Grense tussen kerk en staat vir die reëling van die predikantsdiens: gesien vanuit twee kerkregtradisies

Abstract

This article focuses on the boundaries for church and state with regard to the regulation of the ministry of the Word – seen from two independent church polity traditions. Until now the South African courts have not given an indication of how these boun- daries should be understood or how these apply within the South African context. The purpose of this article is not to make a judicial comparison. The purpose is to show that two indepen- dent church polity traditions, namely the German and the reformed, developed general principles for the boundaries of church and state with regard to the regulation of a minister’s position in law. In both traditions church polity is regarded sui generis, and recognises the church’s right to regulate a minister of religion’s position independently from the state. In conclusion it is found that the boundaries between church and state for the ministry of the Word are primarily determined by the principle that church and state should not in any way influence or interfere with one another's separate mandates or duties. The ministry of the Word is the responsibility of the church and not the state. Therefore the state does not have the competency to regulate the ministry of the Word.