1Summary

Decisions by Unity Committee accepted by Church Councils of ELCSA, ELCSA(N-T) and ELCSA(Cape Church) August 1989 (including Draft Constitution of 1991)

CONTENTS OF SUMMARY 1. Introduction 2. BASIC AGREEMENTS 2.1. The Concept of Unity (1) 2.2. The Theological Basis (1) 2.3. Agreement to unite (1) 2.4. Priorities for practising Unity (1) 2.5. Practical steps towards and in Unity (1) 2.6. Terms of Reference of the Unity Committee (1) 2.7. Rules of Procedure (1) 3. GENERAL T0PICS AGREED UPON 3.1. Communiqu (2),(3) 3.2. Church Leaders' Forum (2),(3) 3.3. LWF Relationship (2) 3.4. Consultation with EKD and VELD (2) 3.5. Financing the Unity Committee (3) 3.6. Joint Church Centre (3) 3.7. LuCiSA and Lutheran splinter Churches (5) 3.8. Hymn Book Committee (7) 4. SUB-COMMITTEES 4.1. Terms of Reference 4.1.1. Sub-Committee on Structures (Constitution) (2) 4.1.2. Sub-Committee on Financial Considerations (2) 4.1.3. Sub-Committee on Legal and Contractual Matters (2) 4.1.4. Sub-Committee on Living out Unity (2) 4.2. Recommendations 4.2.1. On Structures (4), (6) 4.2.2. On Financial Matters (4), (9), (8) 4.2.13. On Legal and Contractual Matters (3), (5), (6) 4.2.4. On Living out Unity (3), (5), (9) 5. FIRST INPUT: REFLECTIONS on the process of Unifications 17.11.1987 by A.Wustrow / F. Graz (6) 5.1. Constitutional Questions: at Church Level 5.2. Best Procedure for a Unified Church: 5.2.1. The Unity Committee works on a new Constitution 5.2.2. Drafting and signing a Contract of Unification 5.2.3. Creating a Superstructure 6. DISCUSSION OF THE THREE OPTIONS 5.2 (7): 1st Option, 2nd Option, 3rd Option 7. SECOND INPUT: DRAFT PROPOSAL for an ELCSA - Union Church, A. Wustrow / G Scriba 3.5.88 8. THIRD INPUT: Address by Bishop M.Buthelezi:11 The Theological Basis of a Church Constitution, 13.10.1988 (8) 9. FOURTH INPUT: "Synopsis of Three Constitutions and (9) "Comparison of the Three Constitutions" F. Graz 10. FIFTH INPUT: Recommendations by Church Leaders' Forum 24.1.1989 11. DECLARATION OF INTENT TO UNITE 1984 12. ELCSA Draft Constitution September 1991 THE UNITY COMMITTEE

1. AN INTRODUCTION When overseas mission societies brought the Word of God to South Africa, also amongst Lutheran Christians congregations grew according to language groups. These congregations formed into synods and became independent churches. At the same time it became apparent that the unity of Lutherans in South Africa was at stake also due to the political influences. A Federation of the Evangelical Lutheran Churches (FELCSA) was constituted in 1966 and the fellowship of pulpit and altar was decided on by the Church Leader's Conference. With the formation of ELCSA in 1975 under a new constitution it became clear that Lutherans in South Africa were divided on racial lines in their church structures. This lead to new discussions -and- in April 1984 a Declaration of Intent to Unite was signed by the church leaders of ELCSA, ELCSA(T) and ELCSA(Cape Church). After the Assembly of the LWF in Budapest in July/August 1984 a Unity Committee was instituted by the Church Councils of ELCSA, ELCSA(NT) and ELCSA(Cape Church) and this decision was endorsed by their General Assembly respective synods. Until August 1989 the Unity Committee has met many times at different venues for two to three days. Dates and venues of the meetings were as follows: 1) 21.11.1985 in Rosettenville (Johannesburg) 2) 28. 4.1986 in La Verna 3) 15. 9.1986 in Schnstatt (Cape Town) 4) 10. 3.1987 in Rosettenville 5) 29. 7.1987 in Rosettenville 6) 24.11.1987 in Schnstatt (Cape Town) 7) 3. 5.1988 in Soweto 8) 1.2.10.1988 in Kempton Park 9) 13. 3.1989 in Schnstatt (Cape Town) 10) A meeting of the three Church Councils on the 1. and 2.September 1989 11) Unity Committee 17.-18.10.1989. For the joint meeting of the three Church Councils a summary of the decisions taken by the Unity Committee which have been accepted by the three Church Councils give an indication of how far we have progressed, where our obstacles are and on which road we have to continue. It is our hope that this summary might give some assistance for the Unity cause. The CONTENTS give an outline of basic agreements, general topics agreed upon, recommendations by Sub-committees and five inputs which influenced the unity discussions. Numbers in brackets refer to the above mentioned meetings of the Unity Committee, e.g. (9) would mean that this topic was discussed in the Unity Committee meeting on 13.3.1989 in Schnstatt (Cape Town) and more information is available from the respective minutes, viz. the ninth meeting. Two documents have been added, the initial DECLARATION OF INTENT TO UNITE of 1984 and the ELCSA Draft Constitution September 1991 May God bless our deliberations! Kroondal, 25.8.1989 Rev. Georg Scriba (Revised 10.9.2010)

2. BASIC AGREEMENTS: (1. Meeting - 21.11.1985 - Rosettenville) 2.1. Concept of Unity The three churches have to be clear what their intention is with this unity, whether they envisage one leadership one constitutive organ and legislative organ. All churches agree that unity should be visible and that it would be desirable to have one lutheran church in South Africa. It is discussed whether the lutheran churches should be structured according to existing church models (e.g. the D.R.C. with its daughter churches or the integrated structure of the Anglican Church). As this is a new point of departure, this committee should investigate and establish what models would be most suitable for the Lutheran Church. The committee is to investigate the possibility of a Church with one legislative body and one leadership structure. . As a theological basis this is taken from the Declaration of Intent to unite, the numbers and the word greater in 1.4 and 1.5 are deleted. The committee resolves unanimously to have the following as concept of Unity: 2.2. Theological Basis: The incarnate word of reconciliation, Jesus Christ is the unifying centre of the church. The unity of the church as the body of Christ is thus a given factor. (cf C.A.VII and Eph. 4.4 f). This given unity has been and is experienced in our midst when and where people meet in the name of Christ (Mt. 18.20). This given unity has to be lived and to become visible in all spheres of life. In a situation where national and ethnical identity plays such a dominant role and determines the structure of society the Lutheran church has to testify by means of its own structural unity, that national and ethnical identity cannot be a criterion dividing the church and that unity cannot be seen merely spiritually. The endeavours towards such structural unity must not serve as demonstration but has to serve the edification of our congregations and churches. 2.3. Agreement to unite The three churches have agreed to unite and should draw together the mandates on one document, which is to be signed by the church leaders and which firmly commits these churches. The form of the one church would then evolve out of the work of this committee. This committee can therefore state: The Unity Committee has received the three mandates of the churches and concludes that this is a firm decision of these three churches of their intent to unite. The essential question is how this should be done. 2.4. Priorities for the practising of unity are as follows: 1. Practical unity a grass roots level. 2. Pastoral care aspects. 3. Theological contribution and aspects to unity (ethics) 4. Administration aspects. The congregations should be kept informed about discussions and structures evolving from the deliberations. Proposal The Unity Committee proposes the following two-fold approach to unity: 1. Constitutional formulation and 2. the process of living in unity 2.5. Practical steps towards unity and in unity 1. Towards unity 1.1 By the congregations 1. Joint services and activities of neighbouring congregations. 2. Mutual invitations of church elders, confirmation classes, Sunday School teachers and groups, Youth and woman groups, etc 3. Invitations between members on private basis to nurture the process of growing together 1.2 By the Circuits 1. Regular Pastor's conventions and refresher courses. 2. Joint meetings of the circuit councils of one region to organize and encourage joint activities. 3. Regular courses or conventions of the different co-workers in the circuits (Youth leaders, Sunday school teachers etc.) 1.3 By the Church Leaders and Church Councils 1. To give examples for the congregation in the unity question, joint conferences and retreats should take place. 2. Investigation of the possibility of one building for administration of the churches. Then through prayer hours and through tea breaks the everyday togetherness would become natural, and burdens and difficulties would be jointly carries and dealt with. 2. Steps in Unity 2.1 Joint missionary work 2.2 Forming of joint congregations in missionary responsibility. 2.3 Joint special ministries (pastoral care in hospitals, prisons etc.) 2.4 Extensions and intensification of theological education 2.6 Joint diaconical projects: a) on congregational level b) on circuit level c) on church level

2.6. Terms of reference of the Unity Committee 1. To recommend to Church Councils and Synods. 2. To clear up misunderstandings and problems between churches. 3. To give encouragement and to embark on the unity process. 2.7. Rules of procedure 1. Chairing: It is proposed to let the chairmanship rotate between the three member churches. The respective host-church organises the venue, convenes invites to and hosts the meeting. The host church provides the secretary and finances food and accommodation. 2. Each church is responsible for financing the travelling expenses of its own delegates. 3. The meeting will appoint a vice-chairman and vice-secretary. , 4. Consensus on voting: The chairman is to rule according to consensus as Consensus is the goal of this Unity Committee 5. How often does the Unity Committee meet? The Unity Committee envisages at least three meetings a year, so that each church has to budget for one meeting. 6. The size of Sub-committees Four sub-Committees are proposed which should be composed of three members per sub-committee, one from each church: 1. A sub-committee on structures 2. A sub-committee on financial consideration 3. A sub-committee on legal and contractual considerations 4. A sub-committee on Living-Out this unity. To save time and minimize the financial expenditure, the sub-committees could meet a day prior to the Unity meeting. 7. A communiqu from this meeting should be formulated for our Church Councils, after these have reacted and reported back to the Unity committee. 8. Information and newsletters on the relevant information, like Assembly Minutes, Synod meetings, should be exchanged and shared among the three churches. 3. GENERAL TOPICS AGREED UPON: 3.1. Communiqu and Situational Statements: It is the responsibility of each Church's administration to distribute information based on the Minutes of the Unity Committee , as was decided by each Church Council. (2) It is understood that the churches will share whatever situational statements they make with member churches. When concerns of specific and unusually strong interest arise, statements in that regard could be brought to the attention of the unity committee. (3) 3.2. Church Leaders' Forum: The chairman summarises the discussion: 1. The three churches have no common forum to talk with each other ; 2. If one church feels hurt, how can this issue be resolved without FELCSA being present? 3. All three churches are eminently present, but this Committee has no mandate for statements or for resolving this issue. A request by two members is accepted unanimously'. "This Unity Committee urgently requests the three respective churches to discuss this issue; and either to institute a forum to deliberate such issues or to mandate the Unity Committee to do this; and to consider similar future problems, which might occur, in this forum. (2) Par 11.5 After discussion of the three churches reaction to the question of establishing a forum to clarify general end wider .ranging problems between the churches the unity committee finds the . reactions in agreement with 11.5 of the previous minutes and asks the church leaders to act accordingly. (3) 3.3. Relationship towards the Lutheran World Federation: 3.3.1. National Committee in South Africa The question of a National Committee in South Africa to the LW is raised. ELCSA has a direct relationship with LWF, would ELCSA wish a combined National Committee? In answering it is said that the matter of a Rational Committee would have to be discussed if there is a change in the composition of the church. The Moravians have indicated that they do not want to be part of greater Lutheran unity. The case of the ELCB would then come up again, which might see itself as the National Committee of the nation of Botswana. The question is, how to accommodate the Cape Church. 3.3.2. Assistance from LWF for the Unity Cause: As LWF has a section on constitutions, the question arises whether the Unity Committee should propose to the CCs to asks assistance from LWF to help for example the subcommittee on structures. it is however found that this could be done at a later stage but not now at the beginning. It is felt, the churches should try to solve their problems themselves.

