Preamble to the Diocesan Rules
Our vision, as the Anglican Diocese of Johannesburg, is:
To achieve a shared vision and practice of the ministry of all believers. This means that every parishioner takes responsibility to contribute in an effective way to the life of the faith community and to be an effective Christian presence and witness in the broader community.
This requires the spiritual growth of all believers, which leads to a deepening relationship with God, others, oneself and creation. Central to this formation is the development of Gospel values in our lives. Spiritual formation involves, among other things, personal prayer, Bible study, regular communion and worship, work for justice and reconciliation, concern for people and the environment, speaking about Jesus openly as the Lord whom we know, giving financially to support the work of the church, giving personal service to the church and the community, and living holy and healthy sexual lives. All this involves a lifelong process of growth and learning.
This formation will require visionary servant leaders in all aspects of the church’s life, whose example empowers others to live and grow as disciples and servants of Jesus Christ.
The spiritual growth and ministry of all believers is dependent on vibrant Christian community:
Ø in which all are welcome to belong and participate
Ø in which the active participation of young people and children is valued and encouraged
Ø in which worship is dynamic and includes the whole worshipping community
Ø in which healing and reconciliation are a visible reality
Ø in which the humanity of each member grows in relation with others
Ø in which dynamic small groups build up the individual into community
Ø in which the love of Christ is experienced, made visible, and given to the world.
Our vision of the ministry of all believers spiritually formed in Christian community requires that we:
1. Respond to the HIV pandemic. Therefore, we commit ourselves to
Ø substantially reducing the HIV infection rate in our communities by living holy and healthy sexual lives and transforming the socio-economic conditions in which the pandemic thrives.
Ø providing care and support for those infected with and affected by HIV/Aids.
2. Our vision requires a growing, inter-dependent relationship with the other dioceses in the CPSA, in Africa and in the wider Anglican Communion. It requires also that we co-operate and work closely with other Christian churches to achieve social peace and justice, to build community and share common experiences and worship of God.
3. Our vision requires that we engage prophetically and pro-actively in social justice issues in community, community projects and government, supporting or challenging policy and practice in the light of Christian values.
4. Our vision requires that we develop and implement evangelistic programmes that:
Ø will equip all our members to live and express their faith within the world.
Ø will lead to new church plantings, especially in new developing communities.
Our prayer is that this vision has been faithfully received from God. As we have received it faithfully, may we live it faithfully, that it may be a blessing to us, and through us to our world.
THE RULES OF THE DIOCESE OF JOHANNESBURG
Amended for changes approved by the Sixtieth Session of DIOCESAN SYNOD - 2007
INTERPRETATION
All references in these Rules to the "Canons" shall be to the Canons passed by Provincial Synod from time to time in terms of the Constitution of the Church; all references to the "Church" shall be to the Church of the Province of Southern Africa; all references to "See" shall be to the Diocese; and all references to "parish" shall include pastoral and parochial charges, parish chapelries and cures. Save as aforesaid, in the construction and for the purpose of these Rules, words and expressions shall have the same meanings assigned to them as they have in the Constitution and Canons of the Church unless there be something in the subject or context inconsistent therewith.
SECTION A DIOCESAN VISION AND VALUES
RULE A – 1 DIOCESAN VISION.
A – 1.1 Diocesan Vision: The Diocesan Vision, as approved or amended by Diocesan Synod and contained in the Preamble to these Rules, shall be the guiding principle for the life and activities of the Diocese and its constituent parts. Such goals and objectives as shall be set, shall be in pursuit of that vision, and all evaluations of performance and progress shall be made against the standards and priorities of that vision.
RULE A – 2 GOOD GOVERNANCE.
A – 2.1 Transparency, Honesty, Trustworthiness, and Accountability: Each person involved in leading, managing or administering the affairs of the Diocese or any constituent part thereof shall be honest, transparent, trustworthy and accountable in all their dealings. They shall seek to serve the needs of the wider church rather than further their own interests, and to this end shall avoid all conflicts of interest and shall advise all those involved immediately any such conflict is perceived, either in relation to themselves or others. They shall report fully and regularly to their constituency.
A – 2.2 Representivity: As far as is practicable each diocesan and parish body shall in its composition be as fully representative as possible of the Diocese or that sector of the Diocese that it serves.
A – 2.3 Incapacity: Any member of a diocesan organisation or parish body who:
1) is unable to discharge his or her duties owing to mental or physical incapacity;
2) is for any reason disentitled to act as a director of a company in terms of the Companies Act;
3) is absent without leave or prior apology from his or her duties, or from ordinary meetings of the body concerned, for three successive meetings; or
4) resigns and his or her resignation is accepted by the body concerned;
shall automatically cease to hold office. All vacancies thus arising shall be filled as set out elsewhere in these Rules, provided that any person so incapacitated shall only be capable of again being appointed or elected to any office with the permission of the Bishop.
SECTION B DIOCESAN OFFICIALS
RULE B - 1 BISHOP
The election and functions of, and the holding of office by, the Bishop of the Diocese shall be governed by the provisions of the Canons.
RULE B – 2 DEAN AND VICAR GENERAL
B – 2.1 Appointment and Functions of a Vicar General: The Bishop may appoint a vicar general, who shall hold office at the discretion of the Bishop, subject to the provisions of the Rules relating to retirement.
The Vicar General shall exercise such functions and have such authority as is conferred on that office by the Canons and the Bishop and be entitled to an extra remuneration to be agreed upon by the Bishop and the Diocesan Finance Board.
B – 2.2 Appointment and Functions of a Dean: The Bishop may appoint a dean of Johannesburg who shall hold office for seven years and be eligible for re-appointment, subject to the provisions of the Rules relating to retirement.
The Dean shall exercise the functions and have the jurisdiction of Archdeacon within the cathedral church and parish, and within such other area of jurisdiction as may be specially assigned, and shall perform all other functions entrusted to a dean by the Bishop, the Canons and these Rules. Pending the appointment of a Vicar General or in the event of a vacancy in the See, the Dean shall have authority to administer its spiritualities, and to maintain discipline according to the Canons and these Rules.
The Dean shall be entitled to an extra remuneration to be agreed upon by the Bishop and the Diocesan Finance Board, in addition to any other amount due under these Rules.
RULE B – 3 ARCHDEACONS
B – 3.1 Election and Appointment of Archdeacons: Archdeacons shall be appointed by the Bishop in terms of Canon 15.2. “Consultation” as referred to in Canon 15.2 shall in this Diocese be deemed to be an election of an Archdeacon by a meeting called for this purpose of the licensed clergy of the Archdeaconry plus one lay member of the Parish Council from each parish in the Archdeaconry. The name of the person so elected shall be forwarded to the Bishop for approval and appointment. All clergy are obliged to assume an archdeaconry role, if so appointed by the Bishop. The process of election, filling of vacancies, length of office, removal of an Archdeacon and any other matter or problem relating to such matters shall be determined from time to time by the Bishop in consultation with the Diocesan Management Leadership Team.
B – 3.2 Remuneration of Archdeacons: Should circumstances require it, in the opinion of the Bishop, then the parish or the archdeacon may be paid such an amount, in respect of this office, as the Bishop and the Diocesan Finance Board may agree.
