conference, having as its paramount object the maintenance of the doctrines and religious usages of the people called Methodists, was agreeable to the necessary safeguards in that behalf being imposed;
And whereas doubts had arisen as to whether the desires of the South African Conference, concurred in by the Yearly Conference, could be duly and properly realized and given effect to without legislative sanction in that behalf being obtained from the Parliament of the then Union of South Africa;
And whereas both the Yearly Conference and the South African Conference were agreeable that such legislative sanction be obtained;
And whereas such legislation ensuring the independence aforesaid and providing for incidental matters was duly enacted in terms of the provisions of the Wesleyan Methodist Church (Private) Act, 1927 (Act No. 17 of 1927);
And whereas the name of the ‘Wesleyan Methodist Church of South Africa’ was altered to that of ‘The Methodist Church of South Africa’ by the Methodist Church of South Africa (Private) Act, 1932 (Act No. 12 of 1932);
And whereas the Conference of the Methodist Church of South Africa is the governing authority of the said Church, having and exercising control and jurisdiction over all the property and concerns of, or relating to, the said Church in the Republic of South Africa;
And whereas the Primitive Methodist Connexion was constituted in Great Britain by deed poll dated 5 February 1830, executed by the Reverends Hugh Bourne, James Bourne and William Clowes, which deed was duly enrolled in the High Court of Chancery;
And whereas by the said deed poll there was constituted and set up an Annual Assembly or Conference of the Primitive Methodist Connexion, which said Conference was by the said deed poll made the governing authority of the said Primitive Methodist Connexion, with control and jurisdiction over all the property and concerns of, or relating to, the said Connexion;
And whereas the said Primitive Methodist Connexion had undertaken and carried on as a branch of its activities certain missionary work within the then Union of South Africa, which branch was known as ‘The Primitive Methodist Missions’, the said missions have been governed, controlled and administered by the aforesaid Conference of the Primitive Methodist Connexion functioning through one of its committees known as the Primitive Methodist Missionary Society;
And whereas there was within the said Union certain movable and immovable property held under various forms of trusts, but all essentially for the use and benefit of the said Primitive Methodist Connexion for the purposes of the Primitive Methodist Missions aforesaid;
And whereas the Conference of the Primitive Methodist Connexion decided as from 1 January 1931 to discontinue its control, conduct and administration of the said Primitive Methodist Missions within the Union of South Africa and resolved accordingly;
And whereas the Conference of the Wesleyan Methodist Church of South Africa agreed, as from 1 January 1931, to assume and be responsible for the administration and control of the said missions within the Union, and resolved accordingly;
And whereas the religious doctrines and usage of the Primitive Methodist Connexion are in all substantial respects identical with those of the Methodist Church of South Africa, but the respective internal organizations of the two Churches differ in certain respects in relation to the constitution, procedure and powers of their respective Conferences and otherwise;
And whereas the Conference of the Primitive Methodist Connexion, in pursuance of its resolution aforesaid in that behalf, has handed over and transferred to the Conference of the Methodist Church of South Africa the conduct, control and administration of the said missions;
And whereas in terms of the Methodist Church of South Africa (Private) Act, 1932, provision was made for transferring to, and vesting in, the Methodist Church of South Africa the right, title and interest of the said Primitive Methodist Connexion relating to any property, movable and immovable, within the Republic possessed or utilized for the purposes of the said mission, subject to the trusts and obligations affecting the said property, pursuant to resolutions by the respective Conferences;
And whereas it is desirable that the said Church should possess statutory power and authority to incorporate within itself, or to unite or amalgamate with, any other Church or religious body, or association, or branch thereof, whether existing within or outside the boundaries of the Republic;
And whereas the work and activities of the said Methodist Church of South Africa extend beyond the borders of the Republic into certain neighbouring States;
And whereas the Conference of the said Church, at its Sessions during October 1975, resolved that it is desirable and expedient that the name of the said Church be changed to ‘The Methodist Church of Southern Africa’;
And whereas it is expedient that the laws relating to the constitution, powers and affairs of the said Methodist Church of South Africa should, with certain amendments and modifications, be embodied in one consolidating measure;
And whereas it is expedient that provision be made also for incidental matters:
BE IT THEREFORE ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:
REPEAL OF LAWS
1. The Wesleyan Methodist Church (Private) Act, 1927 (Act No. 17 of 1927), and the Methodist Church of South Africa (Private) Act, 1932 (Act No. 12 of 1932), are hereby repealed. ‘THE METHODIST CHURCH OF SOUTH AFRICA’ TO BECOME ‘THE METHODIST CHURCH OF SOUTHERN AFRICA’ AND REFERENCES TO FORMER TO BE DEEMED REFERENCES TO LATTER
2. (1) Notwithstanding anything to the contrary in any law contained, from and after the commencement of this Act the Church, Denomination or Connexion now designated ‘The Methodist Church of South Africa’ (formerly the ‘Wesleyan Methodist Church of South Africa’) shall for all purposes whatsoever become, and be designated by the name of, ‘The Methodist Church of Southern Africa’ (hereinafter referred to as ‘The Church’).
