CONSTITUTION  AND  RULES  OF  PROCEDURE  

CHRIST   CHURCH    -   HORISON  

(Church of England in South Africa )  

1.  

To the glory of God.  The Congregation of Christ Church, Horison, is a constituent church of the Church of England in South Africa , has subscribed to the Constitution of, and has been declared a constituent by, the said Church of England in South Africa .  

2.  

Legal Status.   Christ Church, Horison, (hereinafter referred to as “this Church”, shall, in terms of the Secular Law, be a voluntary Association with full legal personality, with perpetual succession and power to hold property in its own name, distinct from its members, and capable of being sued and suing in its own name.  

3.  

Objects.  The aims and objects of this Church shall be to provide for the worship of God, in terms of the faith and doctrine as laid down in the Constitution of the Church of England in South Africa .  

4.  

MEMBERSHIP  

The members of this church shall be all persons who have applied to the Church Council for membership and who have been admitted as such, provided that the Church Council shall not admit any person to membership unless he:  

1. has been baptized,
2. has accepted and continues to accept the Constitution of the Church of England in South Africa ,
3. is over eighteen years of age,
4. is not a member of any other Church,
5. has been a habitual worshipper in this Church for a period of not less than six months; provided that a member of the Church of England in South Africa , upon transfer to this Church, shall be received as a member of this Church, if he applies for admission as such.

No person shall be entitled to vote at any Vestry meeting, or be eligible as holder of any office and/or as member of any body or council constituted by this Constitution, unless he or she is a member.  

5.  

FORFEITURE  OF  MEMBERSHIP  

The Church Council shall delete the name of a member from the Membership Register if it is, after giving notice by registered post to such member, of its intention to do so, satisfied that the member concerned no longer qualifies to be a member, unless the member has ceased to be an habitual worshipper on account of age or ill-health or any other similar valid reason.  If a member is not satisfied with any decision of the Church Council concerning himself, he may ask the Executive Committee of Synod to mediate or arbitrate in terms of Article 7(3)(f) of the Constitution of the Church of England in South Africa .  Such arbitration shall be subject to confirmation by the next Annual Synod whose decision shall be final.  

6.  

MEMBERSHIP  REGISTER  

a.        It shall be the duty of the Church Council to keep at all times a Membership Register.

b.       The Church Council shall from time to time and at least once annually, not later than 7 days before the date of the Annual Vestry Meeting, bring the Membership Register up to date by deleting the names of persons who have ceased for any reason to be members, and adding new members’ names.

c.        The Membership Register shall be open for inspection by any member of this Church.  

7.  

ENROLMENT  AS  A  MEMBER  

1. Any person who desires to be enrolled as a member shall apply for such membership on the official application form as set out in “Annexure A” hereto.

2. The Church Council shall at its first meeting after receipt of a duly completed application form, consider such application for enrolment as a member and shall forthwith enroll the Applicant or refuse the application without being obliged to furnish any reason for such refusal.

8.  

RIGHTS  OF  MEMBERS  

a.        All the Members of this Church shall be entitled to attend Vestry Meetings and to speak thereat.  

b.       No persons shall be entitled to vote at any Vestry Meeting unless his or her name appears on the membership Register as at the date of the Meeting.  In the case of the Annual Vestry Meeting, his or her name must appear on the Membership Register at least 7 days before the date of that Meeting.  

9.  

VESTRY  MEETINGS  

a.        A general meeting of members shall be held once in every year in the month of October or November and shall be called the Annual Vestry Meeting.  

b.       Other Vestry Meetings may be held from time to time as hereinafter provided for and shall be called Special Vestry Meetings.  

10.  

QUORUM  

The quorum for any Vestry Meeting shall be a 1/3 of the Membership.  Failing a Quorum, the meeting shall be adjourned for not more than 30 days.  When the second meeting is called, the Quorum shall then be 20% of the membership, but never less than 12 members.  

11.  