B – 3.3 Duties of an Archdeacon: The duties of an archdeacon shall be those set out in Canon 15.1. An archdeacon shall:
1) support, encourage and assist the clergy to be effective in their ministry and in the implementation of the Diocesan Vision;
2) act as a mentor and wise counsellor to the clergy of the Archdeaconry, and facilitate their ongoing spiritual faithfulness and growth;
3) promote fellowship within the Archdeaconry through regular meetings of clergy and lay leaders;
4) ensure that churchwardens, parish councillors and other lay leaders are admitted to their offices and are properly trained to exercise the ministry to which they are called;
5) weld the Archdeaconry into a Local Ministry Team in which individual gifts are recognised and developed, and ministries are developed so as to benefit the whole Archdeaconry;
6) serve on the Diocesan Ministry Leadership Team.
All other duties as detailed in Canons 15.4 and 15.7 shall be delegated to the Diocesan Portfolio Teams.
RULE B – 4 CATHEDRAL CANONS
B – 4.1 Appointment of Canons: There shall be six Canons of the Cathedral, appointed by the Dean , in consultation with the Cathedral Parish Council and the Bishop or, if no Dean, by the Bishop in consultation with the Cathedral Parish Council.
B – 4.2 Duties of Canons: These cathedral canons need not be parishioners of the Cathedral, but shall :
1) be learned and discreet members of the Diocese;
2) not be persons who hold the office of Archdeacon or Dean;
3) meet at least twice a year with the Dean and the Cathedral Churchwardens to discuss the well-being of the Cathedral with special regard to the Cathedral's diocesan role;
4) be invited to preach, if so licensed by the Bishop, at the Cathedral from time to time;
5) rank in order of seniority immediately after the Archdeacons and in order of their appointment. Each Canon shall have a stall in the Cathedral while actively discharging the duties of a Canon of the Cathedral;
6) hold office for a period of five years after the date of appointment, subject to the Bishop's power to review and terminate these appointments on three calendar months notice during the first twelve months following the appointment in question, and subject further to the Bishop at any time being able to terminate an appointment on similar notice with the consent of the Ministry Leadership Team.
B – 4.3 Additional Canons: The Bishop may appoint a cleric who has given long or special service to the Diocese as an additional canon. Persons so appointed shall not be called upon to preach, nor shall their period of office be limited to five years, and they shall not be counted among the canons referred to in rule B - 4.1, nor shall they have the seniority provided for in rule B - 4.2.
RULE B – 5 DIOCESAN OFFICERS
B – 5.1 Appointment of Diocesan Officers: The Bishop may, from time to time, appoint the following officers for the Diocese to hold office at his or her discretion:
1) Chancellor,
2) Vice Chancellor,
3) Registrar,
4) Deputy Registrar,
5) Bursar,
6) Deputy Bursar,
7) Diocesan Secretary,
8) Deputy Diocesan Secretary.
B – 5.2 Qualifications of Diocesan Officers: Every such officer shall be a confirmed communicant, with the respective talents and duties set out in Schedule H. Each shall, upon appointment, make the prescribed declaration, and shall receive from the Bishop a licence of appointment to the office under the Bishop's hand and seal.
B – 5.3 Additional Diocesan Advisers: The Bishop, with the consent of the Diocesan Management Leadership Teammay appoint additional advisers for the furtherance of the work of the Diocese, to hold office at his or her discretion. Such advisers shall be faithful persons and shall be responsible to the Bishop for the work to which they are licensed.
RULE B – 6 DIOCESAN AUDITORS
B – 6.1 Appointment of Auditors: The Synod shall appoint qualified auditors who shall be nominated by the Bursar, have the duties set out in Schedule H and hold office for one year or until the next succeeding session of the Synod, whichever is the longer period, when they shall retire, but shall be eligible for re-election.
B – 6.2 Appointment of Interim Auditors: The Diocesan Finance Board shall fill any casual vacancy in the office of auditor by appointing, under nomination of the Bursar, qualified auditors who shall hold office until the next succeeding session of the Synod.
SECTION C DIOCESAN BODIES
RULE C – 1 DIOCESAN SYNOD
C – 1.1 Frequency of Meetings of Synod: Synod may be summonsed as often as the Bishop deems fit, and shall do so not less than once in every three years. A session of the Synod shall mean a meeting or series of meetings of the Synod held in pursuance of any one summons issued by the Bishop.
C – 1.2 Summons to Synod: Not less than four months before the first day on which Synod will meet, the Bishop shall summons under his or her seal:
1) all clergy who hold the Bishop’s licence;
2) all diocesan officers appointed in terms of Rule B – 5.1;
3) all scheduled parishes and diocesan organisations entitled to elect lay representatives to the Synod. These parishes and diocesan organisations shall proceed forthwith with such elections, the said elections being sufficient summons to the Synod of the representatives so elected.
C – 1.3 Lay Representation at Synod: Every scheduled parish shall be entitled to elect to Synod three lay representatives, who must be confirmed communicants. In relation to the composition of the representatives, each parish shall in making the elections have in mind the requirements of Rule A-2.2.
C – 1.4 Election of Lay Representatives: The following provisions shall govern the election of lay representatives:
C – 1.4.1 Election of Parish Representatives: Every incumbent or churchwarden to whom the mandate is issued shall immediately on receipt thereof make arrangements to hold a meeting of the Parish Council (or, if there be no Parish Council, the Vestry) of the Parish, at which meeting three lay persons shall be elected to represent the Parish at the Synod.
C – 1.4.2 Quorum at the Election: The presence of a quorum shall be necessary either at the Parish Council in terms of clause 15 of Schedule F, or the Vestry in terms of rule H – 1.7.2 for the election of lay representatives to the Synod, and if a smaller number be present they shall adjourn the meeting to another day, when, if there be still no quorum, the Parish shall lose its rights for that session of the Synod.
C – 1.4.3 Election of Alternates: Those present at such election of representatives to the Synod shall elect an alternate representative for each elected representative, who shall attend should the elected representative be unable to attend.
C -1.4.4 Certification of Election: It shall be the duty of all persons to whom the Bishop's mandate is issued in terms of this rule to certify to the Diocesan Secretary in writing the names, addresses and qualifications of the laity who are elected to be representatives and alternates at the Synod in terms of this rule not later than two months before the first meeting of the Synod. If any question or dispute should arise concerning an election, the same shall be settled by the Synod at the beginning of its session.
C – 1.5 Election of Representatives for Diocesan Organisations: The following provisions shall govern the election of representatives for diocesan organisations:
C – 1.5.1 Election of Diocesan Representatives: Each diocesan organisation which the Bishop may from time to time declare to be entitled to representation at Synod, shall elect one lay representative. The Chair of every board, executive committee, governing body or council of such a diocesan organisation to whom the mandate is issued shall immediately on receipt thereof make arrangements to hold a meeting of the board, executive committee, governing body or council, at which meeting a lay person shall be elected to represent the diocesan organisation at the Synod. Those present at such election to the Synod shall elect an alternate representative who shall attend Synod should the elected representative be unable to attend.
C – 1.5.2 Quorum at the Election: A quorum, in terms of the Rules of the organisation concerned, shall be present at that meeting. Where no quorum is present the meeting shall be adjourned to another day, when, if there still be no quorum, the organisation shall lose its rights for that session of Synod.