Should LWF be asked to help finance our Unity Meetings? The General Secretary of ELCSA is asked to apply for such financial help from LWF. (2) 3.4. Consultation with the Evangelische Kirche in Deutschland - EKD and with the Vereinigte Ev.-Luth. Kirche in Deutschland - VELKD. The invitation for holding the consultation still stands especially to resolve the web of relationships between the churches in Germany and those in South Africa. It is requested that the relationships between the churches and their overseas partners should remain as they are and not be interfered with until such time as the three churches have united. This should be reported to the EKD) and other partners. The Unity Committee resolves to let the EKD and VELKD know where we stand, as it is stated in Par.7,1-3 (Pg.9 of the Minutes) It is suggested to make a clear assessment of the situation and to ask that relations are to be left as they are at the moment. (2) 3.5. Financing the Unity Committee: Committee requests the member churches to submit detailed accounts of expenditure for unity committee work to General Secretary Assur to pass on to Africa Secretary of EKD and they be refunded upon receipt of funds from EKD. (3) 3.6. Joint Church Centre: The Unity Committee notes that discussions are continuing between ELCSA and ELCSA(T) concerning a joint Church Centre at Kempton Park. (3) 3.7. LuCiSA and Lutheran splinter Churches: Resolved that the ELCSA (NT) church again takes the matter up with LuCiSA. If a representative comes, it would be at LuCiSAs own cost and on invitation of ELCSA (NT). The representative would not be entitled to speak. If that church were to intend joining the UC formally, it would have to apply to the 3 churches. (7) 3.8. Hymn Book Committee of ELCSA: It is reported that as Prof Dr Ottermann is already serving on the hymn-book working committee, further nominations by ELCSA (T) and ELCSA (Cape Church) to that committee are unnecessary. (-7) 4. SUB-COMMITTEES 4.1. Terms of Reference (2) 4.1 .1 Sub-Committee on Structures: (Working group: Buthelezi as Chairman, Plueddemann as Secretary, Dlamini, Fortuin, Weissbach, Graz) a) Substance of the content of this work: 1) Comparison and analysis of existing constitutions; 2) Underlying Theology of Church in Constitutions; 3) Agreement on model of unity to be strived towards; 4) Reception process to launch a new constitution; 5) Consideration of actual practical context from which the churches come and how a constitution would actually work from day to day. b) Composition - covered c) Co-option: Sub-committee has right to co-opt experts while keeping all Church Councils fully informed; d) Frequency of meetings: At least as often as the Unity Committee meets, duly considering finances and practical communication of the sub-committee's work to the Unity Committee. e) Rules of Procedure: After establishing of representation on sub-committee by member churches, Bishop Buthelezi is to convene the sub-committee, Rev. Plueddemann to function as secretary. 4.1.2 Sub-Committee an Financial Consideration: (Working group: Mutshekwane, Ludewig, Dedekind) a) Research into total individual church finance systems: 1. Systems of contributions, collections, thanksgiving etc. 2. Sources of income 3. Salary structures 4. Administration 5. Travelling and Meeting expenses 6. Mission, diaconical Work and Outreach 7. Membership fees 8. Other expenses

b) Property (financial) c) Recommendations to Unity Committee d) Representation: 1. People who know the financial structures, systems may be co-opted as experts as and when necessary; 2. Sub-committee to appoint its own chairman and recording secretary; 3. Sub-committee to meet as and when necessary; 4. Look into possibilities of financing Unity York. 4.1.3 Sub-Committee on Legal and Contractual Matters: (Working group: Rohwer, Wustrow, Assur) a) The Sub-Committee is to: 1) gather and correlate all factual information to assess what legal implications need to be considered on formation of one new church structure. 2. Gather and correlate all information and contracts and contractual relationship in respect of: 1. Other Church bodies (LWF, SACC, WCC, EKD, overseas partners, others etc.) 2. Other Churches and or congregations 3. Legal entities (e.g. Trusts, Property Management entity) 4. Service contracts with lay personnel and theologians etc. 5. Medical Aid and/or pension fund schemes 6. Leases i.r.o. immovable/movable property 7. Immovable property rights b) Advise and submit clear proposals on legal implications . and contracts and contractual relationships and steps that would have to be taken. c) To advise and submit clear proposals on any matter arising form the &foregoing not specially spelt out. d) To co-opt such expert/s - both of the bar or side bar as and when necessary and to obtain legal opinion on any matter arising from the afore going. e) To give itself rules of procedure, to elect its convenor, determine place and time of its meetings. f) To liase with all or any of the other sub-committees on any matter. g) To furnish the Unity Committee with interim progress reports at its ordinary meetings and finally to submit final report and recommendations to it. 4.1.4. Committee on Living out Unity. (Working group: Serote, Mueller-Nedebock, Farisani, Scriba) a) Priorities of levels and steps of living out unity are to be worked out. b) Besides those aspects mentioned on Pg.5 and 6 of Minutes additional aspects to living out unity at the different Church levels to be considered as follows: 1. Congregations: 1.1 Common Bible studies 1.2 Common services of different language groups at regular Intervals (e.g. once a month, once a quarter, once a year etc) 1.3 Learning one's neighbour's language 1.4 Identifying congregations in one's area and obtaining relevant information about them. 1.5 Working out the role of progressive-thinking congregations to promote a spirit of unity in more conservative-thinking congregations. 2. Circuits: Working out ways of squaring up unequal structural units of the different churches in the same area, including the question of overlapping dioceses etc. 3. Churches: Accepted as it stands with the proviso that heads of churches should also meet. c) Steps in Unity: 1. Geographical identification of areas for common mission projects. 2. jurisdiction or supervision of mission congregations which are the products of common mission programmes. 3. Combined workshops/seminars an various aspects of church life, e.g., Evangelism, Deaconate etc, to be conducted variably in different church regions. 4. Dealing with current social, political and economic problems together to promote understanding. d) The sub-committee is to work out a time-table of implementation of steps to unity as well as a methodology to promote and effect the steps thus listed. 4.2. RECOMMENDATIONS by the SUB-COMMITTEES 4.2.1. Sub-Committee on Structures (Constitution) 11 MARCH 1987 ROSETTENVILLE (4)

1. Sub-Committee begins with a brief review of its work at the previous meeting. It notes the various issues to be dealt with as pointed out in the previous Unity Committee meeting on page 3. 1.1 Basic Article In comparing the basic articles, the sub-committee realised that the question of the possibility of the requirement of a new basic confession in a given historical situation needs to be resolved. Referred to plenary. (compare ELCSA Constitution 52,2). The concern was highlighted that the individual sections of the envisaged constitution need to adequately serve the proclamation of the gospel by that envisaged church. 2. Membership Sub-committee suggests that the constitution needs to reflect the membership of the individual as well as the congregation in the church as a whole clearly. (ref. Credo III in large catechism7 3. Status of the Congregation The constitution needs to strike an adequate balance between the rights and duties of the congregation and those of the church in this united relationship. 4. Status of Church Laws and Regulations Churches need to look into the matter of introducing the concept of church laws, regulations and by-laws. 5. Official Language Sub-Committee resolves that English should be the official language and adequate provision be made for vernaculars and translation/interpretation in the congregations 6. Manner of filling pastoral posts. The issue of calling, electing, transferring and sending a pastor needs careful consideration in the new constitution. 24.11.1987 Schoenstatt (6), The sub-committee has dealt with questions on - who are members of the church? - the basic article - the self-responsibility of the Congregations - language issues: for documents this should be English - in pastoral work the members' language must be respected - lay-preachers and lay-readers. 1. Who are the members of the church ELCSA(Cape) and ELCSA(N-T) reflect their history, when they speak of congregations to be the members of the church. In both cases the congregations existed before a church body was formed. (Footnote: The ALC and the LCA constitutions speak of congregations as the members of the church as well) When we look into the membership question from a theological point of view,* we have to realise, that only. the baptized individuals form the body of Christ, the Church, not the congregation. But the congregation represents and forms the church in a local sphere. The sub-com. resolves: The new constitution should define the membership as the baptised individuals who belong to the local congregation. A proper formulation which includes both aspects has to be found. 2. The Basic Article The sub-com. resolves: The new constitution must express in its Basic Article, that the Old and New Testament and the confessional writings bind the church in its specific social context to witness in public. It must be spelt out, that especially the confessional writings do not only refer to the historical background of the church, but commission the church to confess its creed today in its context. 4.2.1. 3. The self-responsibility of the congregation and the ministry of the church. Seeing that ELCSA(Cape) stresses the self-responsibility of the church, the chairman points out, that this question should be seen under the theological term of the Ministry: The vertical dimension of the Ministry is the ministry of God towards the world. The horizontal dimension of the ministry is the ministry of all participants in the priesthood of all believers. God's ministry includes the ministry of the priesthood of all believers. The horizontal dimension is concerned with the gifts and charismata of the Holy Spirit. In this dimension the rights and duties of a congregation 'are included. The sub-com. resolves: We have to avoid on the one hand the egoism of the congregation, which draws borderlines between the congregation and the church,' and on the other hand we have to see to it, that the selfresponsibility of the congregation must be kept or encouraged and not be broken. The pri6sthood of all believers must be lived in the congregational sphere. 4.2.1. 4. The language issue

The sub-com. resolves: The official language for documentation in the church and for the constitution and by-laws should be English. However the aspect of pastoral tare must be seen clearly. The constitution should start off with this aspect, that the language of the members of the congregation must be respected in its own affairs. 4.2.2. Sub-Committee on Financial Matters 11.3.1987 in Rosettenville (4) The sub-committee requests copies of the following for each sub-committee member: 1987 and 1988 Budgets 1985 and 1986 Balance Sheets 1986 Salary scales Pension fund scheme Medical Aid scheme Motor vehicle scheme, fringe benefits e.g. Housing, Electricity; Water etc. Details re decentralisation/centralisation of treasuries. Details of insurances, whether congregation or church e.g. Assets, Personnel other. The financial situation ELCSA ELCSA(NT) ELCSA CAPE Basic sources of income from Overseas Partners yes yes yes Congregations yes yes yes Interest yes yes yes Capital Trust yes no no Central Treasury yes yes yes Personnel: Maximum Pastors salary R412 R2105 R2310 minimum Pastors salary R309 R990 R1025 House supplied yes yes yes Motor car supplied No yes yes/no Travel - rate per km 30c 25c 25c Children allowance per child/p.m Pension scheme Medical aid Dean allowance Praeses R210 Bishops salary Committee numbers to prepare a questionnaire on all financial matters of the church. 29.7.1987 Rosettenville (5) The Sub-Committee on Legal and Contractual Matters is asked to examine the legal implications of property ownership and to assess the position as it is. A questionnaire is asked to be accepted by three Church Councils as by 31.12.1987. The three Church Councils are requested to state which questions should be left out and which should be added . 12.10.1988 in Kempton-Park (9) 1 First question: it is agreed upon that the questionnaire should be completed by the central administrations of each church. 2 A list of Remunerations from other churches should be obtained by church offices of the respective churches as follows: Methodist by ELCSA (Cape), R741 N /A (30c kombi) R5 yes yes No yes R100 N/A (30c kombi) R40 yes yes R105 N/A R231 N/A