CONVENING  OF  VESTY  MEETINGS  

a.        The Church Council shall determine the date, time and venue of the Annual Vestry Meeting and shall give notice thereof, by announcement, on two consecutive Sundays beforehand and either by affixing a written notice, signed by the Chairman of the Church Council, at least fifteen days beforehand, in a prominent place in the Church precincts, or by registered post to all members at the last known address, as shown in the membership register.  

b.       The Church Council shall convene a Special Vestry Meeting and give notice thereof in the same manner as is prescribed in the immediately preceding sub-article, on receipt of a request for such meeting signed by at least five Members, or by the Rector of the Congregation, or by the Churchwardens.  The Church Council itself may decide to call a Special Vestry Meeting.  The date of a Special Vestry Meeting shall not be later than four weeks after the date of the request for such meeting.  

c.        The notices of Vestry Meetings shall specify the business to be transacted at the Meetings and it shall not be competent for any Vestry Meeting to deal with any matter of which no notice has been given.  

d.       Should any matter be dealt with at a Vestry Meeting concern any Member of this Church, the Church Council shall notify such member of the matter by registered post at least fourteen days before the date of the Meeting.  The Member concerned shall be entitled to attend and speak thereat.  

12.  

BUSINESS  OF  VESTRY  MEETINGS  

a.     The business to be transacted at the Annual Vestry Meeting shall be:  

i.        The election of Members of the Church Council;

ii.     The election of two Churchwardens;

iii.   The election of delegates to the Synod;

iv.   Receiving, considering and adopting the financial report, annual accounts and balance sheet;

v.      Receiving, considering and adopting the annual report of the Churchwardens;

vi.   Any other matter placed on the Agenda either by the Church Council or by written notice from any member of this Church.  Such written notice must reach the Secretary or Chairman of the Council at least four weeks before the Meeting.  

b.    The method of the nomination and election of Members of the Church Council, Churchwardens and Sidesmen shall be as follows:  

         Nominations must be proposed and seconded by members of this Church;

The Chairman of the Vestry Meeting must satisfy himself that the nominated      person is qualified and has consented to this nomination.

         The election shall be by ballot if the nominations exceed the number required.  

13.  

CHAIRMAN  OF  VESTRY  MEETINGS  

The Rector of the Congregation shall preside at all Vestry Meetings and if absent, an Acting Chairman shall be elected from those present.  The Chairman shall be entitled to a casting vote only.  

14.  

MINUTES  OF  PROCEEDING  OF  VESTRY  MEETING  

The Secretary of the Church Council shall keep Minutes of the proceedings of Vestry Meetings, which Minutes shall be required to be approved by the next Vestry Meeting and to be signed by the Chairman.  

15.  

THE  CHURCH  COUNCIL 

There shall be a Church Council for the proper admin istration of the affairs of the Church.  

16.  

CONSTITUTION  OF  CHURCH  COUNCIL  

The Church Council shall consist of:  

a.        The Rector and any other Minister of Ministers of the Congregation who shall be ex officio Member(s).  

b.       The two Churchwardens, who shall be ex officio Members.  

c.        A maximum of eight, but a minimum of four other Members who shall be elected by the Annual Vestry Meeting.  

17.  

QUALIFICATION  FOR  MEMBERSHIP  OF  CHURCH  COUNCIL  

Only Members of this Church shall be entitled to be Members of the Church Council.  

18.  

CHAIRMAN  AND  OFFICE  BEARERS  

The Rector shall be the Chairman of the Church Council and in his absence the Council may elect a Chairman from amongst themselves for that particular Meeting.  

1. The Chairman shall have a casting vote only.

2. The Council shall elect from among itself a Secretary and a Treasurer.

3. Cheques and other documents relating to finance shall require two signatures, one of which to be that of the Treasurer or his deputy.  Two alternate Council Members with signing powers shall be appointed.

4. Any Member of the Church Council shall be permitted to hold more than one office, if so elected.

9  

ELECTION  OF  CHURCH  WARDENS  

The two Churchwardens shall be elected as follows:  

a.        One shall be elected from Members nominated for that Office by Members other than the Clergy at the Annual Vestry Meeting, and shall be known as “the People’s Warden”.

b.       One shall be nominated for election to that Office by the Rector and shall be known as “the Rector’s Warden”.

c.        A Candidate must receive more than 50% of the votes of those present.  If there is only a single candidate for the office of People’s Warden, he must receive more than 50% of the votes of those present.  If he fails to qualify, a further Candidate must be nominated.  If there be several candidates for the office of People’s Warden and no one candidate obtains more than 50% of votes, then there shall be further ballots for those two candidates who obtain the highest and next highest number of votes in the first ballot until one or other of such candidates obtains the necessary votes.  