C – 1.5.3 Certification of Election: It shall be the duty of each organisation to whom the Bishop's mandate is issued in terms of this rule, to certify to the Diocesan Secretary in writing the names, addresses and qualifications of the laity who are elected to be representatives at the Synod in terms of Rule C - 1.5.1, not later than three months before the first meeting of the Synod. If any question or dispute should arise concerning an election, the same shall be settled by the Synod at the beginning of its session.
C – 1.6 Motions to Synod: Written notice of every motion (not being one to which 1) to 7) below apply) to be moved before the Synod, signed by the proposer and seconder thereof - and accompanied by a written statement as to whether or not the motion has been discussed at a meeting of any parish or other council or body referred to in these Rules, and, if so discussed, whether it has been approved or rejected by such meeting - shall be delivered to the Diocesan Secretary not less than three weeks before the first meeting of the Synod. No motion of which notice has not been given as aforesaid shall be moved in the Synod, unless it is a motion -
1) arising out of the Bishop's charge to the Synod;
2) by way of amendment to a motion before the Synod;
3) for the adjournment of the Synod or of a debate;
4) in Committee of the whole Synod;
5) for the postponement of any motion;
6) in regard to which the Synod agrees by a resolution taken without debate to accept a shorter period of notice, or in regard to which notice is altogether dispensed with by the unanimous concurrence of the Synod; or
7) of greeting, appreciation or condolence.
C – 1.7 Synod Advisory Committee: At the time of summoning the Synod, the Bishop shall appoint an Advisory Committee consisting of not less than five members. The Bishop shall be ex officio chair of the Committee and shall convene its meetings. The functions of the Bishop and the Advisory Committee in this regard and in relation to the Agenda Books shall be those set out in Schedule B.
C – 1.8 Opening and Closing of Synod: The following provisions shall govern the opening and closing of Synod:
C – 1.8.1 Opening of Synod: The session of Synod shall be opened with a celebration of the Holy Eucharist. Subject to the provisions of Article VIII of the Constitution, of the Canons and of the Standing Rules of the Provincial Synod, the procedure of the Synod shall be as set out in Schedule C.
C – 1.8.2 Closing of Synod: The session of the Synod shall be closed with a service of prayer and praise, in the course of which the Bishop shall promulgate all the measures passed by that session, and then pronounce the session of Synod closed.
RULE C – 2 DIOCESAN MANAGEMENT LEADERSHIP TEAM
C – 2.1 Functions of the Management Leadership Team: This Team shall act on behalf of Diocesan Synod between sessions and sittings of the Synod. It shall develop diocesan policy and ensure that all diocesan structures are performing their agreed functions satisfactorily. The Team shall, before the 30 June each year, report by means of an Annual Report to all bodies entitled to representation at Synod. This Annual Report shall include copies of the Audited Financial Statements of the Diocese as well as a report signed by the Bishop detailing the activities of the Diocese during the preceding year.
C – 2.2 Composition and Method of Operation of the Management Leadership Team: The Team shall consist of all the members of the Ministry Leadership Team (see Rule C - 3 below) and the Portfolio Leadership Team (see Rule C - 4 below). The Team shall meet at least three times each year when called upon by the Bishop who shall Chair the meetings of the Team. In the absence of the Bishop the Team shall elect a chairperson.
RULE C – 3 DIOCESAN MINISTRY LEADERSHIP TEAM
C – 3.1 Functions of the Ministry Leadership Team: This Team shall perform the functions assigned to the Bishop’s Senate and Cathedral Chapter by the Canons. In addition to these functions and unless the Bishop, in consultation with the Team, shall decide otherwise, it shall meet on a monthly basis to: -
1) provide ongoing evaluation and assessment of the ministry of each Archdeaconry and its constituent parishes, with a view to identifying areas of special need and resolving any problems and conflicts that may have arisen;
2) assist in the formulation and shaping of Diocesan Vision and policy;
3) develop guidelines or policies which will assist the Archdeacons, clergy and parishes in their ministry.
C – 3.2 Composition of the Ministry Leadership Team: The Team shall consist of the Bishop, the Vicar General, the Dean (if different from the Vicar General), the Diocesan Secretary, the Archdeacons and the Chaplain to the Ministry Leadership Team. The Team may also appoint, subject to confirmation by the Bishop, a maximum of four other people so as to provide greater representivity or specific expertise. The Bishop shall be the Chairperson, but may delegate that responsibility to some other person at his or her discretion.
RULE C – 4 DIOCESAN PORTFOLIO LEADERSHIP TEAM
C – 4.1 Functions of the Portfolio Leadership Team: The Team shall coordinate the activities of the various diocesan portfolio teams, ensuring that there are no gaps which are left uncovered between the activities of the various teams and that potential problems that could arise from overlapping interests and activities are minimised by effective communication.
C – 4.2 Composition of the Portfolio Leadership Team: The Team shall consist of the Bishop, the Vicar General, the Dean (if different from the Vicar General), the Diocesan Secretary, the Chaplain to the Ministry Leadership Team and the Chairpersons of the seven Portfolio Teams. If, for any reason, the Chairperson of a Portfolio Team is unable to attend, another member of that Team shall attend in his or her stead. The Portfolio Leadership Team may also appoint, subject to confirmation by the Bishop, a maximum of four other people so as to provide greater representivity or specific expertise. The Bishop shall be the Chairperson of the Team but may delegate that responsibility to some other person at his or her discretion.
C – 4.3 Portfolio Teams: The Portfolio Leadership Team shall delegate responsibility for the various areas of the management of the Diocese to Portfolio Teams, with each Portfolio Team having a specific and clearly defined area of responsibility. It shall be competent for a Portfolio Team to delegate a part of its function to a Function Team (where the task is ongoing) or to a Task Team (where the delegation will cease when the defined task has been completed).
C – 4.4 Composition and Method of Operation of Portfolio Teams: The composition and method of operation of each Portfolio Team shall be determined by the Portfolio Team itself, subject to the approval of the Diocesan Portfolio Leadership Team, and to any specific requirements of these Rules, and shall be recorded in writing, a copy of which shall be lodged with the Diocesan Office. In the event of a Portfolio failing to do this for any reason, then it shall be done by the Bishop. Each Portfolio Team shall elect from its members at its first meeting each year a Chairperson who shall serve as such for the year until the next election is held, and who shall represent the Portfolio Team on the Diocesan Portfolio Leadership Team, provided the election is ratified by the Bishop. Each Portfolio Team shall keep proper minutes of its meetings and shall file these with the Diocesan Secretary, as a component of the records of the Diocese. The Portfolio Teams shall report to the Diocesan Portfolio Leadership Team as and when required.
RULE C – 5 ADMINISTRATION PORTFOLIO
C – 5.1 Function of the Administration Portfolio: The duties of the Administration Portfolio shall include among other things:
1) oversight of the effective functioning of the Diocesan Office;
2) oversight of the work done by the Diocesan Finance Board;
3) oversight of the work done by the Diocesan Retirement Committee;
4) oversight of the work done by the Diocesan Trustees;
5) oversight of diocesan communications.
C – 5.2 Composition and Method of Operation of the Administration Portfolio: The composition of the Administration Portfolio shall include the Diocesan Secretary and Deputy Diocesan Secretary, but shall otherwise comprise representatives of the Diocesan Finance Board, the Diocesan Retirement Committee and the Diocesan Trustees and others as may be determined by the Portfolio itself.