Anglican by ELCSA NGK by ELCSA (T) Presbyterian by ELCSA N.G. van Afrika by ELCSA 3 Church Councils are to consider whether in a new church ordained pastors should all be on the same salary scale, irrespective of their educational level. 4 To overcome the Differences in Pastors' salaries, which are up to 6-fold it is suggested that a) Stewardship programmes to be introduced or intensified in all churches. b) stewardship programs to be furthered by stewardship teams and directors. c) Each Congregation to work towards financing its own pastor. 5 Time-Factor In what time could we succeed in overcoming the differences in the salary scales? This is a matter of education and liberation from such ideas that it is "their" church instead of "our" church. Pride in belonging to a congregation/ or church is important. Sub-Committee on Legal and Contractual Matters 16.9.1986 Schoenstatt (3) 1. Sub-Committee decides to elect Chairman and Recording Secretary from time to time. For the present the Chairman is Mr. Wustrow and the Recording-Secretary is Rev. Rohwer. 2. Sub-Committee takes note that there are no legal impediments for churches to amalgamate or restructure themselves as they deem fit. 3. Sub-Committee*takes note that no legal formalities need be complied with. (It is not necessary to apply for licences, ,obtain consents etc., nor is It necessary to inform any government authority of such change. There is one exception: If there is a change of persona in regard to fixed property the necessary steps must be taken to record this change in the applicable deeds office.). 4. Each of the Churches is to make a list and furnish copies of the relevant documents of: 1) all fixed properties of the Church (not congregations). 2) details of encumbrances (mortgage bonds y long leases, servitudes etc.) 3) contracts that churches may have to immovable property (e.g. letting or renting). 5. Churches are to furnish details of: 1) contracts, agreements etc. with other church organizations or other bodies. 2) contracts with staff and personnel, including med-aid, pension fund group insurance etc. . 6. Churches are to furnish a list of pending or uncompleted transactions pertaining to immovable property; pertaining also to congregations. 7. Sub-Committee members are to be issued not only with the .constitutions but also with the church-laws, bylaws and orders. These should be sent to the Chairman Mr. Wustrow before the 31st Dec. 1986 29.7.1987 in Rosettenville (5) All Churches have submitted their documents. Three files have now been compiled. Church Laws should be compared with the laws of the state. 24.11.1987 in Schoenstatt (6 Instead of "official" one could refer to "formal language". A minute-book is to be prepared, using copies of previous minutes. 4.2.4. Sub-Committee on Living out Unity 15.9.1986 in Schoenstatt (3) Recommendations by the Unity Committee, concerning living in unity to Church Councils: 1. The three Church Councils are requested to continue to share Information with one another. 2. Church Councils are to ask the 2 Presides and Presiding Bishop to meet if the need arises. 3. It is recommended that those involved in planning mission and evangelism in the 3 churches get together to plan ventures jointly. 4. It is recommended that where a suitably qualified person/s is/ are available the three church councils consider utilizing him/them jointly e.g. diaconical works special ministries. 5. It is recommended that Church Councils ask the different groups at all levels e.g. Sunday School, youths women, choirs, men, stewardship to inform and invite one another to their activities where possible. It is to be noted that not all groups are represented at the same level in the three churches. . 6. It is recommended that meetings of Pastors be organized on Circuit Levels and that these meetings be seen as a necessity to get to know each other. The respective authorities make the arrangements, 7. It is recommended that Church Councils encourage partnership at all levels for the sharing of spiritual and material resources.

8. It is recommended that Church Councils encourage combined Church Services on a regular basis. Either the guest worships according to the liturgy of the hosts or they may work out an order of service for the occasion. It is' advisable that the respective Pastors inform their Deans 9. It is recommended that where there are emergencies a Pastor of one church deputize for another. 10. Church Councils could ask more experienced congregations to help the less experienced in such things as common Bible Studies etc. and foster understanding between urban and rural congregations. 11. Church Councils are to urge Pastors' Conferences to take the initiative to live in unity. Church Councils are requested to organize workshops for Pastors and Church Workers on contextual and theological matters and church life. 13. Church Councils are requested to give Information on a map as to where their congregations are situated so that It -can be ascertained as to which congregations are geographical neighbours. This Information is necessary to make a combined map. 14. Church Councils encourage their members to learn more about each other, e.g. languages, culture and tradition. 15. Church Councils to investigate the listing of all Lutheran Congregations in the existing ELCSA Almanac. The way into the future is to be seen in the spirit of Romans 15:7 Accept one another as Christ has accepted you to the glory of God. 29.7.1987 in Rosettenville (5) 1. A particular pulpit exchange Sunday for 1988 is envisaged (where possible on Trinity Sunday) 2. Training of lay preachers. Sermon preparation outlines are to be- prepared in equal portions by three churches in English. Each Church Council is to take this matter into its hand and to ask its pastors to contribute sermons according to a plan which still has to be worked out . It has to be investigated if the pericopes for 1989 are the same in the three churches. 3. The Church Councils are asked to invite members from other churches to workshops. 4 Mission Congregations are to be investigated. 5. Observers of LuCiSA: This has been discussed 6. The previous decision (Par. 13.3 Minutes of Unity Committee 28.-29.4.1986) on distributing information can be misunderstood. "For internal use only" means that within the three churches, the minutes can be used as widely as possible at the discretion of the Church Councils. 7. Language: English is to be the medium at high level meeting, however, translations have to be offered to those who have difficulties with English. The congregations are to use the language which is in common use in their preaching teaching etc. Only Pastors who speak the language of the congregation will serve such congregation. 8. Impact of political climate on living out Unity: Congregation members are to talk and listen to one another on their experiences of living in South Africa and to seek guidance on Biblical ground. Experiences are shared in the Unity Committee. 9. Regulations concerning Church Life, Practice and Discipline are to be discussed at the next meeting of the Sub-Committee on Living out Unity. 12.10.1988 in Kempton Park (8) 1 The Church Councils are requested to set aside Trinity Sunday for Pulpit Exchange 2 The Church Councils are asked to assist with Sermon Outlines for Series 1, from Advent 1990 to Eternity Sunday 1991. 3 The ELCSA-Committee on Liturgy and Hymn-books is asked to make available its material to ELCSA(T) and ELCSA(Cape). 4 ELCSA Church Council is asked to invite pastors of ELCSA(T) and ELCSA(Cape) to the pastoral training which might be arranged in Marang. Pastors' Meetings at regional level should invite members of the sister churches where applicable. This should occur at least once a year if possible. Mutual meetings, as those in the Durban area, would then be organised by the two respective deans. Otherwise the inviting church would be responsible for the meeting. 5 Sermon Preparation Groups are a healthy matter. The correct procedures of communication should be followed. The Church Councils are requested to encourage their pastors to participate in Sermon Preparation Groups. The respective deans should be responsible for the Group Meetings. 6 Church Councils should encourage cooperation on the field of Mission and Evangelism. The political implications would be included in the discussions as they influence Mission and Evangelism projects. 5. FIRST INPUT: REFLECTIONS on the Process of Unifications (17.11.1987) by A. Wustrow/ F. Graz (6) Excerpt from the paper: 5.1. Constitutional Questions: The Church Level:

10

1. The highest legislative, executive and Juridical power lies with the Church-Synod (General assembly) and the Church Council. 2. This structure will be needed in the unified Church. 3. The problem to be dealt with: ELCSA seems to be structured in a more hierarchical way - from the top to the grass roots. ELCSA(Cape) and ELCSA(NT) seem to be structured from the grass roots to the top - in a Presbyterian tradition. 4. None of the 3 constitutions can cover the realities of the unified church. Therefore a new constitution is needed. 5.2 For the process to come to a new constitution which will be acceptable for all the 3 churches, there are three possibi1ities: 5.2. 1. The Unity Committee works on a new constitution which covers the realities of the 3 churches, until it is accepted by the 3 synods: a) The draft must pass the 3 Church Councils. b) The draft must be referred to the 3 synods, which meet only every 2 years. c) Disagreements by one of the 3 synods on basic questions or even on minor questions or on formulations make it necessary to refer the draft. back to the CC and t o the Unity Committee d) Only after 2 years the draft can be discussed again by the 3 synods. e) Seeing that the 3 synods do not meet at the same time and that they surely will have different requests, the process of accepting the Constitution will take many synodal periods. 5.2.2. Drafting and signing of a contract of Unification a) The Unity Committee drafts a contract of unification. This contract should include: - certain principles for the new constitution; - the institution of a constituting synod; - the institution of a constituting CC b) This draft contract goes via CC to the 3 synods and could be accepted much more easily, probably at the next synod meetings. c) The new constituting synod with its constituting C.C. could take over the drafting and finalizing of the constitution. e) The new constitution will come into operation much sooner because of the fact, that synod members of the 3 churches are already involved in the process and more understanding and confidence is built up. 5.2.3. Creating a "superstructure", which stands above the existing constitutions. a) The Unity Committee drafts guidelines to create a superstructure" with the help of experts. b) This structure could include a synod consisting of members, who are elected by the 3 existing synods. This new "super synod" would elect its own C.C. c) Certain rights could be allocated to this super synod and its C.C. by the existing synods d) After a period during which confidence is built up this synod with its C.C. could draft a new constitution which makes the "superstructure superfluous. 6. Discussion of the Three Options: On 3.5.1988 at the Meeting in Soweto the three Options 5.2.1., 5.2.2 and 5.2.3. were discussed. The following comments were made : 6.1. Option 1 (UC works on new constitution). - Australian experience took 23 years. - Expression of love is one thing but things must be done properly, e.g. lobola must be paid so to say. - The urgency and dynamics of the deliberations are understood. - Over the past years little progress has been made towards achieving the goal of unity of the 3 churches. - Negotiation is a long and ongoing process. In the interim appropriate accommodation is necessary. - The advantages and disadvantages of each of the 3 options should be discussed. - The possibility exists that there are further options also to be looked into. 6.1.1 Advantages to proceed under option 1. - The U.C. is a body that exists and has become known in the congregations. - Ultimately all will know where one stands and what is achieved. - Option 3 is a compromise between option 1 and option 2. 6.1.2. Disadvantages to option 1. - Time delay. - All "paper work" whereas a joint synod could be a better sign if visible unity. - Unrealistic to expect that the task could be completed in 10 or 5 years. - Need not take so long. We must see the need of the congregations. ELCSA came into being within 10 years.