(2) Subject to the provisions of this Act, any appointment or regulation made or action taken or done or deemed to have been made, taken or done under or by virtue of any provision of any Law repealed by section 1 of this Act, including all resolutions approved by the Conference of The Church, shall be deemed to have been made, taken, done or approved under or by virtue of the corresponding provision of this Act, and shall be as valid as if this Act had not been passed.
(3) Any reference to the ‘Wesleyan Methodist Church of South Africa’ or ‘The Methodist Church of South Africa’ in any fund, contract, deed, bond, instrument, certificate, debenture, security, receipt, voucher, record, deposit, or other book, document or writing of whatsoever nature established, issued, executed, or made prior to the date of commencement of this Act, shall for all purposes be construed as a reference to ‘The Methodist Church of Southern Africa’.
INCORPORATION AND CONTINUED EXISTENCE OF ‘THE CHURCH’
3. (1) The Church as originally established and constituted under the laws referred to in the Preamble hereto shall, notwithstanding the repeal of the said laws, continue under the name of ‘The Methodist Church of Southern Africa’, and shall be a body corporate with perpetual succession.
(2) The Church shall be capable in law of suing and being sued, and of acquiring, holding and alienating movable and immovable property, and of doing and performing such other acts and things as bodies corporate may lawfully do and perform, subject to the provisions of this Act or any other law.
VESTING IN THE CHURCH OF EXISTING RIGHTS AND LIABILITIES
4 (1) All movable and immovable property of whatsoever kind or nature, including all interests and rights in and to movable and immovable property, and all mortgage bonds, debts, securities and obligations and the benefit of all existing contracts which immediately prior to the date of commencement of this Act were owned or were held by or vested in The Church as formerly constituted and designated, shall at the commencement of this Act continue to vest in and be owned by and be receivable, recoverable and enforceable by The Church as constituted by this Act without the necessity of any transfer, conveyance or other continuing or connecting title or separate investiture other than this Act, and nothing in this Act shall be deemed to alter or affect the continued corporate existence or the rights or liabilities of The Church.
(2) All causes and rights of action, suits, references, arbitrations or other proceedings which existed and were in any manner enforceable by or against The Church immediately prior to the commencement of this Act shall be and remain as good, valid and effectual by or for or against The Church as they might or would have been by or for or against The Church if this Act had not been passed.
(3) All debts, liabilities and obligations of whatsoever kind incurred or undertaken by The Church or by the officers thereof or by any other person in the name and on behalf of The Church and valid and subsisting against The Church immediately prior to the commencement of this Act, shall be and are hereby declared to be valid and subsisting against The Church as if the said debts, liabilities and obligations had been incurred or undertaken by The Church under this Act, and any person entitled to any right, claim, demand, or other relief against The Church immediately prior to the commencement of this Act shall continue to be so entitled.