C – 5.3 Diocesan Finance Board: There shall be a Diocesan Finance Board responsible for the oversight of the financial and administrative affairs of the Diocese to try to ensure that the Diocese is managed on a sound financial footing. Because of the provisions of Article XVIII of the Constitution, it operates under authority delegated to it by the Diocesan Trustees, and so the Board shall report regularly to the Trustees.
C – 5.3.1 Function of the Diocesan Finance Board: The functions of the Diocesan Finance Board shall be:
1) the receiving, expending and controlling of any funds entrusted to it. The Board shall open necessary banking accounts and authorise specified persons to sign all cheques drawn thereon and any other documents in connection therewith;
2) to encourage parishes to meet their financial obligations in respect of the Diocese, their contributions being determined in terms of Schedule L;
3) to ensure that Synod receives a copy of the Audited Financial Statements for the preceding financial year, together with estimates of Diocesan Revenue and Expenditure for the next financial year, together with a Schedule of parish contributions to diocesan revenues;
4) to request the Bishop to summons a Synod in the event that a limit to its funds becomes probable;
5) to establish regulations, guidelines and processes to ensure, as far as it can, that:
a) no vestry, parish council, cleric, diocesan or parochial officer, board or any other person or body shall incur debt for, or on behalf of the Church, or in any manner so bind the Church unless acting under power expressly contained in an Article of the Constitution, Canon, Act, Rule or under the written authority of the Diocesan Finance Board;
b) no parish shall undertake any fund-raising campaign using the services of a fund-raising organisation without the prior consent of the Diocesan Finance Board;
c) any parish undertaking a fund-raising campaign (other than normal annual stewardship campaigns and individual functions) either with or without the services of a professional company shall obtain the approval of the Diocesan Finance Board for the financial programme proposed before launching its campaign;
d) all surplus funds held by any part of the Diocese are invested in the Diocesan Deposit Fund;
6) to prepare financial statements of the Diocese on an annual basis, have them audited and present them, together with a detailed report of their stewardship of the assets under their control, to the Bishop before 30 April of each year. These financial statements shall form part of the Annual Report of the Management Leadership Team;
7) to prepare consolidated financial statements of the Diocese, all its parishes and any diocesan organisation incorporated within the Diocese, for the public benefit organisation reporting purposes in terms of the Income Tax Act, and, if able to be completed timeously, for inclusion in the Annual Report of the Management Leadership Team (Rule C – 2.1).
C – 5.3.2.1 Composition of the Diocesan Finance Board: In view of the provisions of Article XV111 of the Constitution, the Diocesan Finance Board has delegated authority from the Diocesan Trustees in relation to all assets of the Diocese other than immovable property, but shall otherwise be responsible for the administrative and financial management of the diocese. It shall consist of the Bishop, the Vicar General, the Dean (if different from the Vicar General, the Diocesan Secretary, The Diocesan Bursar and Deputy Bursar(s) of the Diocese, together with one representative from each Archdeaconry appointed by the Archdeacon and two of the Diocesan Trustees, nominated by them. On the recommendation of the Board, the Bishop may also appoint a maximum of four additional advisors so as to provide greater representivity or specific expertise. The Diocesan Bursar shall be the Chairperson of the Board or shall delegate that responsibility to some other person at his or her discretion.
C – 5.3.2.2 Composition of the Executive Committee of the Diocesan Finance Board: Should an urgent and necessary decision be required between meetings of The Diocesan Finance Board, the Diocesan Secretary shall canvas the opinion of as many members of the Board as is possible, but for the purposes of making that urgent and necessary decision, the Bishop, the Diocesan Secretary, the Diocesan Bursar and the Chairman of The Diocesan Finance Board (if different from the Diocesan Bursar) shall be deemed to be an Executive Committee of the Diocesan Finance Board. Any such decisions made by the Executive Committee shall be reported to the followingmeeting ofThe Diocesan Finance Board.
C – 5.3.3 Keeping of Minutes: The Board shall cause minutes to be duly entered in books provided for the purpose of recording the members present, and all resolutions and proceedings at each meeting. The minute book of the Board shall be open at all times to inspection by any member of the Board and any incumbent or churchwarden in respect of matters concerning their own parish jurisdiction.
C - 5.3.4 Deposit Funds: The Board shall have the power to establish, operate and wind up Diocesan Deposit Funds or investment funds as laid down in Schedule A of the Constitution of the Church.
C – 5.4 Diocesan Retirement Committee: There shall be a Retirement Committee responsible for those who have retired from service to the Diocese and their spouses.
C – 5.4.1 Function of Diocesan Retirement Committee: The duties of this Committee shall, among other things, be to:
1) endeavour to ensure that all clergy of the diocese and lay workers in the employment of the diocese are, throughout the period of their employment in the diocese, making adequate provision for retirement and also adequate provision for their dependents in the event of their illness or death;
2) give consideration to benefits for such clergy and lay workers, who may through illness retire prematurely;
3) encourage parishes, either singly or in groups, to provide accommodation for retired clergy and lay workers, and for their surviving spouses and other dependents in the event of illness or death;
4) give assistance and advice to parishes which are willing to provide such accommodation;
5) put retired clergy and lay workers, their surviving spouses and dependents in touch with parishes who may be able to provide retirement accommodation;
6) as far as may be possible, meet such needs and see to the augmentation or provision of pension benefits for retired clergy and layworkers, their surviving spouses or dependents both generally and as may be advised to it by the Pastoral Care Portfolio
C – 5.4.2 Composition of the Diocesan Retirement Committee: The composition and method of operation of the Committee shall be determined by itself, subject to the approval of the Administration Portfolio.
C – 5.5 Diocesan Trustees: As required by the Canons of the Church there shall be a body known as the Diocesan Trustees who shall own all the property of the Diocese and in whose name all land shall be registered.
C – 5.5.1 Name of the Diocesan Trustees: The Trustees shall be called “The Trustees of the Diocese of Johannesburg of the Church of the Province of Southern Africa” for the holding of all properties of the Church within the diocese, of whatsoever kind, whether movable or immovable in terms of the Constitution and Canons.
C – 5.5.2 Function of the Diocesan Trustees: The Trustees delegate authority to the Diocesan Finance Board in all matters within their responsibility save for those relating to immovable property. Their functions in this regard are set out in Schedule I.
C – 5.5.3.1 Composition of the Diocesan Trustees: The Trustees shall consist of the Bishop, the Vicar General, the Dean (if different from the Vicar General), the Diocesan Secretary, the Diocesan Chancellor and Vice Chancellor, the Registrar and Deputy Registrar, together with four lay representatives elected by each session of Synod, to provide greater representivity or expertise. Such elected members shall hold office until the day on which the next election results are announced. On the recommendation of the Trustees, the Bishop may also appoint a maximum of six additional advisors so as to provide greater representivity or specific expertise. The Diocesan Registrar shall be the Chairperson or shall delegate that responsibility to some other person at his or her discretion.
C – 5.5.3.2 Composition of the Executive Committee of the Diocesan Trustees: Should an urgent and necessary decision be required between meetings of The Diocesan Trustees, the Diocesan Secretary shall canvas the opinion of as many members of the Trustees as is possible, but for the purposes of making that urgent and necessary decision, the Bishop, the Diocesan Secretary, the Diocesan Registrar and the Chairman of Trustees (if different from the Registrar) shall be deemed to be an Executive Committee of the Trustees. Any such decisions made by the Executive Committee shall be reported to the following meeting of The Diocesan Trustees.
