Abstract:
The article gives a historical overview of
judicial problems that the Dutch Reformed Church (DRMC) and the Dutch Reformed Church
in Africa (DRCA) encountered in their journey to church unification. On 14 April 1994 the
DRMC and the DRCA merged and the Uniting Reformed Church in Southern Africa (URCSA)
came into being. Firstly, attention is given to a historical overview of the unification process.
Secondly, the resolutions of the General Synod of the DRCA (1991), the judicial problems that
surfaced shortly after the unification between the DRMC and the DRCA, the objections against
the unification process and the lawsuit that followed, will be attended to. The unification
between the DRMC and the DRCA was tested in court and in 1998 the Supreme Court gave
judgment in favor of the DRCA. The verdict indicated that all decisions with regards to church
property were ultra vires and that the DRCA as a legal corporate entity remains. The article
concludes with a few legal aspects that may be derived from the judgement. The verdict
highlights the administration of justice according to established rules and principles, namely
that a juristic person cannot be deprived of life, liberty or property without appropriate legal
procedures and safeguards. The article proposes that Reformed churches in the South African
context should seriously take cognisance of the judgement. This article attempts to identify
the important criteria for and characteristics of administration of justice with regard to
church unification.