If the person nominated for Rector’s Warden fails to obtain the necessary number of votes, then further nominations shall be made until the necessary number of votes is obtained.  

A vacancy in the office of Churchwarden occurring during the year of office may be filled at a Special Vestry Meeting.  Candidates for the office are entitled to vote.  

20  

DUTIES  OF  CHURCHWARDENS  

The Churchwardens shall be jointly responsible for carrying out the instructions of the Council relative to the control of the affairs of this Church, and shall have power to require the various services, and the Sacraments, to be celebrated in accordance with the Standards and Formularies of the Church of England and to prevent and prohibit the introduction of any Ceremony, Vestment, Fitting or Ornament which is unlawful in the Church of England Prayer Book of 1662.  The Churchwardens are bound to act on a complaint made in writing under this clause by at least five members of this Church, but may refer such complaint to the Council for its instructions.  

21  

DECLARATION  OF  LOYALTY  BY  OFFICE  BEARERS  

Before entering upon his/her duties, every Churchwarden, and Member of the Church Council shall solemnly assent to and subscribe his/her name to the following Declaration of Loyalty before two witnesses:  

“I………………………………………solemnly promise to adhere to the Constitution of the Church of England in South Africa, and to receive as authoritative the standards of faith and doctrine, all forms of service and discipline of the Church in accordance with the Constitution and all subsequent amendments thereto.  I further solemnly promise to acknowledge the authority and to carry out the decisions of Synod and the lawful instructions of the officers of the Church, and to work for the peaceful and Christian fellowship of the Church, its Clergy, Synod members and Constituent Churches .  I further solemnly declare that if at any time hereafter, while holding office in the Church, I consent to any agreement of compromise with any other Church or admit the authority or accept the admin istration of a Bishop or other person who does not hold office in the Church of England in South Africa, I shall resign from the Church of England in South Africa and any of its Constituent Churches within thirty days of being called upon to do so by the Synod or the Bishop or the Vicar-General or the Chancellor or the Registrar or by the majority vote of the Council or congregation of the Constituent Church to which I belong, and shall vacate and return any property of the Church of England in South Africa or any of its constituent churches which I may be occupying or holding, whether officially or personally, within the aforesaid period of thirty days.”  

22  

PERIOD  OF  OFFICE  OR  ELECTED  AND  APPOINTED  MEMBERS  

The period of office of the elected Members of the Church Council shall be from date of the Annual Vestry Meeting upon which they have been elected to the date of the next Annual Vestry Meeting;  

The period of office of appointed Members shall expire after the election of a new Council at the next Annual Vestry Meeting.  

23  

FUNCTIONS  AND  POWER  OF  CHURCH  COUNCIL  

It is the function of the Church Council to conduct and admin ister the affairs of this Church and it has the following powers (subject always to the Constitution of the Church of England in South Africa ):

a.        To appoint Ordained Ministers or duly qualified laymen as Rector or Minister or Lay-Minister to the Congregation, to terminate such appointments and to enter into contracts with persons as appointed relative to their tenure of office and other matters;

b.       To provide the requirements for divine service and to acquire and maintain property, movable and/or immovable for that purpose;  

c.        To make and/or authorise all normal expenditure and payment;

d.       To open or cause to be opened current banking accounts or savings accounts; to raise or borrow money from time to time by means of an overdraft or loans against security or by passing a mortgage over the property of this Church or in any other way as the Church Council may deem fit;  documents and cheques to be signed by two persons;

e.        To invest, lend, put out to interest, place on deposit, advance or otherwise deal with moneys not immediately required to meet current charges upon this Church and in the entire discretion of the Church Council from time to time, to realize, vary, re-invest, or otherwise deal with any such investments and securities, provided that none of the powers contained herein may be exercised unless authorized by a resolution of the Church Council passed by a majority of 60% of those elected and entitled to vote at a proper Meeting of the Church Council;