C – 5.5.4 Proceedings of the Diocesan Trustees: The Trustees shall meet from time to time for the transaction of business as occasion shall require. The provisions pertaining to the proceedings of the Trustees are set out in Schedule J.
RULE C – 6 CHURCH GROWTH PORTFOLIO
C – 6.1 Function of the Church Growth Portfolio: The duties of the Church Growth Portfolio shall include, among other things:
1) advising the Diocese on all matters pertaining to parish growth, the identification of church planters and developers, and new church planting itself;
2) identifying land in areas designated as Diocesan Development Areas for the purpose of church planting, and assisting the Trustees in negotiating for and acquiring such land.
C – 6.2 Composition and Method of Operation of the Church Growth Portfolio: The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, subject to the approval of the Portfolio Leadership Team.
RULE C – 7 SOCIAL RESPONSIBILITY PORTFOLIO
C – 7.1 Function of the Social Responsibility Portfolio: The duties of the Social Responsibility Portfolio shall, among other things, be to:
1) encourage and foster the involvement of members of the diocese in works of mercy, justice and social service;
2) assist and advise diocesan homes, hostels, medical services or other works of mercy, justice and social service to ensure that operations conform to accepted principles of good governance and sound management, and thus to protect the Diocese from unexpected financial or legal involvements;
3) approve the formation, adoption of or association with, any home, hostel, medical service or other work of mercy, justice or social service;
4) guide organisations in the development and amendment of their constitutions and to present any proposed changes to their constitutions to the Trustees;
5) appoint at least one diocesan representative to the governing body of such an organisation. Where so desired by the organisation concerned, more diocesan representatives may be appointed;
6) bring about, where good cause to do so exists, the withdrawal by the Diocese of its approval, adoption of or association with, any home, hostel, medical service or other work of mercy, justice or social service;
C – 7.2 Composition and Method of Operation of the Social Responsibility Portfolio: The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, subject to the approval of the Portfolio Leadership Team.
C – 7.3 Termination of Relationships with Diocesan Organisations: Synod may, upon a notice of motion brought by this Portfolio Team, withdraw from any organisation referred to in Rule C – 7.1 the diocesan approval, adoption, association or any other form of relationship that may have existed prior to such withdrawal. The Bishop shall, as soon as reasonably possible, advise the organisation in writing of the withdrawal from the said relationship, which withdrawal shall become effective 30 days after Synod has approved the motion. All property held by the Trustees for the organisation shall be transferred to the organisation at the latter’s expense.
C – 7.4 COACH:
C – 7.4.1. Function of COACH: The duties of COACH (Coalition of Anglican Children’s Homes) shall, among other things, be to:
1) develop the organisational capacity of the homes and co-ordinate services to children and youth at risk, together with their families;
2) establish a common, parallel financial administration for all COACH homes and establish effective accountability structures to the Diocese;
3) develop a comprehensive plan for staff development and training;
4) establish one common board of governors.
C – 7.4.2 Composition and Method of Operation of COACH: COACH is a coalition of Anglican Children’s Homes and the Diocese. The composition and method of operation of COACH shall be determined by the constitution of COACH and approved by the Diocesan Portfolio Leadership Team.
RULE C – 8 MINISTRY FORMATION PORTFOLIO
C – 8.1. Function of the Ministry Formation Portfolio: The duties of the Ministry Formation Portfolio shall include, among other things:
1) co-ordinating and helping to evaluate ministry formation, both clerical and lay, in the diocese;
2) advising the Diocese on all matters pertaining to ministry formation;
3) submitting, in writing, to the Portfolio Leadership Team:
a) up-to-date vision and goals of the Portfolio, and of each Section and Unit within the Portfolio;
b) a monthly report on the work of the Units in the Portfolio;
4) authority to delegate tasks where appropriate.
C – 8.2 Composition and Method of Operation of the Ministry Formation Portfolio: : The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, in relation to theministry and training needs of the Diocese, subject to the approval of the Diocesan Portfolio Leadership Team. Its membership shall include, at least, the Portfolio Co-ordinator and the Co-ordinator of each of the sections as detailed below.
C - 8.3 Structure of the Portfolio: The Ministry Formation Portfolio shall have three separate but co-operating sections, namely:
1) Section 1: Continuing Ministry Formation, which will:
a) target ordained and lay persons, being those exercising particular leadership responsibilities, such as clergy, churchwardens, parish councillors and parish ministers;
b) provide shorter courses and workshops.
2) Section 2: Training for Ordained Ministry (TfOM), which will:
a) target ordinands and those testing a call to ordained ministry;
b) encourage, empower and support potential clergy in all stages of the ordination process;
c) ensure that,after being ordained deacon, each person completesa clearly specified 3-year process of continuing formation and skills training,under the direction of the Post-Ordination Training Units.
This Section includes the Desmond Tutu School for Ministries which is responsible for the Fellowship of Vocation and the training of ordinands
3) Section 3: Ongoing Clergy Formation, which will
a) offer ongoing formation and training to stipendiary and self supporting clergy in the Diocese and will:
b) provide ongoing encouragement, formation and support to all clergy;
C - 8.4 Fellowship of Vocation (FOV): Wardens will be appointed by the Co-ordinator of FOV, in consultation with Training for Ordained Ministry. Names of new Wardens will be reported to the Ministry Formation Portfolio Team, and to the Bishop. The Wardens will be intentionally trained. They will hold office for as long as the Co-ordinator of FOV decides. They will be responsible for clearly defining the process to each new member; for ongoing discernment of gifts and calling; for fostering of vocations; for keeping in contact with each member's parish priest; for preparing candidates for the Discernment Conference; and for advising the Co-ordinator of TfOM concerning candidates for the Discernment Conference. The Fellowship of Vocation will be a Unit in Section 2 of the Ministry Formation Portfolio.
C - 8.5 Discernment Process: Members of the discernment panel will be appointed by the Co-ordinator of the Discernment process, in consultation with Training for Ordained Ministry. Names of new members will be reported to the Ministry Formation Portfolio, and to the Bishop. They will hold office - for as long as the Co-ordinator of the Discernment Process decides - to discern vocations and to advise the Bishop concerning candidates for ordination. The Discernment Process will be a Unit in Section 2 of the Ministry Formation Portfolio.
C - 8.6 Training Parishes: Parishes in the Diocese may be designated Training Parishes by the Ministry Formation Portfolio. Incumbents of Training Parishes will be expected to participate in the Training-Rectors' Forum, a Unit in Section 3 of the Ministry Formation Portfolio. From time to time the Training-Rectors' Forum shall, in consultation with the clergy in post-ordination training, fix a description of what each is entitled to expect of the other. Such agreement shall be set out in a document for distribution to the clergy and parishes of the diocese, and shall be amended as required by similar consultations.
RULE C – 9: PASTORAL CARE PORTFOLIO
C – 9.1 Function of the Pastoral Care Portfolio: The functions of the Pastoral Care Portfolio shall include, among other things:
1) advising the Portfolio Leadership Team on all matters pertaining to human resources, career planning and the pastoral care of the clergy, lay workers and their families, retired clergy and lay workers, their surviving spouses, minor dependent children and such other persons as are referred to it by the Bishop."
