Appèl met die oog op regsherstel : 'n Gereformerd kerkregtelike studie

Abstract

Conflict and injustice are endemic to the imperfectness of human existence, and the Church of Christ is not immune to them. Various means can be adopted to solve conflict in the church. This study is concerned with legal restitution through calling at a major assembly, as provided in Article 31 Church Order. Statement of the problem Biblical grounds for the right of appeal are largely lacking in the Reformed church polity. In addition, there is no clear definition of the concept 'injustice' in Article 31 Church Order. In the case of appeals brought to a synod of the RCSA, the verdict usually contains no guidelines on how the matter should be dealt with in practice in order to effect reconciliation. Consequently, the outcome of an appeal does not necessarily contribute to the solution and restoration of broken relationships. Aim and method of work This study endeavours to determine the biblical grounds of appeal and legal restitution in Reformed church polity through scriptural study; establish the essence and content of appeal in Reformed church polity; and examine the functioning, treatment and application of appeal with a view to legal restitution in the RCSA, and address shortcomings in this respect. Findings Legal restitution occurs when an appeal is judged according to clearly defined norms; the verdict rests on the same norms; and the necessary steps had been taken to reconcile the parties involved in the appeal Organisation The study is divided into four main sections: biblical foundation of appeal with a view to legal restitution; historical development of appeal with a view to legal restitution; fundamental definition of appeal with a view to legal restitution; and practical treatment of appeal with a view to legal restitution. Finally, the research questions born from the problem statement are answered by means of concluding statements.