Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa for the Time Being

Voluntary association – Internal disciplinary proceedings – Policy, practice, and usage of Methodist Church of South Africa, according to Laws and Discipline of the Church (L&D), to recognize only heterosexual marriages – L&D prescribing arbitration in event of breach by minister – Minister, without consulting Superintendent and Bishop, announcing from the pulpit her intention to enter same-sex marriage, and subsequently marrying – Minister suspended and Church disciplinary committees confirming suspension – Minister challenging disciplinary decision with Convener of Church arbitrational panel – Convener informing minister of arbitrator appointment and affirming minister’s right to court review of arbitration decision in event of unlawful or improper proceeding – Arbitration convened but minister taking legal action before conclusion – High Court ruling action premature and ordering arbitration to continue while granting right to appeal – Minister refusing further arbitration process and arbitrator declining jurisdiction – Minister acknowledging Convener’s entitlement to sign arbitration agreement on her behalf – Minister seeking discretion of High Court not to enforce arbitration agreement on grounds (i) no valid agreement, (ii) agreement conclusion delayed, (iii) arbitration process violating fundamental rights including right to representation, (iv) arbitrator biased, (v) arbitration futile process – Whether good cause shown for avoiding arbitration – Doctrine of entanglement – Arbitration Act 42 of 1965, s 3(2)

Appeal · Arbitration · Jurisdiction · Political science · Sociology · Law · Legal Issues in South Africa

• Human rights

  Annamagriet De Wet, Jacques Rothmann et al.•Society in Transition•2016

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