2) keeping in touch with the surviving spouses and minor dependent children of deceased clergy and lay workers, and with such other persons as are referred to it by the Bishop, ascertaining their financial and other needs and referring these to the Diocesan Retirement Committee
3) oversight of the work done by the Conflict Resolution Team;
4) oversight of the work done by the Human Resources Team;
5) oversight of the work of the Search Team.
C – 9.2 Composition and Method of Operation of the Pastoral Care Portfolio: The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, subject to the approval of the Portfolio Leadership Team.
RULE C – 10: SPIRITUAL FORMATION PORTFOLIO
C – 10.1 The Function of the Spiritual Formation Portfolio: The functions of the Spiritual Formation Portfolio shall include, among other things:
1) advising the Diocese on all matters pertaining to spiritual formation in the Diocese;
2) developing formational programmes and material for ordination training, for clergy development and for use in parishes.
C – 10.2 Composition and Method of Operation of the Spiritual Formation Portfolio: The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, subject to the approval of the Portfolio Leadership Team.
RULE C – 11: YOUNG PEOPLE’S MINISTRY PORTFOLIO
C – 11.1 Function of the Young People’s Ministry Portfolio: The functions of the Young People’s Ministry Portfolio shall include, among other things :
1) advising the Diocese on all matters pertaining to ministry to and by young people in the diocese;
2) developing and training young leaders and youth pastors;
3) maintaining oversight of the work being done by the Diocesan Youth Council and all other structures and ministries within the diocese directed to or run by young people.
C – 11.2 Composition and Method of Operation of the Young People’s Ministry Portfolio: The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, subject to the approval of the Portfolio Leadership Team.
RULE C – 12: INSTITUTIONS AND ORGANISATIONS PORTFOLIO
C – 12.1 Function of the Institutions and Organisations Portfolio: The functions of the Institutions and Organisations Portfolio shall include, among other things, be to:
1) advise the Diocese on all matters pertaining to institutions and organisations operating within the diocese that do not logically fall within the ambit of one of the other Portfolios.
2) strengthen the relationship between the Diocese and all institutions and organisations operating within the diocese and to encourage and foster commitment to the Diocesan Vision;
3) assist and advise all institutions and organisations operating within the diocese to ensure that operations conform to accepted principles of good governance and sound management, and thus to protect the diocese from unexpected financial or legal involvements;
4) advise Diocesan Synod in relation to any application or proposal that an institution or organisation be approved or adopted by or otherwise brought into an association or relationship with the Diocese as a diocesan institution or organisation
5) guide organisations and institutions in the development and amendment of their constitutions and, where required, to present any proposed changes to their constitutions to the Trustees;
6) bring about, where good cause to do so exists and after giving it an opportunity to be heard and considering its submissions in this regard, the withdrawal by the Diocese of its approval, adoption of, or association with any institution and organisation operating in the diocese.
7) bring about, where good cause to do so exists, the withdrawal by the Diocese of its approval, adoption of, or association with any institution and organisation operating within the diocese.
C – 12.2 Composition and Method of Operation: The composition and method of operation of the Portfolio shall be determined by the Portfolio Team itself, subject to the approval of the Portfolio Leadership Team.
C – 12.3 Termination of Relationships with Institutions and Organisations Operating within the Diocese: Synod may, upon a notice of motion brought by this Portfolio Team, withdraw from any institution and organisation referred to in Rule 12.1the diocesan approval, adoption, association or any other form of relationship that may have existed prior to such withdrawal. The Bishop shall, as soon as reasonably possible, advise the institution or organisation in writing of the withdrawal from the said relationship, which withdrawal shall become effective 30 days after synod has approved the motion. All property held by the Trustees for the institution or organisation shall be transferred to that institution or organisation at the latter’s expense.
SECTION D ARCHDEACONRIES
RULE D -1: COMPOSITION OF ARCHDEACONRIES
D – 1.1 Composition of Archdeaconries: The composition of archdeaconries and any alterations to their boundaries shall be decided upon by the Bishop after consultation with the Ministry Leadership Team and the clergy of the parishes concerned.
D – 1.2 Purpose of Archdeaconry Meetings: The archdeacon, clergy and parish councils of each archdeaconry are required to work together with the objectives of encouraging and empowering all of its people in ministry, mission and personal growth. Each archdeacon shall report on progress towards these goals regularly to Ministry Leadership Team. The working together need not be limited to the archdeaconry itself but may include, where appropriate, co-operation between parishes in differing archdeaconries for the same purposes.
D - 1.3 Composition of Archdeaconry Meetings: Archdeaconries shall have regular meetings, to be summonsed by the Archdeacon, which shall comprise the Archdeacon and at least all other clergy within the archdeaconry. In addition meetings should also comprise all Churchwardens in the archdeaconry and one additional lay communicant member from each parish, with encouragement for youth membership, elected by the parish councils concerned each year and thereafter as vacancies occur, plus such other representatives as the archdeaconry meeting itself may decide. Such meetings may be separated into component meetings of various kinds, as the archdeaconry meetings may agree from time to time.
SECTION E: PARISHES AND DEVELOPMENT DISTRICTS
RULE E - 1 PARISHES
E – 1.1 Parish Boundaries: The diocese shall be divided into parishes. The Bishop shall have the power to constitute or alter the boundaries of parishes in terms of Canon 23.
E – 1.2 Establishing or Abolishing Parishes: When the Bishop considers that it is desirable, in the interests of the diocese, to constitute or abolish a parish, notice of the Bishop’s intention shall be given to the Incumbent and Churchwardens of each parish affected. If, within one month of receipt of such notice, objection is made to the proposed alteration, the objection shall be heard by the Ministry Leadership Team. At this hearing, the Incumbent and Churchwardens of each parish affected shall be entitled to attend and to speak. The decision of the Ministry Leadership Team shall be final, and not subject to appeal. No objection may be made later than one month after receipt of the Bishop's notice.
E – 1.3 Parishes that are not financially viable: Where a parish fails to meet its financial obligations in respect of its clergy, the Diocesan Secretary, after ascertaining the full facts of the matter shall present a report to the Ministry Leadership Team who shall determine an appropriate course of action in accordance with policy as determined by the Diocesan Management Team from time to time.
RULE E - 2 DEVELOPMENT DISTRICTS
E – 2.1 Establishing or Abolishing Development Districts: When the Bishop considers that it is desirable for the development of the diocese, to constitute or abolish any area of the diocese as a Development District, notice of the Bishop’s intention shall be given to the Incumbent and the Churchwardens of each parish affected. If, within one month of receipt of such notice, objection is made to the proposed alteration, the objection shall be heard by the Ministry Leadership Team. At this hearing the Incumbent and Churchwardens of each parish affected shall be entitled to attend and to speak. The decision of the Ministry Leadership Team shall be final, and not subject to appeal. No objection may be made later than one month after receipt of the Bishop's notice. All the provisions of these Rules regarding Annual Vestry Meetings and the conduct of Parish Councils shall apply to a Development District.
E – 2.2 Evaluation of Progress: The progress towards becoming a self supporting parish shall be evaluated by the Archdeacon and Ministry Leadership Team on an annual basis. The Bishop, in the light of that evaluation, may initiate action to change the said Development District to a parish in terms of Rule E – 1.2.
