Die beroepsbrief in die Gereformeerde Kerke in Suid-Afrika – ’n kontraktuele werksaanbod?

Abstract

In the Schreuder case the court found that the letter of calling should be considered a legally valid letter of service. Therefore the relationship between a congregation and a minister in the Dutch Reformed Church is regulated by a contract of employ- ment. Consequently Labour Law applies to the position of this church’s ministers. In the court’s verdict on the Church of the Province case, the court found that a priest/minister of the Anglican Church does not enter into a legal binding contract of employment with the church. According to the court the rela- tionship between the Anglican Church and a priest/minister cannot be described as a contractual relationship, but rather a spiritual or religious agreement that is regulated by the canons of the church. Therefore the question should be asked: Is the letter of calling to a minister in the RCSA a contractual labour proposal by a local church? In this article it is argued that a letter of calling in the RCSA should not be considered a letter of service. In the light of Scripture, the confession and the church order the aim of the letter of calling is merely to inform a minister of a religious calling by the Lord. It is therefore suggested that the draft form of the letter of calling currently in use, should be adapted to avoid misunderstandings regarding the position and service of a minister in the RCSA.