'n Gereformeerd-kerkregtelike beoordeling van die predikant se verbintenis aan die plaaslike kerk

Abstract

In the new political dispensation since 1994 it becomes clear that the government describes the bond between the minister of religion and the local church as an employer-employee relationship, within the power of control by the state. Previously the minister's bond with the local church was regulated by the ecclesiastical government. This gives rise to the following main questions: How does the existing ecclesiastical practice concerning the mininster's bond with the local church realise and which of the church and state has the authority to regulate this bond as a lawful act? The central theoretical argument this study is that the church has the authority to regulate the bond between the minister and the local church, which is a bond of autogenous nature. In chapter two, the ecclesiastical foundation of the minister's bond with the local church is researched. This chapter concludes that the minister is attached to the local church, the latter being a different (alius generis) society in the world. In his bond to the local church, the minister is not an employee of the church council, but a legate of Christ. By the calling that comes from Christ, Christ Himself is the "Employer'' of the minister. In chapter three the nature of the minister's bond to the local church is researched. This chapter concludes that the minister is committed to the local church by autogenous way (sui generis). The labour legislation which is intended to regulate a relationship of authority between different parties does not apply to the minister's bond to the local church. In his bond to the local church the minister is part of the church council where the relation between the minister and the elders is based on equality. The minister and elders fulfill a joint task in the local church. In chapter four the question of competence concerning the minister's bond to the local church is explored. This chapter concludes that the church and state has different tasks in society and that the church has the authority to regulate the minister's bond to the local church - valid and just by means of the church order. In chapter five the conclusion is formulated that the minister is committed to a different community in society distinctively. This study suggests that the minister's bond to the local church should be regulated by the church and that the state should recognize the autogenous nature of such bond.