f.         Subject to the provisions of Article 26 hereof to purchase or to sell immovable property;

g.       To prepare or cause to be prepared an annual Financial Statement covering the financial year ending on 31^st March of each year, including a Revenue and Expenditure Account and Balance Sheet, certified as correct by the Treasurer or Auditor for submission to the Annual Vestry Meeting;

h.       To keep and maintain the Membership Register of this Church and such other Register as may be required;

i.         To arrange the basis on which Sustentation Funds or other sources of revenue shall be provided;

j.          To cause proper Minutes and Records of its proceedings and of all Vestry Meetings and of transactions of this Church, to be kept;

k.       To set up and establish standing and/or ad hoc committees and to delegate power to such committees;

l.         A Standing Committee consisting of two Churchwardens, Secretary and Treasurer and Rector shall be empowered to deal with any urgent matter or business between Council Meetings.  Their decisions to be reported and minuted at the next Council Meeting.  (unanimous decision of committee required);

m.     To decide on the following special matters, namely:-  

i.          Allegations of heresy or misconduct against the Rector or Minister or Lay-Minister;  

ii.         The resignation of the Rector or Minister or  Lay-Minister;  

iii.       Complaints relative to the conduct of any office-bearer of this Church;           

iv.        The interpretation of this Constitution and Rules of Procedure.  

Provided that no resolution on these matters shall be carried unless passed by a majority of 6o% of those elected and entitled to vote at a proper Special Meeting of the Church Council.  

24  

MEETING  OF  THE  CHURCH  COUNCIL  

a.        The Church Council shall meet regularly, at least once every 2^nd calendar month;

b.       Special Meetings of the Church Council shall take place at any time;

c.        Special Meetings of the Church Council shall be convened by the Secretary;

d.       Special Meetings may be convened on the decision of the Church Council or at the request of the Rector or any three Members of the Council and it shall be the duty of the Secretary to convene the Special Meeting, within seven days from the date on which he/she has received the Council’s instructions or the request of the Rector or three Members;

e.        All matters other than those specified in Section 22, shall be decided by a majority of votes.  

25  

QUORUM  OF  CHURCH  COUNCIL  MEETINGS  

The Quorum for meetings of the Church Council shall be FIVE (5) Members plus the Chairman.  

26  

FORFEITURES  OF  SEAT  ON  CHURCH  COUNCIL  

If any Member absents himself from three consecutive Ordinary Meetings of the Church Council without leave, the Council may declare that such Member has forfeited his seat on the Church Council.  

27  

IMMOVABLE  PROPERTY

No immovable property shall be purchased or sold unless sanctioned by a resolution passed at a Vestry Meeting, by not less than 80% of those present and entitled to vote.  

a.        All immovable property of this Church shall be registered in the name of the Central Trustees of the Church of England in South Africa ;

b.       All Deeds or other Documents necessary to obtain or give transfer of immovable property shall be signed by two members of the Church Council who shall be designated for that purpose by the Church Council.  Title Deeds and other legal documents are to be placed in Safe Custody.  

28  

AMENDMENTS  AND  ADOPTION  OF  NEW  CONSTITUTION  

a.        Amendments of the Constitution and the Rules of Procedure shall only be made at Vestry Meetings.  Such amendments shall only be valid:  

i.                    if at least 60% of the Church Membership is present;

ii.                 if passed by a majority of 80% of those present and entitled to vote;

iii.               if not in conflict with the Constitution of the Church of England in South Africa and Appendix thereto.  

b.       Compulsory clauses incorporated in this Constitution in accordance with the Appendix to the Constitution of the Church of England in South Africa , may not be amended unless the said Appendix is amended, and must be amended, if the Appendix is amended.  These clauses appear in the Constitution:    

i.                    as the entire sections under the headings: 

“TO  THE  GLORY  OF  GOD” 

“LEGAL  STATUS”   

“MEMBERSHIP”   

“FORFEITURE  OF  MEMBERSHIP”

“DECLARATION  OF  LOYALTY  BY  OFFICE  BEARERS”.  

ii.         as paragraph (a) under the heading “IMMOVABLE  PROPERTY”.  

Section 8 of Article 2 of the Constitution of the Church of England in South Africa refers.