11

6.2 Option 2 (contract of unification). 6.2.1 Disadvantages. - Contract could be seen as a goal in itself and serve as a 'fig-leaf'. - Surprise is expressed at the difficulty being seen in "being together". A constitution is there to guide, to be a commitment, to emphasize "being together". 6.2.2 Advantages. - Options 2 and 3 are tempered by the disadvantages. - Faith and trust must be experienced and seen in what we are doing. - Disadvantages should not paralyse but one should plunge in faith. 6.3 Option 3 (super structure). 6.3.1 Advantages. - Once brought into being, decisions must be made there. - It would be a tangible step. - Its constitution could provide for a total merger of the 3 churches. - One leading Bishop would be seen as the Bishop representing one church and would be each member's Bishop also. - What we do, must manifest the one given church. - Constitution for a super structure could be done in a reasonably short period. - Emphasis is to be placed on all matters and things that we agree upon - rather than what divides. Option 1 is emphasizing the divisions. - What is needed is something that can grow from small manifestation to a final United Church. - One option does not exclude others. While option 3 is operative option 1 could continue, if necessary. 7. SECOND INPUT: On 4.5.1988 in Soweto a DRAFT PROPOSAL was introduced by A Wustrow/ G Scriba as an example of Option 3: DRAFT PROPOSAL EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA - UNION CHURCH ELCSA (UC) 1. Basic Article: To be formulated according to similar existing constitutions: The Gospel of Jesus Christ according to the Old and New Testaments, the three ecumenical creeds and the Lutheran Confessional Books, in particular the Augsburg Confession and Luther's Catechisms. 2. Purpose: 2.1. To manifest, entrench and foster in faith and living the Christian communion existing between member churches. 2.2. A body, consisting of members from ELCSA, ELCSA(T) and ELCSA(Cape C) is to work out a common constitution for a unified Evangelical Lutheran Church in Southern Africa and to achieve the goal of a unification of all Lutheran churches in Southern Africa. It is to direct closer co-operation during the interim period until a unified Evangelical Lutheran Church has come about. 2.3. To foster mission, evangelism and diaconical work. 3. A General Synod: The General Synod is to consist of 52 members, 4 delegates from each Diocese/Circuit/ Conference of ELCSA/ ELCSA(N-T)/ ELCSA(Cape C) respectively, as well as the members of its Church Council. Approximately two-thirds of the elected members to be lay-men/women. The General Synod is to meet at least bi-annually. 4 . Church Council: The Church Council shall consist of 13 members, one from each Diocese/Circuit/Conference of ELCSA, ELCSA(N-T), ELCSA(Cape C) resp, to be elected by the General Synod from amongst its members. The Presiding bishop and his deputy are ex officio members of the Church Council. The Church Council forms, as is customary, an executive consisting of chairman, secretary and treasurer to function when the Church Council is not in session. The General Synod to elect the secretary and treasurer from amongst their midst. 5. The Presiding Bishop: The head of the Church shall be a Presiding Bishop. The Presiding bishop and his deputy are elected by the General Synod for a period of 4 years. Re-election is possible. He and his deputy are to be elected from the body of church leaders. 6. The Bishops' Conference: The bishops/church leaders are to form the Bishops' Conference and be responsible for spiritual church life. 7. Mandate: 7.1. to witness to and to defend Scriptural truth and Christian faith together; 7.2. to formulate a unifying constitution for the church,

12

7.3. to work towards further unification of all Lutheran churches in Southern Africa; 7.4. to take charge of Lutheran Theological Training and Education in conjunction with other , Lutheran bodies 7.5. to prepare common forms of worship, liturgy and a common hymn book; 7. 6. to convene combined Pastors' conventions and foster ongoing training; 7.7. to institute a combined administration centre and appropriate administration; give itself a standing order etc.; 7.8. to prepare Christian Education, Sunday School, Religious Education, Confirmation, Adult Education programmes; 7.9 to achieve equalization of pastors' remuneration benefits etc.; 7.10. to foster such other work which furthers Lutheran and ecumenical goals; 8. Financing: The three participating churches to contribute proportionately towards a combined treasury. 9. Rules and By-laws The General Synod to pass such church rules and by-laws as it may be empowered to, in the interim, by the member churches. 10. Status: The General Synod shall be an autonomous body having perpetual succession and legal capacity, independent of its constituting churches, whose status shall in the interim remain unaffected. 11. Language: The formal language is to be English. 12. Conclusion. 8. THIRD INPUT: Address by Bishop Dr. M. Buthelezi on 12.10.1988 in Kempton Park: "The Theological Basis of a Church Constitution Points of discussion following the address are given according to the Minutes of the Kempton Park Meeting: Discussion: 1 Sharing all property was not an obligation in Apostolic times. It is pointed out that this question is to be seen in conjunction with the expectation of the imminent return of Jesus Christ. Possessions are to be used and should not become attachments. 2 Furthermore it is pointed out that our churches all emphasize the concept of stewardship. Each should share according to his gifts. 3 The Theological Basis: The structures of the church should not be underestimated, they are essential. However they serve the proclamation of the Gospel and the administration of the Sacrament. Art.7 of the Augsburg Confession should not lead to a form of idealisation but it should be seen in an holistic way. 4 The Theology and Sociology of the Church: The church as a sign should move ahead of the developments of society. 5 The local and universal dimensions of the Church: Congregations and universal churches do not exclude each other. The Universal Church is the body of Christ, the worldwide fellowship. We belong to a reality which is bigger than what we see. The concept of the visible and hidden church is that the latter is in, with and under the visible church. Lutheran tradition has to live with the tension between the universal aspect and the indigenisation of the Word. 6 The office of the ministry of the church: There are two lines of Lutheran theology, on the one side is the priesthood of all believers; on the other side the office of the priest standing in opposition to the congregation in the ministry of overseeing. Our church draws from both traditions. The biblical basis for the apostolic succession is to be understood as an unbroken tradition of the apostles' preaching. Concerning the concept of a Bishop for life, it should be asked: what is the best in the interest of the church? The two dimensions, i.e. of continuity and of bringing in freshness with younger overseers, have to be considered. In practice ELCSA tries a mixture of both lines. A pastor is ordained for life, however, his office could change (e.g. youth pastor, leader of an organisation, etc.) The requirements of the church can change. The bishop in his role of keeping continuity does not frame the policies, this is done mainly by the councils. 7 The theology of order and beauty: Here the "Cosmos", the wholeness of life, is stressed and thereby all three articles of faith are duly emphasized. It is proposed that matters discussed should be taken up by the Sub-Committees. 9. FOURTH INPUT: "A SYNOPSIS of the Three Constitutions" was presented by F. Graz on 13.3.1989 in Schnstatt (Cape Town) 9.1. A COMPARISON OF THE THREE CONSTITUTIONS OF ELCSA, ELKSA(NT), ELCSA(CAPE C.), What have the 3 constitutions in common? I. The following topics are covered by all 3 constitutions: 1. The Faith and Doctrine of the Church

13

2. The Mission of the Church 3. The Membership of the Church 4. The Ministry of the Church 5. The Congregation 6. The Circuit 7. The Church Synod /General Assembly 8. The Church Council 9. The President/ Presiding Bishop / Praeses 10. The Legislation 11. The Property II. The following common structures are to be found: 1. The congregation The Congregational Council The Minister of the Congregation The Congregational Meeting 2. The circuit (not so much structured in ELCSA(Cape)) The Circuit synod The Circuit Council The Dean 3. The Church The Church Synod The Church Council The Church Leader The Ecclesiastical Council (not in ELCSA (Cape) 9.2. Synopsis of the three Constitutions: Discussion by the Unity Committee on 14.3.1989 in Schnstatt according to the Minutes: 1. Dean Graz led a discussion on the Synopsis of the 3 constitutions. 2. At the same time he distributed a "Description of the Constitutional Situation of ELCSA ( NATAL -TRANSVAAL ). No problems are foreseen in the following areas: i) The Basic Article. ii) The Membership Issue. 3. With regard to the "Ministry" the problems are still to be resolved. 4. The position occupied by the "Congregation" within the structure of the Church also needs to be resolved. 5. All three Churches have "Parish" structures, but only in ELCSA do they figure in the constitution of the Church. 6. Circuits are more active in the realm of legislation in ELCSA and ELCSA ( NATAL -TRANSVAAL ) than is the case in ELCSA ( CAPE CHURCH). The status of the "Circuit" as well as its size is to be clarified in future discussions. 7. Only ELCSA constitution makes provision for Dioceses, which perform functions which in the other two Churches would be performed by the Church. 8. The title "Bishop" should not cause any problems, however the term for which a bishop is elected needs further discussion. 9. The method of "installation" respectively "consecration" of a bishop needs to be further discussed and clarified. 10. The functions of the "General Assembly" in ELCSA, and that of the Synods in the other two Churches, though similar, needs further discussion and clarification. 11. The Committee should work on a proposal with a structure of 4 levels. Congregation, Circuit, Diocese, General Assembly (Synod). 12. The question as to what a Church Law" is and what the purpose of "Church Laws" are needs to be clarified. 13. No problems are foreseen with regard to the legal implications of property ownership. 14. ELCSA constitution has no dissolution clause, nor does it refer to financial matters, whereas the other two constitutions do have such provisions. 15. The main problem areas to be clarified for a new constitution are point 5 The Congregation" and point 9 The Diocese i.e. the life long episcopate." 16. The matter of drafting the constitution should be referred to the Churches, especially with regard to the principle of structural integration. 17. If a body is said to have an "own" constitution, then this is to be seen in the fact that that body is able to alter that constitution by its own decision. Otherwise it does not have an own constitution.