SECTION F DIOCESAN CLERGY
RULE F - 1 LICENSING OF CLERGY
F – 1.1 Exercising Ministry in the Diocese: No priest or deacon shall be permitted to exercise any ministry within the Diocese unless duly authorised in terms of Rules F - 1.2 to F -1.5.
F - 1.2 Licensing within a Parish or Organisation: Clergy may be licensed by the Bishop in terms of Rule F – 2 or as an assistant into a parish or as a chaplain into a diocesan school or organisation.
F – 1.3 Holding of a General Licence: The Bishop may at his or her discretion issue to a cleric a general licence to exercise ministry within the Diocese. Such persons shall be directly accountable to the Bishop for their ministry.
F – 1.4 Holding of a Letter of Permission: All retired clergy and self supporting clergy not licensed as incumbents or assistants may apply for a letter of permission to exercise ministry. Such application shall be made by the Incumbent of the parish in which the clergy person habitually worships, on the recommendation of the Parish Council of that parish, and if granted shall expire three years after issue even if the licence is undated.
F – 1.5 Conducting Occasional Services: Clergy licensed in the Diocese may be invited to assist at services throughout the Diocese, provided this is done with the approval of the Incumbent of the parish to which they are licensed. Clergy in active ministry in another diocese or in any church in communion with this Church (i.e. the Church of the Province of Southern Africa) and who hold a current licence in that diocese or church may be invited by the Incumbent of a parish to officiate in a parish for one Sunday. All other requests for permission to officiate must be made to the Bishop.
RULE F – 2 APPOINTMENT OF CLERGY
F – 2.1 Appointment of a Rector: All appointments of incumbents shall be made by the Bishop who shall, however, not make such appointments without the concurrence of the Parish Council of the parish of which the incumbency is vacant. The Bishop, or a deputy appointed by the Bishop, shall preside over the Parish Council at all meetings dealing with the filling of the vacant parish; provided that the Bishop may consult the Vestry instead of the Parish Council. Assistant clergy of the parish shall recuse themselves from such meetings unless requested by the Bishop or his deputy to remain.
F – 2.2 The Appointment of a Priest-in-Charge: Until an incumbent is appointed, the Bishop may appoint a priest-in-charge to the parish.
F – 2.3.1 Appointment by the Incumbent: Subject to the Bishop being willing to grant the necessary licences, an incumbent may appoint one or more assistant clergy to serve within the parish.
F – 2.3.2 Agreement: Before the Bishop licenses an assistant cleric, the incumbent and the assistant cleric shall be required to sign an agreement to the effect that:-
1) three months' notice must be given in writing by the assistant cleric to the incumbent if he or she wishes to resign the appointment;
2) three months' notice must be given in writing by the incumbent to the assistant cleric if the former wishes the latter to leave;
3) a copy of such notice must in either case be sent immediately to the Bishop;
4) upon the application of either party, the Bishop shall be empowered, if there is sufficient cause, to dissolve the contract, subject to at least one month's notice;
5) if the incumbency becomes vacant, the assistant cleric may resign at once, or may choose to be subject to three months' notice of the termination of services in that parish from the next appointed Incumbent.
RULE F – 3 STIPENDS AND ALLOWANCES FOR CLERGY
F – 3.1 Stipends and Allowances: The stipends and allowances of clergy shall be in accordance with scales laid down by the Synod from time to time. These scales may, in exceptional circumstances and for good cause, be amended by the Diocesan Finance Board, but such changes shall be referred to the next session of Synod for ratification. These financial provisions, together with adequate transport arrangements according to Diocesan scales, shall be met by all parishes in respect of their clergy unless there be specific arrangements to the contrary with the Diocesan Finance Board.
F – 3.2 Payments during an Interregnum: Payment by the parish of the full scale of stipends and allowances shall continue throughout periods of interregnum. Such money, to the extent accumulated, may be drawn down from the Diocese, to be used to offset the cost of interregnum services; the remainder shall be allocated by the Diocesan Management Team, in its discretion and taking into account any special circumstances, to the parish concerned or to the training of ordinands or to a combination of both.
F – 3.3 Memorandum of Understanding: The reciprocal arrangements between a cleric and the Parish Council shall be negotiated and agreed by the Parish Council, the cleric and the Diocesan Secretary or Deputy, and shall be recorded in an understanding signed by the parties. Such stipends and allowances as are agreed to in this Memorandum of Understanding shall be debited by the Diocese against the parish and deducted in the normal way. The Diocese shall ensure that the necessary tax is paid and that proper records are kept in accordance with SARS requirements. The Memorandum of Understanding shall be reviewed by the Parish Council on an annual basis and its stipends and allowances adjusted accordingly.
F – 3.4 Relieving and Self Supporting Clergy: Relieving clergy or self supporting clergy shall be paid for their time and travel according to the rates for both as set down in the Diocesan scales. Where such clergy shall be required for an extended period of time, stipends and allowances shall be determined by the Churchwardens of that parish in consultation with both the cleric concerned and the Diocesan Secretary or deputy.
F – 3.5 Retirement Housing Allowance: Stipendiary clergy and licensed layworkers shall be entitled to enjoy the retirement housing allowance set out in Schedule D para 1.
F – 3.6 Moving Expenses: The Diocesan Finance Board shall pay either a part or the whole of the travelling and moving expenses of every cleric entering the service of the diocese, provided that if a cleric does not remain in the diocese for at least five years the cleric shall refund a proportionate amount of this payment unless the Bishop directs otherwise.
F – 3.7 No Fees: No fee whatsoever shall be charged by any cleric, parish council or diocesan official for ministry, save that a Parish Council may, by way of a fee, recover its expenditure in respect of musicians, choirs, flowers, the use of non-clerical staff and the provision of electricity, water and gas. The details of these fees shall accompany the budget filed with the Diocesan Secretary each year.
F – 3.8 PARISH ALLOWANCES: In addition to the allowances specified above:
F - 3.8.1 A parish may agree to pay clergy an additional voluntary allowance on a monthly or less frequent basis. Such allowance shall be agreed in writing with the clergy and a copy submitted to the Diocesan Office to enable payment to be made by the Diocese and for the necessary tax to be deducted. Such allowances shall be reviewed annually and the details of any changes sent to the Diocesan Office before December 15th for inclusion with the January stipend payments.
3.8.2 To enable supplementary allowances to be paid to clergy where parishes cannot afford to pay the defined stipend and allowances or any additional voluntary allowance, a parish paying voluntary allowances shall be encouraged to pay an additional percentage of its aggregate voluntary allowances into a common diocesan fund. The Bishop, in consultation with the Management Leadership Team, will make allocations from this fund, taking all relevant factors into account.
3.8.3 All voluntary allowances, both those referred to in sub-section 3.8.1 and those funded in terms of sub-section 3.8.2, shall constitute part of the clergys' pensionable emoluments, to the extent possible in terms of the rules of the Pension Fund
RULE F – 4 CLERGY HOUSING AND TRANSPORT
F – 4.1 Clergy Housing: The following provisions shall apply in respect of clergy housing:
F – 4.1.1 Entitlement: On appointment to an incumbency, a cleric shall be entitled to live in the rectory, or if there is none, another residence within the parish. An assistant, who is licensed to work in a parish, shall be entitled to be provided with a place of residence within the parish. The Parish Council shall be responsible for the provision of such accommodation.
