South Africa: Constitutional Assembly Resources

DATE: 26 DECEMBER 1994

Sir/Madam

THE ANCC SUBMISSIONS TO THE NEW CONSTITUTION

As the African National Council of Churches(ANCC) and elected body

representing the African Under privileged churches and Associations

and disadvantaged communities in the Republic of South Africa. It becomes our role to play in this process.

NB: African National Council of Churches’ submissions is as follows:

1. .__DEMOCRACY:

1.1. All churches/Associations/Federation/Council of churches should be fully Adopted in the constitution, and also be given freedom of Worship and Association, meaning that, there should be no body who will be claiming above or representing churches/Associations which does not Affiliate to them, such body should only claim for churches and associations which are its Affiliates, not the whole churches and associations in South Africa which are not its Affiliates.

1'.2. Association/Federation/Council of Churches should be given more power to the recognitions of churches and associations which Affiliates to it(s),and also the membership Diploma and Ministers Identification Card should be issued to the church association member which are that particular body, and at the same time the State should allow Associations/Federation/Council of Churches to do its Registrations to the churches/associations and other bodies which Affiliated to it by issuing such Recognitions which says this organisation is a member of it, and is being issued by this document for Affiliation to it(S).

1.1.2 CHARACTER OF STATE:

The State should not interfere with the matters of the church/associations/federation and council of churches. There should be no law,, which restrict the liberation of this bodies to perform its powers and its own recognitions to the members which are its Affiliates. 'State should only interfere when Common law prevail. And the State is-.

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hereby requested to help this Christian bodies with financial and feeding scheme for the supportive of the needy Christians and the Under privileged communities.

2. SEPARATION OF POWERS:

2.1.Churches,Associations,Council of Churches and Federation, should not been, seen as the instrument of State, It should work Independently. State should not interfere in churches administration, and no Christian body should claim working with the State,or the State to appoint any Religious body or tusk desk to represent churches and which can be in favour of State to prejelise other Religious organisations or to be above other Associations,etc.

3. THE NATURE OF THE PROVINCIAL SYSTEM AND LOCAL GOVERNMENT:

3.1.Tbe Provincial System and Local Government should provide churches associations with church sites and pre-school, creches and Youth sports recreation sites free of charge.

4. CONSTITUTIONAL PRINCIPLE:

4.1.Constitution and its principles of the churches associations should

be considered by the State for church associations to work independently not any association/federation or council of churches claiming to be above others. State should also grand permission for churches associations, council of churches, federation of churches to raise funds from the public, local and international, this can only be done by the recognised associations, council of churches, ect, by the State.

4.2.AN-ENTRENCHED BILL OF RIGHTS:

4.2.1.An entrenched bill of rights should be given to churches associations, to govern themselves,and all recognitions of churches should be made by the assocition concern for only those churches which are its affiliates, no association or any religious body should be forced to join any association by force to be its member, if it does not want to be a member of it. Any church, association, federation,council of churches should join the organisation of their own choice if they want to do so.No body should interfere with the affairs of other religious organisations,assept the State to intervene only when common law prevails.

5. THE RELATIONSHIP BETWEEN DIFFERENT LEVELS OF THE COURT:

5.1. The church ministers should also approve to the court of law in the Department of commissioner of Divorce, churches are aware that the couple want counciling when coming to the court of law for divorces church ministers should be seen taking part to solving the conflict‑among the couple who want to divorce, because out of 100% Marriage(s)-

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AFRICAN NATIONAL COUNCIL OF CHURCHES

- only 25% are still receiving counselling, and 75% are divoreing,which is not right,church ministers should be seen taking part in this regards, the State should look this into serious consideration, and also the church ministers should be provided by the centres which this marriage counselling will take place, and also be supported by the State financially.

5.2.A SINGLE OR SPLIT JUDICIARY:

The Government or the Republic Governing body should be single and also supervising its provitions/regions or those who fall under him.

6. PUBLIC SERVICE:

6.1. Church is the place appointed by God and is there as the public serving body, which is there to serve the needs of the public, it should be respected by political parties during the violence time. State should protect churches and the communities in bad times, and also the public service(s)should be well maintain by the local Government.

6.3. THE COMMISSION ON GENDER EQUALITY

6.3.1.The Public funds should be monitored by the Commission on Gender Equality, and all the State Resources should be through investigated, and the public should know about the out come of the commission fundings.

6..,4. SUPREMACY OF THE CONSTITUTION:

6.4.1.The State should be the body which govern the land through the constitution, and the supremacy of the constitution should state the way the country is going "-,to be governed, and it should protect the lives of all, and the people of the land should be educated by that constitution, it is the right of the citizen of the Republic of South Africa to know the laws of their land, it will be unfair for the people to be blamed for the laws which they did not know or been informed about it.

6.4.2.ACCOUNTABILITY AND CONTROL OF THE SECURITY FORCES: There should be one

body which is governing the security forces should be treated equally, in all ranks, they should also work close with the communities that they serve, they should not be seen taking sides, community police should take place which involve churches and the community. The police should know that they are friends of the community, they are there to safeguard the land, protect the communities, maintain law and order, investigate crime(s) and make an arrest to those who committed crime;

NB:(bribery should be stop ed,and the tortured/harassment of the people should also be stoppeds.justice should take place.

2.

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7.1.The churches associations should also be given power/permission of raising funds for their own projects,including Bible Institutions/ Colleges,or if not so,the State should finance churches associations bible colleges/Institutions for their 'Resources.

NB: Churches Associations should not be Taxed,because are non-profit making organisations,

We once again,want to thank you for the dedicated.work which you are doing for all the South African Citizens.

on behalf of;African National Council of Churches in-co-operating:

1. South African National Federation of Bishops'Congress

2. Congress of National Ministers Association

3. National Council of Youth Christian Association

4. National Federation of Womens Organisations

5. National Bible College
6. National Theological Training Institute.