Die funksionering van kerktribunale in die lig van die eise van administratiewe geregtigheid

Abstract

The South African courts have always recognised churches as being legal personae and at the same time voluntary associations, based on their own internal rules and regulations. Because of the universal applicability of the principles of justice and analogical legal application disciplinary actions and procudures of such voluntary associations, such as church tribunals, must be in accordance with the duties and obligations set out in their constitutions, as well as the common law requirements of natural justice. Church tribunals are bound by the application of the Constitution, Bill of  Rights and the provisions of the Promotion of Administrative Justice Act. Church tribunals must therefore comply with the requirements, as set out in section 33 of the Constitution and accordingly the provisions of the Promotion of Administrative Justice Act. Administrative action by such tribunals must be just, reasonable and proceduraly fair. Where someone’s rights has been affected, written reasons must be furnished by