14

18. The question as to what the "Church" is needs to be clarified, as well as the function of a Church Structure" within the various structures of this world. It was also emphasised that one structure should not be deemed to be more sinful, or theologically more acceptable, than another. 19. It was suggested that there is merit in the consulting of a legal expert on constitutions before the matter is referred to the Churches. 20. 7 different options of unity were tabled by Rev G Scriba. FIFTH INPUT: CHURCH LEADERS' FORUM, 24.1.1989 in Johannesburg Bishop Serote, Prses Mller-Nedebock and Prses Rohwer discussed the Unity issue. 10.1. Proposal by the Church Leaders' Forum for a Joint Church Council Meeting on 1-3 September 1989 in Soweto: 1. To discuss "Where are we?" and "Where do we go from here?" 2. To discuss the question of a full-time secretary for the Unity Committee. 3. To discuss how the Unity-Process could be accelerated. 4. To discuss the possible formation of a "Lutheran Council of South Africa" and/or a "Congress of Lutheran Churches in Southern Africa. 5. To discuss the request of the Foreign Office of EKD of whether and how to send pastors from Germany into the service of ELCSA(N-T) and ELCSA(Cape). 6. The distribution of Information between the three Church Councils. 7. The Problem of Lutheran Splinter-Groups and their integration into the Lutheran Churches in South Africa. 10.2. At its last Meeting 13.3.1989 in Schnstatt the Unity Committee endorsed the Proposed Joint Church Council Meeting: The meeting decided to recommend a joint Church Council meeting of all 3 Church Councils, for the following reasons: 1) Fellowship. 2) Progress on consensus reached. 3) Report on the problem areas of the constitution as well as the areas of easy consensus. 4) To discuss a possible presentation on the topic "Why Unity". 5) Living out Unity. Proposed date: arrival 1st September before 8 pm. meeting 2nd September, concluding service & departure 3rd September. The venue of such a meeting to be decided by the Church Leaders. Soweto is a possibility. Bishop Serote to be convenor. DECLARATION OF INTENT TO UNITE At the meeting of representatives from ELCSA, E~SA (N-T) and ELCSA (Cape Church) on 18 and 19 APRIL 1984 it was resolved to lay the following before the respective Church Councils concerning the unity of the Lutheran Church in South Africa. 1. Theological Basis 1.1. The incarnate word of reconciliation, Jesus Christ, is the unifying centre of the Church. The unity of the Church as the body of Christ is thus a given factor. (cf. C.A.. VII, and Eph. 4,4f) 1.2. This given unity has been and is experienced in our midst when and where people meet in the name of Christ. (Matthew 18,20) 1.3. This given unity has to be lived and to become visible in all spheres of life. 1.4. In a situation where national and ethnical identity plays such a dominant role and determines the structures of society, the Lutheran Church has to testify by means of its own greater unity, that national and ethnical identity cannot be a criterion dividing the Church and that unity cannot be seen merely spiritually. 1. 5. The endeavours towards such greater structural unity must not serve as a demonstration but has to serve the edification of our congregations and churches. 2. Lutheran Unity Commission 2.1. Seeing that former unity talks did not succeed direct negotiation should be held. On the above basis we urge our churches to establish a unity commission. 2.2. Delegates must be nominated by the end of May 1984, ELCSA 6, ELCSA (N-T) 3, ELCSA (Cape Church) 3.

15

2.3. Each church shall have the right to co-opt additional non-voting members. 3. Mandate for the Unity Commission 3.1. Formulation of a theological basis for unity. 3.2. Clarification of the historical development on the unity issue in the past. 3.3. Comparison of the constitutions of the churches involved. 3.4. Programming and monitoring on an ongoing learning process through: 3.4.1. Co-operation between congregations, e.g. Sunday School, Youth Work; Womens Groups, Pulpit Fellowship. 3.4.2. Common worshipping on a regular basis. 3. 5. Formulation of guidelines to dea1 practically and appropriately with the political responsibility of the Church, e.g. social evils, human rights issues, injustices. 3.6. Analysis of financial implications of Lutheran Unity. 3.7. Analysis of legal implications. 3.8. The commission is to report regularly on progress and to make recommendations to the church councils. The first such progress report should be available to churches by the beginning of October 1984 for considerations by synods. 4. Recommendations: 4.1. Available position papers of the churches involved concerning unity and political responsibility of the Church to be noted thoroughly by the church councils. 4.2. Mutual exchange of information on important decisions taken by the churches. 4.3. To consider the desirability of joint pastors retreats regularly to promote unity. 4.4. To envisage and to prepare for a preliminary combined Assembly in the second half of 1985. 5. Conclusion Meeting during the Holy Week we remind ourselves of the unity found under the cross of Christ which encourages us to live mutual reconciliation and forgiveness. Johannesburg, 19 April 1984 (signed) D.P. Rapoo L. Mller-Nedebock C. Brandt

16

ELCSA Draft Constitution September 1991 DRAFT CONSTITUTION OF THE EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA PREAMBLE: THE EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA (CAPE CHURCH) EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA (NATAL-TRANSVAAL) In obedience to the prayer of their Lord and Saviour as stated in St. Join 17 and 20 unite into one Church and therefore pray for Gods Grace and Blessing. ARTICLE 1 THE NAME The name of the Church is the EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA hereafter referred to as the Church. Bye-law 1.1. The seat of the Church is at Kempton Park. ARTICLE 2 NATURE AND DOCTRINAL BASIS The Church is founded on the gospel of Jesus Christ as revealed in the Holy Scripture of the Old and the New Testament as the only norm and guide for faith, doctrine and human existence. Together with other Christian churches it confesses its faith in the Triune God through the early Christian Creeds, namely the Apostles Creed, the Nicene and the Athanasian Creed and the Confessional Writings of the Lutheran Reformation, especially the Catechisms of Dr. Martin Luther and the unaltered Augsburg Confession. ARTICLE 3 ORGANISATION (1) The Congregations and parishes, circuits, dioceses, institutions and charitable organisations form the Church as an integral unit. They are juristic persons. (2) Within this unit they exercise the self-discipline, independence and freedom necessary for the fulfilment of their special calling, guaranteed and limited by Church regulation. (3) The Church is the successor to all rights and obligations of the churches referred to in the preamble to this Constitution. Bye-law 3.1 The rights of the church bodies having juristic personality are limited by the organisation of the Church structures through this constitution and the competence of the Church to regulate all questions of import to the Church as a whole. Decisions of church bodies that extend beyond their own spheres and that affect other church bodies having juristic personality require the latters' consent to become legally effective. This consent may also be given by not raising an objection within a reasonable time. Every church body with juristic personality may, within its own sphere, acquire both movable and immovable property of rights against payment therefore or free of charge. Immovable church property or rights that are not acquired for a congregation, parish or for a diocese are to be registered in the name of the Church. The sale or encumbrance of immovable property or rights require the consent of the relevant diocese. Juristic disputes between congregations and parishes, between congregation, parishes and circuits or amongst circuits are resolved by the Diocesan Synod. Such disputes between circuits and the diocese or between dioceses and the Church are resolved by the General Assembly of the Church.

17

ARTICLE 4 THE MISSION The mission of the Church is to glorify and praise the name of the Triune God. This is realised by Bringing the Gospel to all people through preaching and teaching the Word of God and through administering the Holy Sacraments, Being a witness of Jesus Christ as servant to the world by word and deed in faith, love and hope; Working towards the realisation of the oneness of the Body of Christ. Bye-Law 4.1 The Church fosters the ecumenical relationships with other Christian churches in Africa and worldwide. It tends to the traditional church relationships of its dioceses. Co-operation with the Lutheran World Federation and the World Council of Churches and their bodies is to be seen by the Church as one of its tasks. Representatives, delegates and observers of the Church in the world-wide church organisations are appointed by the Church Council on proposals by the Dioceses. ARTICLE 5 THE MEMBERSHIP Members of the Church are: - All adults and children who have been received into the Church through baptism; - All persons baptized in the name of the Triune God and in the recognized manner and who have been admitted by a Congregation from other denominations after having been instructed in the Lutheran doctrine and who have expressed their adherence thereto. Other churches, synods, dioceses or other congregations may join this Church by application which expresses their acceptance of the Constitution, laws and order of this Church. Their members thereby become members of the Church. Acceptance of such applications rests with the Diocesan Synod. Bye-law 5.1 The application for membership in the Church by adults and the acceptance of the Constitution, law and order of the Church are to be addressed in writing to the congregation or parish of the applicants residence or to the congregation or parish which the applicant wishes to join. 5.2 The congregational or parish council resolves on the application after the pre-requisites for membership have been met. Acceptance in the congregation or parish is effected in the manner customary in each locality. 5.3 Incorporation of Christian congregations into the Church is effected by the relevant bodies of the applicable dioceses so resolving. These resolve the matter with a two-thirds majority after the pre-requisites have been met. 5.4 Incorporation of churches is effected by the General Assembly of the Church resolving so with a two-thirds majority. Details are regulated by way of Church law, enacted by the General Assembly. 5.5 Movable and immovable property as also rights and obligations of church bodies that have been incorporated pass to the applicable congregation or parish and in the case of this being of regional extent to the applicable diocese. ARTICLE 6 The essence of church membership is the incorporation into the Body of Christ, effected by the Word and Holy Sacraments. Accordingly every member of the Church is a member of a congregation. Members of the Church are: To lead a Christian life and to promote the edification of the Church and to lead non-believers to Him; To observe the rules and regulations of the Church and to counsel all who profess themselves to be her members to do the same; To bring regularly all contributions and offering which have been decided upon by the Church; To make every effort otherwise to support the Church financially.

18

Bye-law 6.1 Rights and obligations of new Church members that existed towards their former congregations or parishes, circuits and churches remain effective against the Church and its regulated bodies. In case of doubt the applicable diocese of the Church stands in the position of the former church. ARTICLE 7 Every member is entitled to the spiritual care and instruction which the Church is duty-bound to give. Confirmed members have the privilege to partake of the Holy Communion and may act as God-parents. A member who is a communicant and has reached the required age has the right to participate in Church affairs and to use his vote in decisions to be taken. Bye-Law 7.1. Church members having voting rights and who are of majority age, may be entrusted with honorary appointments within the Church. 7.2 Complaints and other disciplinary matters against Church members or officials shall be governed by way of church law enacted by the General Assembly. ARTICLE 8 (1) A Church membership may be terminated. (2) A member undergoing church disciplinary action is suspended from rights and privileges. (3) A member who has for two years without justification not attended Church services or has not partaken in Holy Communion or has failed to bring regularly all contributions and offerings, is denied the right to take active part in Church affairs and to hold any office of trust. Bye-law 8.1 Resignation from the Church is to be submitted to the congregation or parish in writing. On receipt of the notice of resignation the pastor renders to the member appropriate pastoral care. The termination of Church membership becomes effective at the end of thirty working days which are calculated from the day after the date on which the notice of resignation was received. ARTICLE 9 THE MINISTRY The Ministry entrusted to the Church and all Believers by Jesus Christ is expressed in different services. All who have been called to these services shall work together for the fulfilment of the commission of the Church. The commission to public preaching and to the administration of the Holy Sacraments is granted through ordination. Subject to a specific call and commitment to teaching all church-workers may be entrusted with the preaching of the Word. In certain circumstances they may be called to assist with the administration of the Holy Sacraments. Church members shall participate in the divine services, in charitable service (diaconia) and missionary activity, in Christian instruction, and other congregational work and Church administration. Details shall be governed by way of Church law, enacted by the General Assembly. ARTICLE 10 THE CONGREGATIONS The congregation is a community of members of the Church who regularly congregate around Word and Sacrament. It shall have the function of shaping the congregational life within its area and it shall cater for the proclamation of the Gospel through Christian love and charity and promote Christian instruction.

19

Bye-law 10.1 The Congregation and Parish as church bodies are juristic persons, within the framework of this Constitution. 10.2 A congregation or parish shall be formed in consultation with the neighbouring congregations and the Circuit Council and is effected through resolutions of the Diocesan Council. 10.3 A pastor or other person trained as a church worker for the proclamation of the Holy Scripture and the administration of the Holy Sacraments shall be appointed to every congregation or parish. 10.4 In multi-lingual congregations or parishes it is to be ensured that pastoral services are rendered in the languages predominant amongst the members of the congregation. 10.5 The congregation and parish is responsible for all undertakings and institutions that serve the life of the congregation or parish. It is also responsible for the movable or immovable property, particularly for the church buildings and the residence of the pastor. 10.6 A general meeting of all voting members of the congregation shall be convened annually under the chairmanship of the chairman of the Congregational Council. The general meeting resolves all matters that are submitted to it by simple majority vote. If ten percent of voting members of the congregation so require an extraordinary general meeting is to be convened. The annual general meeting receives the reports of the pastor, the congregation or parish council in regard to the spiritual life of the congregation or parish, the state of the church property, particularly the church building and the pastors residence, the financial position and other matters affecting the Church, congregation or parish.