OFFICERS AND EMPLOYEES TO CONTINUE IN OFFICE
5. All officers and employees of The Church who were in office or in the employ of The Church immediately prior to the commencement of this Act, shall continue to hold and enjoy their respective offices and employment as officers and employees of The Church, and shall be subject to the like terms, conditions, obligations and penalties and to the like powers of removal, and to the like rules, restrictions, and regulations in all respects as if they had been appointed under this Act and had been and were at all times officers and employees of The Church.
INDEPENDENCE OF SOUTH AFRICAN CONFERENCE OF METHODISTS, AND ITS AREA OF JURISDICTION
6. The South African Conference of the people called Methodists, otherwise known as the Conference of The Methodist Church of Southern Africa, is hereby declared to be an independent body and the governing authority in and for Southern Africa of The Methodist Church of South Africa (consisting of the people called Methodists from time to time within Southern Africa), with full jurisdiction over all the Methodist Ministers, preachers on trial, Churches and missions within the said area.
ALTERATION OF CONSTITUTION OF SOUTH AFRICAN CONFERENCE, AND POWER TO MAKE RULES AND REGULATIONS
7. Subject to the provisions of this Act, the said South African Conference shall have power to alter its constitution, to make rules and regulations for the good government of The Church and for the due and proper exercise of its jurisdiction aforesaid, and to do all such acts, matters and things as are expedient and necessary for the maintenance, advancement and benefit of the said Church and its objects, and the constitution, rules, procedure and organization of the said South African Conference and the said Church shall, except where in conflict with the provisions of this Act, remain of force and effect until altered in pursuance of the powers hereinbefore conferred to the extent to which they are from time to time unaffected by such alteration.
VESTING OF CHURCH PROPERTY IN PRESIDENT OF SOUTH AFRICAN CONFERENCE
8. All the movable and immovable property at present administered, controlled and dealt with by or under the control or direction of the said South African Conference for the use and benefit of The Church shall, upon the commencement of this Act, vest, without payment of transfer or stamp duty, in the President of the said South African Conference from time to time for the benefit of The Methodist Church of Southern Africa, but subject always to any existing charge, obligation, or special trust upon or over such property or otherwise lawfully affecting the same, in trust for such of its uses and purposes as the said South African Conference may from time to time appoint, and in trust to exercise such acts of full ownership of any kind thereover and to allow the same to be managed and administered by such representatives or officials of the said Church, lay or otherwise, as the said South African Conference may from time to time by resolution prescribe.
SAVING
9. Nothing in this Act contained shall affect any person who is entitled to a vested or accruing right to any pension, gratuity or like payment or advantage from any fund administered or controlled by the South African Conference at the date of commencement of this Act.
METHODIST DOCTRINES AND USAGES SAFEGUARDED
10. Notwithstanding anything in this Act contained, the South African Conference, as the governing authority within its area of jurisdiction of The Church shall at no time be entitled to do, perform, suffer or permit any act, matter or thing which is repugnant to the doctrines and religious usages of the people called Methodists.
POWER TO UNITE OR AMALGAMATE WITH ANOTHER CHURCH
11. Notwithstanding anything to the contrary in any law contained, The Church may from time to time, in pursuance of a resolution of the Conference, incorporate within itself, or unite or amalgamate with, any other church or religious body or association or organisation or branch thereof, whether the same shall be within or outside the borders of the Republic: Provided that (a) any such incorporation union or amalgamation shall be upon such terms and conditions as the said Conference of The Church may by resolution decide; (b) nothing in this Act or in any other law contained shall be deemed to curtail or restrict the power and capacity of The Church (whether with or without making any such incorporation, union or amalgamation) to extend its organisation or to carry on work beyond the borders of the Republic; (c) nothing in this Act contained shall be deemed in any manner whatsoever to alter, amend or vary, or to authorize or empower any provision contained in any deed or other document governing or relating to any place of worship or school vested in or administered or controlled by The Church, insofar as any such provision defines or relates to the doctrinal standards required by that deed or other document to be maintained or observed at, or in respect of, any such place of worship or school.
SHORT TITLE
12. This Act shall be called the Methodist Church of Southern Africa (Private) Act, 1978.
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