ARTICLE 11 THE CONGREGATIONAL COUNCIL Each congregation shall have a Congregational Council. Permanent members are the pastors of the congregation. Elected members are the elders who are elected for a term, and who may be re-elected for one further term. Non-voting members are the leaders of the Churchs local associations or institutions. Bye-law 11.1 The number of elders is dependent upon the size of the congregation or parish and the local circumstances. All persons having voting rights may be elected to the congregational or parish council after attaining 21 years of age. Details are regulated by way of church law, enacted by the Diocesan Synod. ARTICLE 12 (1) The Congregational Council in co-operation with the Pastor shall administer the congregation. (2) It shall stimulate congregational life. It shall ensure that the regulations of the Church and the decisions of the higher councils are implemented in the congregation. It shall collect all income from the congregation and shall, together with the treasurer, be responsible for the same. The Congregational Council is in charge of the buildings and all assets of the congregation.

20

Further regulations concerning congregations shall be established by way of church law, enacted by the Diocesan Synod. Bye-law 12.1 Reference is made to the church law governing the congregations and parishes in the Evangelical Lutheran Church in Southern Africa. ARTICLE 13 THE PARISH A Parish is an association of the congregations within a defined area. The boundaries of the Parish shall be defined by the Diocesan Council. The stipulations in regard to the Congregations as set out above shall mutatis mutandis apply to the Parishes. Bye-law 13.1 The Parish is a legal church body within the framework of this Constitution. 13.2 Existing congregational associations are parishes in the sense of this Constitution. ARTICLE 14 THE CIRCUIT The congregations and the parishes of a diocese are grouped into circuits normally on a geographical basis. The boundaries of a Circuit are determined in such a way that inter-congregational tasks can be adequately executed. The Circuit is a supervisory and an administrative body. The leader of a Circuit is a dean. The functions of the Circuit are the fostering of co-operation of church activities and services amongst its congregations as well as the performance of common tasks even beyond its boundaries. The formation, dissolution and amalgamation of Circuits is to be governed by way of church law, enacted by the Diocesan Synod. ARTICLE 15 THE CIRCUIT CONFERENCE The members of the Circuit Conference are: the dean, the members of the Circuit Council, the pastors, members of the Diocesan Council in the circuit and the delegates elected to the Circuit Conference by the congregations and parishes. The Circuit Conference assists the dean in the execution of its duties, especially in his service of visiting the congregations and parishes. It is responsible for the execution of the resolutions of the Church. The Circuit Conference deals with the questions of life in the congregations and parishes of the Circuit. It develops a comprehensive view on major developments in its area as far as they are of importance to the tasks of the Church. The Circuit Conference resolves on the budget of the Circuit and presents it to the Diocesan Council for inclusion in the budget of the Diocese. The Circuit Conference is elected for a period of six years. Bye-law 15.1 Every congregation shall delegate to the Circuit conference two persons having voting rights. 15.2 The fulltime church office bearers in the congregation and in the circuit are members of the Circuit Conference without voting rights. 15.3 The Circuit Conference convenes biennially. Extraordinary sessions may be convened by the Circuit Council.

21

ARTICLE 16 THE CIRCUIT COUNCIL The Circuit Council consists of the dean as chairman, his deputy and three lay members who are elected by the Circuit Conference. The Circuit Council is responsible for the execution of tasks within the circuit. It conducts the current affairs of the circuit. It advises the congregational and parish councils. It supervises institutions in the circuit. Bye-law 16.1 The Circuit Council shall convene at least twice annually. Besides the a foregoing the dean shall be entitled to convene Circuit Council meetings. ARTICLE 17 THE DEAN The Dean of the circuit is an ordained pastor and incumbent of a pastorate. He is elected by the Diocesan Synod for a period of six years and may be re-elected. The Dean is the spiritual leader of the circuit and as such he visits the congregations and parishes in his circuit. He encourages, comforts, gives advice and reprimands through the Word of God. Bye-law 17.1 The Dean is installed in his office by the Bishop of the diocese. 17.2 The Dean conducts a visitation of every congregation and parish in his circuit every three years. He submits his visitation reports to the Diocese. 17.3 The Dean participates in the ordination of pastors when requested to do so. He installs the church co-workers in their positions in his circuit, congregations and parishes. 17.4 The Dean chairs the pastors conferences and the conferences of other church workers. He is responsible to ensure further training of the pastors and the co-workers in the circuit. 17.5 The Dean is entitled to participate in but not entitled to vote at all meetings of all bodies in the congregation and parish of his circuit. The Deans deputy is elected by the Diocesan Synod. ARTICLE 18 THE DIOCESE The Diocese is composed of circuits within a geographical area. It is a legislative and administrative unit of the Church. The delimitation of the Diocese is determined on the recommendation of the Diocesan Councils by way of Church law, enacted by the General Assembly. Each Diocese is headed by a Bishop. Bye-law 18.1 The Diocese is the legal church body within the framework of this Constitution. The seat of the Diocese is determined by Church law, enacted by the General Assembly. 18.2 In the establishment of the Diocese the number of congregations and parishes in the area, the Church tradition, the historic backgrounds and geographic aspects of the Church are to be taken into accounts and the affected Congregations, Parishes, Circuits and Dioceses are to be heard.

22

ARTICLE 19 THE DIOCESAN SYNOD Delegates to the Diocesan Synod are: The Bishop, the deans, the pastors, the members of the Diocesan Council, the lay members of the General Assembly in the diocese and one lay member from each congregation parish of the diocese as elected by the congregational or parish councils. As non-voting members there shall be one representative from each church institution within the diocese. The elected members of the Diocesan Synod shall hold office for six years and may be re-elected. The Diocesan Synod elects, from amongst its members, its president and two deputies. The Diocesan Synod shall convene at least once biennially. Bye-law 19.1 The total number of theologians and non-theological co-workers of the diocese who are members of the synod is as a rule not to be larger than the number of elected lay members. Deputies are to be elected for the lay members. 19.2 Non-voting members of the synod includes the representatives of the womens-, mens- and youth work within the diocese. These are deputized by the bodies of the church institutions and by the work groups referred to. ARTICLE 20 The Diocesan Synod shall have the duty: To ensure that the mission of the Church is carried out in the diocese. To give advice, counsel and assistance in matters concerning the congregation and parishes of the diocese. To elect the Bishop, the Deans, the members of the Diocesan Council and the delegates to the General Assembly. To resolve the budget of the diocese; to enact resolutions in regard to financial aspects of the congregations, parishes circuits and institutions. It is to authorize collections for special purposes. Bye-law 20.1 The Diocesan Synod convenes biennially. It shall have a quorum if at least one half of its members are present. 20.2 At the request of the Bishop in consultation with the Diocesan Council or at the request of one third of the members of the synod and subject to the submission of the agenda an extraordinary session of the synod is to be convened. 20.3 Every session of the synod shall commence and close with a divine service. 20.4 At the constituting session of the synod it shall elect from amongst its members its president, his two deputies and the synod secretary. It formulates its rules of procedure. 20.5 In so far as nothing is stated to the contrary the synod resolves matters by simple majority. 20.6 Fixed items on the agenda of all ordinary synod sessions are the report by the Bishop, reports from the circuits, institutions and work groups, the annual budget of the diocese together with the treasurers report and accounts of the previous year. 20.7 The Diocesan Council is empowered to engage experts or call for expert opinion.

23

20.8 The decisions and resolutions of the synod shall be signed by the Bishop and made known to all congregations and parishes in the diocese. ARTICLE 21 THE DIOCESAN COUNCIL (1) The Diocesan Council consists of the Bishop, the Deans, the Executive Secretary and the Treasurer, the President of the Diocesan Synod and as many lay members as there are circuits in the diocese. The Executive Secretary and the Treasurer are non-voting members of the Diocesan Council. (2) The term of office of the Diocesan Council shall be six years. (3) The Diocesan Council is responsible to the Diocesan Synod and functions on its behalf when the latter is not in session. The Diocesan Council has the right and authority to do or cause to be done whatever may be necessary to carry out the objects of the church and the decisions of the Diocesan Synod. Bye-law 21.1 The Diocesan Council may be convened by the Bishop whenever necessary but shall be convened at least once half yearly. The Bishop chairs the meetings of the Council. 21.2 The Council prepares the sessions of the Diocesan Synod. 21.3 The Council decides in disciplinary matters. In disciplinary matters an appeal may be made by the affected person, to the Church Council, against such decision. The decision of the Church Council is final. 21.4 Decisions by the Bishop that affect the diocese fundamentally are to be submitted to the Diocesan Synod at its next session. They may be reversed by the synod by way of a two thirds majority vote. ARTICLE 22 CLERICAL COUNCIL There shall be a Clerical Council, presided over by the Bishop, consisting of the Deans of the diocese. The Clerical Council shall advise and admonish the diocese as a whole on pastoral matters. It shall ensure that the unity of the Diocese is always manifested in its life. The Clerical Council shall convene at least once half yearly. ARTICLE 23 THE BISHOP (1) The Bishop shall be an ordained pastor. (2) The Diocesan Synod elects the Bishop by secret ballot from amongst the candidates. Such ballot is to continue until one candidate receives a two-thirds majority of all votes cast. If after six ballots no candidate has received a two-thirds majority, the Bishop will be elected with a simple majority. (3) The Bishop shall be consecrated or installed by the Presiding Bishop assisted by Bishop and clergy. Bye-law 23.1 Preparations for the election of a Bishop are made by the Church Council which acts as an electoral college and collects the complete list of nominations. 23.2 All pastors of the Church and all congregations, parishes, circuits of the respective diocese may nominate candidates. Of all names submitted the Diocesan Synod eliminates in the nomination ballot all candidates up to the six who have received the most votes. 23.3 A period of three months shall be allowed for the submission of nominations.

24

23.4 The election of the Bishop takes place in an open session of the Diocesan Synod. The voting shall be by secret ballot. Details are governed by way of church law, enacted by the General Assembly. 23.5 The Bishop may be elected to hold office for a certain term or the ordinary retirement age applicable to pastors. He may lay down his office without furnishing reasons. Re-election is possible.

ARTICLE 24 The Bishop is the spiritual leader of the diocese. He shall encourage, comfort, advise and reprimand through the Word of God. The Bishop, with all other pastors, is a preacher of the Word of Salvation, bound with them in ordination by the Confessional Writings of the Church to be obedient to the Word of God. The Bishop ordains pastors and inducts the deans. He conducts visitations on the congregations and parishes. The Bishop is an ex-officio member of all councils in his diocese. He is the formal head and representative of the diocese in all official matters pertaining to his diocese. The Bishop furnishes a report on the life and work in the diocese to each ordinary Diocesan Synod. While the Bishop is for any reason unable to carry out his duties his deputy takes over his functions. Bye-law 24.1 The Bishop represents the diocese in all church and non-church bodies. He is responsible to see to it that all decisions of the Diocesan Synod and of the General Assembly are executed. 24.2 The Bishop deliberates with the Diocesan Council on theological and organizational matters and other questions in the diocese and in the Church. In matters concerning the whole Church he consults with the Church Council. 24.3 The Bishop convenes the convocation of pastors. ARTICLE 25 THE BISHOPS DEPUTY The Bishops deputy is elected by absolute majority vote by the Diocesan Synod from amongst the deans of the diocese for six years. ARTICLE 26 THE EXECUTIVE SECRETARY The Executive Secretary is appointed by the Diocesan Council. He shall be responsible to the Diocesan Council, which shall be represented by the Bishop when it is not in session. He is the head of the administrative office and responsible for the administrative matters of the diocese. The Executive Secretary is an ex-officio member of the Diocesan Council without the right to vote. ARTICLE 28

25

THE DIOCESAN TREASURER The Diocesan Treasurer is appointed by the Diocesan Council. He shall be responsible to the Diocesan Council which shall be represented by the Bishop when it is not in session. He receives and keeps safely all monies entrusted to him by the Church and applies such monies in accordance with the directions of the Diocesan Synod and the Diocesan Council. The treasurer is responsible for the keeping of proper books of account. He submits reports to the Diocesan Synod and the Diocesan Council and he has the right to be heard on all financial matters. The books of account are to be audited by a practicing chartered accountant every financial year. He is an ex-officio member of the Diocesan Council without the right to vote. ARTICLE 28 THE GENERAL ASSEMBLY Delegates to the General Assembly are: The Bishops of the dioceses, the members of the Church Council, four ordained pastors and eight lay members from each diocese as elected by each Diocesan Synod from amongst its members. Non-voting members are the executive secretaries and the treasurers of the dioceses, and one representative from each of the theological training institutions of the Church. The elected members of the General Assembly shall hold office for six years and may be re-elected. The General Assembly shall convene at least once every three years. The Presiding Bishop, in agreement with the Church Council, shall have the right to convene extra- ordinary sessions. The General Assembly elects from amongst its members its president and two deputies. The General Assembly has the duty to ensure that the mission of the Church is carried out within the ambit of the Church, to elect the Presiding Bishop and his deputy and to commission the Church Council, to determine to which ecumenical bodies the Church will relate or be a member, to enact the laws of the Church, to resolve the budget of the Church and to make provision for proper administration, to approve the agenda submitted by the Church Council and to receive motions, to prepare standing orders for visitations by Bishops and Deans, to resolve all matters generally falling within the ambit and power of the General Assembly. Bye-law 28.1 The General Assembly is competent to deal with all questions that are not by Constitution or Church law entrusted to another body of the Church. 28.2 In case of doubt it resolves with a two thirds majority whether it has competence. 28.3 The General Assembly is convened by the Presiding Bishop following on a resolution to this end by the Church Council.

26

28.4 A quorum exists if at least two thirds of the eligible voting members are in attendance. 28.5 The General Assembly commences and ends with a divine service. 28.6 The General Assembly formulates its rules of procedure. Unless a contrary rule applies in a particular matter it adopts its resolutions, by a simple majority. 28.7 The decisions and resolutions of the General Assembly shall be signed by the Presiding Bishop and made known to all Congregations and Parishes. ARTICLE 29 THE CHURCH COUNCIL The Church Council consists of the Presiding Bishop who is the chairman, the Bishops of the dioceses, the president of the General Assembly and one lay member from each diocese as elected by its Diocesan Synod for a period of six years. It shall be convened by the Presiding Bishop at least twice a year and whenever necessary. The general secretary and the general treasurer are non-voting members of the Church Council. The Church Council is responsible to the General Assembly and functions on its behalf when the latter is not in session. It appoints the representatives to ecumenical bodies. It has the right to do or cause to be done whatever it deems necessary to carry out the objects of the Church and the decisions of the General Assembly. It manages and directs the business and affairs of the Church. ARTICLE 30 THE EPISCOPAL COUNCIL There shall be an Episcopal Council presided over by the Presiding Bishop, consisting of the Bishops of the dioceses. The Episcopal Council shall advise and admonish the Church as a whole on pastoral matters. It shall ensure that the unity of the Church is always manifested in its life. The Episcopal Council shall convene at least once annually. ARTICLE 31 THE PRESIDING BISHOP The Presiding Bishop and his deputy shall hold office for a period of six years and may be re-elected. He shall act as the formal head and representative of the Church. He is an ex-officio member of the diocesan synod and has the right to participate in the meetings of the diocesan councils. The Presiding Bishop shall have the right to assign duties to his deputy. If he is unable to carry out his duties his deputy shall act in his place. ARTICLE 32 THE GENERAL SECRETARY The General Secretary is appointed by the Church Council. He is responsible to the Church Council which shall be represented by the Presiding Bishop when it is not in session.

27

He is responsible for the administration of the churchs head office and works in co-operation with the Presiding Bishop. He participates in the General Assembly and the Church Council without the right to vote. ARTICLE 33 THE GENERAL TREASURER The General Treasurer is appointed by the Church Council. He is responsible to the Church Council which shall be represented by the Presiding Bishop when it is not in session. He receives and keeps safely all monies entrusted to him by the Church, and applies such monies in accordance with the directions of the General Assembly. The Treasurer is responsible for the keeping of proper books of account. He submits reports to the General Assembly and the Church Council. He has the right to be heard on all financial matters. The books of account are to be audited by a practicing chartered accountant every financial year. He participates in the General Assembly and the Church Council without the right to vote. ARTICLE 34 BYE-LAWS TO THE CONSTITUTION Details not covered, either in whole or in part, in this Constitution shall be regulated in the Bye-laws. Bye-laws shall be adopted or amended by simple majority of votes of the General Assembly. Bye-law 34.1 The following shall apply to all delegates, members and delegates to bodies of congregations, parishes, circuits, dioceses; and General Assembly. A delegate loses his appointment when the body that effected his election or nomination finds that he has lost the personal qualifications for the office or that he has grossly neglected his duties or has knowingly acted against the resolutions of the church bodies. ARTICLE 35 INTERPRETATION OF THIS CONSTITUTION The interpretation of this Constitution rests with the General Assembly. The English version of this constitution shall be the prevailing text. ARTICLE 36 AMENDMENTS TO THIS CONSTITUTION Only the General Assembly can amend this Constitution. A proposal to amend this Constitution shall be submitted to the General Assembly through a diocesan council and the Church Council. The proposed amendment must be passed by a two-thirds majority of votes at two readings which shall not take place on the same day. Bye-law 36.1 Motions directed at amplification or amendment of this Constitution are to be sent to all members of the General Assembly two months prior to the next ordinary session. ARTICLE 37 RULES OF PROCEDURE

28

All councils, synods and the General Assembly shall adopt their own rules of procedure. Bye-law 37.1 The rules of procedure of the congregations and parishes and circuits should as far as possible correspond with one another. ARTICLE 38 A dissolution of the Church, in the legal sense, may be resolved only at an extraordinary session of the General Assembly convened for this purpose. Such resolution requires the affirmative vote of two-thirds of the voting members of the Assembly. a) If this has been resolved the Assembly shall issue directions as to the liquidation of the assets of the Church and appoint a committee to carry out the liquidation. This committee shall execute the liquidation in accordance with the aforementioned directions, supplemented by the relevant provisions of South African law. b) Remaining assets must, be made available for Lutheran church work in Southern Africa. ARTICLE 39 TRANSITIONAL MEASURES Acceptance of this Constitution shall be effected by the churches referred to in the preamble at their General Assembly/Synods as the case may be. Such acceptance requires a two-thirds majority of the members of the General Assembly/Synods. Bye-law 39.1 Acceptance of this Constitution will have resulted upon the resolution to that effect by the General Assembly/Synods of the churches referred to in the preamble having been adopted and this having been formally confirmed among the churches. A joint minute on this shall be signed by the persons appointed for that purpose by the relevant churches. The acceptance of the Constitution is to be made known to all the congregations and parishes in the Church. ARTICLE 40 This Constitution replaces the, constitutions of the churches referred to in the preamble subject to the following provisions: Those rules and regulations in the constitutions of the three churches referred to in the preamble, which govern aspects that are not dealt with in this Constitution and its bye-laws shall remain in operation mutatis mutandis until new rules and regulations have been enacted. Amendment of those rules and regulations requires the consent of those affected thereby, provided that such consent shall not be required for the total substitution of those rules and regulations. The existing church structures shall remain in place and functional until and unless replaced. Bye-law 40.1 In interpreting these stipulations particular care is to be taken that such is done in a manner commensurate with the intent and object of the Constitution. Similarly the interpretation shall foster the growing together of congregations and parishes, circuits and dioceses in the Church. 40.2 Rules and regulations that remain in force are to be applied in such a way that their application serves the well-being of the congregations, parishes and their members and that the overall task of the Church is promoted. 40.3 If justifiable doubt exists in regard to the question whether a regulation of one of the churches referred to in the preamble remains in force then a commission established by the Church Council shall decide the issue prior to the further application of the regulation. This commission consist of: - two persons appointed by the former Evangelical Lutheran Church in Southern Africa,

29

- one person appointed by the former Evangelical Lutheran Church in Southern Africa (Natal-Transvaal) and another person appointed by the Evangelical Lutheran Church in Southern Africa (Cape Church). The commission should preferably decide unanimously. If a unanimous decision is not realized then a decision is to be taken on simple majority vote. 40.4 If a matter of a legal nature and of which the continuing validity in one of the churches referred to in the preamble had arisen and that was decided in terms of clause 3 above then that matter is to be newly resolved, as a priority, by church law, enacted by the General Assembly. 40.5 A re-arrangement of dioceses (including the formation of additional dioceses with the congregations of the former Evangelical Lutheran Church in Southern Africa (Natal-Transvaal) and the former Evangelical Lutheran Church in Southern Africa (Cape Church) an also the formation of the bodies of these new dioceses is to be effected within a period to be determined. The same applies to the re-arrangement of church circuits. Constitution 16-09-1991 Working Copy No. 2: 16 October 1991 CONGREGATIONAL CONSTITUTION OF THE EVANGELICAL LUTHERAN CHURCH IN SOUTHERN AFRICA Definition of a Congregation 1.1. The Congregation is founded on the gospel of Jesus Christ as revealed in the Holy Scripture of the Old and the New Testament as the only norm and guide for faith, doctrine and human existence. It confesses its faith in the Triune God through the early Christian Creeds, namely the Apostles Creed, the Nicene and the Athanasian Creed and the Confessional Writings of the Lutheran Reformation, especially the Catechisms of Dr Martin Luther and the unaltered Augsburg Confession. 1.2 The congregation forms an integral part of the Evangelical Lutheran Church in Southern Africa as laid down in Article 3 of the Churchs Constitution. 1.3. It is a community of members of the Church who regularly congregate around Word and Sacrament, and amongst whom the ministry of the Church is performed. 1.4 Although a congregation has juristic personality, it shall settle its disputes with the Church through internal means. 1.5 The boundaries of the congregations are to be determined by the Diocesan Council. 2. The Establishment of a Congregation 2.1 The formation and dissolution of congregation shall be effected only with the approval of the Diocesan Council. 2.2. A congregation shall not be formed unless it will have one or more pastors at the time of formation. However, nothing shall prevent the sharing of a pastor by two or more neighbouring congregations and the formation of a congregation under such an arrangement. 3. The Objective of a Congregation 3.1 The objectives of a congregation shall be to promote the spiritual life among its members. 3.2 The congregation is charged with furthering and shaping the congregational life through the co-operation of all its members, guided by the pastor and the Congregational Council. In particular it shall abide by the proper order in the proclamation of the gospel and in the administration of the sacraments, promote Christian instruction; practice Christian love, advocate church discipline and contribute to the accomplishment of the missionary task in this world. CHAPTER 2 CONGREGATIONAL BODIES, ASSEMBLIES AND WORKERS. 4. The Congregational Council

30

4.1 Every congregation shall have a Congregational Council. 4.2 Membership of the Congregational Council shall consist of the pastor/s of the Congregation as (a) permanent member/s and (b) elected elders. The number of whom shall be determined by the Congregational Meeting in accordance with the circumstances of each congregation. 4.3 Elders shall be elected by the Congregational Meeting for a period of not more than six years and they may be reelected for one additional term. The procedure and details relating to the election shall be governed by way of church law. 4.5 All communicants of the congregation are eligible for the office of elders: Provided that no person under the age of 21 years shall be a member of the Congregational Council. 4.6 The spouses, parents, children and siblings of Council members shall not, unless the Congregational Meeting otherwise decides, serve simultaneously on the Congregational Council. 4.7 The members of the Congregational Council shall elect, from among themselves, the chairperson, treasurer and the secretary who shall serve in those capacities for a term of two years and they may be re-elected. 4.8 The pastor in charge, the chairperson, the treasurer and the secretary of the Congregational Council shall form a Standing Committee on Finance whose function shall be to administer the day-to-day financial affairs of the congregation. 4.9 The Council may appoint other committees. 5. The Functions of the Congregational Council 5.1 The Council shall deliberate on and determine the times and place of worship. 5.2 In multi-lingual congregations or parishes it is to be ensured that pastoral services are rendered in the languages predominant amongst the members of the congregation. 5.3 It shall see to the upholding of correct doctrine, the maintenance of Church Order and Christian custom, the effective promotion of Church life and the observance of the sanctity of Sundays and other church festive days. 5.4 It shall ensure that Church order is maintained and the decisions of the higher councils are implemented in the congregation. 5.5 The Congregational Council shall decide on the use to which congregational and church buildings, under its control, may be put, particularly with regard to making available divine service premises for special functions. 5.6 It co-operates with the diocese in the calling o f its pastors and shall be consulted whenever the diocese appoints and sends a pastor the congregation in terms of the proviso to article 7.2 of this Constitution. 5.7 It is the duty of the Congregational Council to collect and administer funds on behalf of the congregation and the Church. It shall have the power to vote capital expenditure involving loans after consultation with the Diocesan Council. 5.8 It shall be the duty of the Congregation Council timorously to settle discord among the members of the congregation in a brotherly manner. 6. The Congregational Meeting 6.1 Each congregation shall hold at least one ordinary Congregational Meeting per year. An extraordinary Congregational Meeting may be convened by the Congregational Council and shall be convened if at least ten percent, or such other percentage of the members of the congregation as may have been determined by the Congregational Meeting, demand it. 6.2 Only the voting members of the congregation shall be entitled to participate in the proceedings, of the congregational Meeting.

31

6.3 At every Congregational Meeting, the receipt of and deliberation on the reports of the pastor and the Congregational Council in respect of. (a) the work of the pastor, (b) the work of elders, (c) the finances of the congregation and (d) the property of the congregation Shall be fixed and priority items on the agenda. 7. The Pastor 7.1 The pastor is a member of the Evangelical Lutheran Church in Southern Africa who has been ordained and commissioned to proclaim the Word of God. 7.2 The Congregation shall have the right to call pastors: Provided that the Diocesan Council shall have the right to appoint and send a pastor to a congregation whenever the latter is unable to call one or when a congregation has continued without a pastor for six consecutive months. [left pending]. 7.3 It is the obligation of the congregation to arrange for the suitable accommodation and maintenance of the pastor in accordance with Church regulations. If congregations share a pastor, these obligations shall be shared amongst them. 7.4 Other matters relating to pastors shall be dealt with in the Church law governing the position of pastors. 8. The Duties and Responsibilities of the Pastor The pastors primary duty shall be to preach and teach the Word of God, to provide spiritual care to members of the congregation, to administer the holy sacraments and generally to minister. 9. The Other Church Workers. 9.1 The congregation may appoint full-time and part-time church workers. 9.2 The appointment of church workers shall be the responsibility of the Congregational Council which shall also determine their remuneration and conditions of service. CHAPTER 3 10. The Property of the Congregation 10.1 The congregation shall have the power to acquire and own property and to deal with it as owner: Provided that no congregation shall let, mortgage or in any way encumber or dispose or its immovable property without the written permission of the Diocesan Council. The Diocesan Council shall not give such permission unless it is satisfied that the action will not prejudice the interests of the Church. 10.2 Any property presently owned or that may be acquired in future by the congregation shall remain or become as the case may be, the property of such congregation. 10.3 Whenever a congregation ceases to exist, its property shall become the property of the diocese of which the said congregation was member at the time of the dissolution. 10.4 In the event of two or more congregations merging into a single congregation, their respective properties shall become the property of the congregation formed by the merger. Where a congregation is divided into two or more congregations the question of the ownership of property shall be settled by way of an agreement. If no agreement can be reached, the Diocesan Council shall decide the matter. The decision of the Diocesan Council shall be appealable to the General Assembly whose decision shall be final. 10.5 Where a congregation splits into two or more sections and one section remains within the Church, the section that remains within the Church shall retain the ownership of all the property that the congregation owned prior to the split. In cases where both or all sections remain within the Church and fail to agree on the division of property, the Diocesan Council to which the congregation belongs shall decide which sections or section retain/s the property. The decision of the Diocesan Council shall be appealable to the General Assembly whose decision shall be final.

32

10.6 If the split has the effect that the whole congregation ceases to exist, the provisions of Article 10.3 shall apply. 11. Finances of the Congregation 11.1 The power to collect and administer the funds of the congregation shall vest in the Congregational Council. 11.2 The congregation shall be liable to contribute out of its funds an amount, to be fixed by the Diocesan Synod, towards the costs of the diocese, which include the pastors remuneration and contributions to the Church. The obligations of the congregation shall not be suspended or terminated if the congregation is temporarily without a pastor 11.3 All income and expenditure of the congregation shall be assessed for one year at a time and included in a budget. The budget shall be drawn up by the treasurer and approved by the Congregational Council. It is submitted to the Congregational Meeting for decision. 11.4 The books of account of the congregation shall be audited annually by a practicing chartered accountant. 11.5 Other financial aspects of the congregation shall be regulated by Church law governing finances. CHAPTER 4 MEMBERSHIP, BAPTISM AND RELATED MATTERS 12. Membership in the Congregation 12.1 Adults and children who have been received into the Church through baptism become members of the congregation. 12.2 All persons baptized in the name of the Triune God and in the recognized manner and who have been admitted by a congregation from other denominations after having been instructed in the Lutheran doctrine and who have expressed their adherence thereto are also members of the congregation. 12.3 Subject to the provisions of Bye-law 5.1 of Article 5 of the Church Constitution, any person who wishes to become a member of a congregation or parish shall address a written application for membership to the congregation concerned. 12.4 The congregational council shall resolve on the application after the pre-requisites, it has set for membership, have been met. Acceptance in the congregation is effected in the manner customary in each locality. 12.5 Transferees from other Lutheran congregations become members once they lodge their letters of transfer from their respective congregations with the congregational council. 13. Duties of the Members of the Congregation 13.1 Members of a congregation are to lead a Christian life and to promote the true edification of the Church and to lead non-believers to the Word of God. 13.2 A member shall observe the rules and regulations of the Church and the congregation and shall counsel all who profess themselves to be members to do the same. 13.3 It is the responsibility of the members regularly to make all contributi9ons and special offerings to the Church and to support the Church financially. 14. Rights of the Members of the Congregation 14.1 Every member is entitled to the spiritual care and instruction which is the duty of the congregation and the pastor to give. 14.2 Confirmed members have the right to partake if holy communion and may act as sponsors for children who are bought for baptism. 14.3 Members who are communicants have a right to participate in church and congregational affairs. 14.4 A communicant member, who has reached the age of eighteen year, shall have the right to vote. 15. Termination of Membership

33

15.1 A persons membership in a Church may be terminated. 15.2 A member undergoing church disciplinary action is suspended from rights and privileges. 15.3 A member who has for two years without justification not attended Church services or has not partaken of Holy Communion or has failed to bring regularly all contributions and offerings is denied the right to take an active part in Church affairs and to hold any office of trust. 15.4 Resignation from the congregation is to be submitted to the Congregational Council in writing. On receipt of the resignation the pastor renders proper pastoral care to the member. The termination of membership becomes effective at the end of the period of thirty working days which are calculated from the day after the date on which the notice of resignation was received. CHAPTER 5 16. Amendment and Repeal 16.1 The power to amend this Congregational Constitution is vested in the General Assembly in terms of provisions of Article 28 (6) of the Church Constitution. 16.2 A proposal to amend this Constitution shall, as a rule, originate at the Congregational Council. Such proposal shall be submitted to the General Assembly through the Circuit Conference, the Diocesan Council and the Church Council, who shall have the power to consider and deliberate on the proposal and to recommend or not to recommend [NOT FINALISED]. 16.3 A proposal to amend this Constitution shall be passed by a simple majority of the votes of the members of the General Assembly present and forming a quorum: Provided that if the proposal is for the amendment of articles 5(1) 5(2) 7(2), 10, 12 AND 15, the amendment shall be passed by a two thirds majority of not less than three quarters of the members of the General Assembly present. 13.4 The repeal of the Constitution shall be subject to the proviso to sub article (3) of this article 17. Application. The terms, conditions and provisions of this Constitution shall apply mutatis mutandis to parishes. Notes a) There was no agreement regarding the question whether this should be a constitution or a law governing congregations (known as the congregational constitution). b) The article dealing with the calling of pastors (Art.7.2) was left as it is, for further consideration. No decision was taken on it. c) The wording of the former Article 15.2 (now Art. 16.2) was changed somewhat but no finality was reached regarding this article. d) Article 8 of the Church Constitution has been incorporated into this constitution and is now present Art.15. e) The rest of the changes will appear in the minutes of the secretary to the Unity Committee Last Changes Done: Wednesday, 16 October 1991.

34