F – 4.1.2 Adequate Accommodation: Any accommodation provided to an incumbent or assistant cleric shall be adequate and maintained by the Parish Council in a proper state of repair.
F – 4.1.3 Rights of Widow or Widower: On the death of a stipendiary cleric the surviving spouse or dependents shall have the right to continue to occupy the rectory or diocesan dwelling (as the case may be) for a maximum period of six calendar months following such death.
F – 4.1.4 Substitute Accommodation: If the Incumbent or assistant cleric does not wish to live in any accommodation provided, but in some other building within the parish, not owned by the church, he or she may do so by agreement with the Parish Council, which agreement shall include provision for the use of the rectory, if any. In such a case, a monthly allowance shall be paid to the Incumbent or assistant cleric by the Parish Council, which allowance shall be negotiated with the Parish Council. Where agreement in respect of either residence or allowance cannot be reached between the cleric and Parish Council, the matter shall be referred to the Bishop whose decision shall be final. If the Incumbent or assistant cleric wishes to live outside the parish, the provisions of Canon 26 shall apply.
F – 4.2 Clergy Transport: It shall be the responsibility of the parish to ensure that each of its stipendiary clergy is provided with suitable transport, to enable the cleric to carry out his or her duties, and it shall furthermore be responsible for its maintenance and running costs. Should a cleric be required to use his or her own personal motor vehicle or other suitable transport to carry out these duties, he or she shall be compensated by the parish in accordance with rates determined from time to time by the Diocesan Finance Board. Any dispute in regard to the aforegoing shall be determined by the Bishop.
RULE F – 5 CLERGY LEAVE ARRANGEMENTS
F – 5.1 Ordinary Leave: A cleric shall be entitled to twenty-eight calendar days of ordinary annual leave, including not more than four Sundays, in each year. Seven days of such leave may be accumulated in each year, to a maximum of 21 days, and may be taken, together with annual leave, in one period, including up to seven Sundays, but may not be taken more than once in every three years, nor in a year when long leave is taken. The cleric shall arrange ordinary leave in consultation with the Archdeacon and the Parish Council. No payment shall be due in respect of ordinary leave which is not taken.
F – 5.2 Long Leave: In addition to ordinary annual leave, clergy shall be entitled to long leave after completion of every six years in the Diocese. Such long leave may be taken either in two periods of six weeks or in one period of three months. Long leave may not be accrued beyond the third year after the end of the six year period. If not taken, such long leave shall be forfeited unless the Bishop shall decree otherwise, and no payment shall be due in respect of long leave not taken. The taking of such long leave shall be negotiated and agreed between the cleric, the Archdeacon and the Parish, and the Bishop shall be informed of the dates of such long leave two months prior to the commencing date.
F – 5.3 Sick Leave: On production of a medical certificate, a cleric may be granted sick leave by the Bishop for such period and under such conditions as the Bishop considers necessary to render the cleric fit for return to duty.
F – 5.4 Study Leave: Study leave for courses approved by the Bishop, may be granted to a cleric upon application to, and at the discretion of, the Bishop, and in consultation with the Parish Council.
F – 5.5 Reporting of Leave: The Churchwardens shall certify before 15th February of each year, on a form provided by the Diocesan Secretary, the amount and type of leave taken by each of the Clergy in the Parish in the preceding year.
F - 5.6 Absence of the Incumbent: An incumbent may not be absent from his or her parish without making arrangements for the holding of the usual Sunday services. Where appropriate, Morning Prayer may be substituted for the Holy Eucharist from time to time.
RULE F – 6 REMOVAL OF CLERGY FROM OFFICE
F – 6.1 Retirement of Clergy: Each clergy shall retire at the end of the month in which they attain the normal retirement age as defined in the rules of the Provincial Pension Fund, as provided for in Canon 25. The Bishop may also, with the approval of the Ministry Leadership Team, offer such ministry to the cleric as seems appropriate.
F - 6.2 Resignation of Incumbent: An incumbent may resign from his or her parish by giving three months' notice to the Bishop. The period of notice may be shortened at the discretion of the Bishop.
F – 6.3 Removal from a Parish: The Bishop may not remove a duly instituted incumbent from office without his or her own consent except in execution of a sentence of an Ecclesiastical Court, or an Informal Tribunal, or in accordance with the provisions of Canon 25 of the Tenure of Clergy.
F – 6.4 Removal at the Instigation of Parishioners: No duly instituted cleric shall be subject to removal from a Parish on the instigation of the parishioners themselves, except by recourse to the procedures in the Constitution and Canons of the Church, and these Rules.
SECTION G PARISH OFFICERS
RULE G - 1 CHURCHWARDENS AND CHAPELWARDENS
G – 1.1 Election of Churchwardens, Chapelwardens and Councillors: Two churchwardens and the parish councillors shall be elected in each parish at the Annual Vestry Meeting. Nominations by proposers and seconders, accepted by the nominees, shall be placed on lists calling for nominations and displayed on the notice board for this purpose together with the notice of the Annual Vestry. Nominations will close immediately after the last service on the Sunday preceding the meeting, but in any event not less than 6 (six) clear days before the meeting. In the same way two chapelwardens and the chapel councillors shall be elected in each chapelry at its Annual Chapelry Vestry Meeting. The signed nomination sheets are to be displayed clearly. Voting shall be by secret ballot. The churchwardens shall be elected by the parishioners present and voting, and shall be approved subsequently by the Incumbent. Failing such approval the appointment of the person or persons elected shall be suspended and the matter referred, in writing, immediately by the chairperson to the Bishop, who shall then either confirm the appointment or set it aside and direct such other action to be taken as he or she may deem fit. The parishioners of any chapelry within a parish shall elect two chapelwardens at an Annual Vestry Meeting of the Chapelry held in terms of Canon 29, and may elect councillors if they so decide.
G – 1.2 Alternate Wardens: The Vestry may elect an alternate churchwarden or chapelwarden who shall act if one or both of the elected churchwardens or chapelwardens be absent from the parish or incapacitated by illness or other cause. Such alternate shall be a member of the Parish Council or Chapelry Council, shall serve on the Executive of the Parish Council, and shall automatically fill a vacancy in the office of churchwarden or chapelwarden without a further meeting of Vestry.
G – 1.3 Consent to Serve: No person shall be elected a churchwarden or chapelwarden unless he or she has signified willingness to serve.
G – 1.4 Minimum Age for Wardens: Every churchwarden and chapelwarden shall be a confirmed parishioner of the age of twenty one years and upwards.
G – 1.5 Nomination of Wardens: Fully signed nomination sheets for the election to the posts of churchwarden, alternate churchwarden, or chapelwarden shall be displayed clearly at the church for the parishioners to see for the 6 (six) days before the meeting of Vestry.
G – 1.6 Five year limitation on term of Office: No person shall be eligible for nomination or election as a churchwarden or alternate churchwarden who has served continuously in either capacity, for five years immediately preceding the date of the Annual Vestry Meeting, provided that the Incumbent, on the request of the Parish Council, may apply to the Bishop for dispensation from this rule on such terms as the Bishop deems fit, which dispensation the Bishop may grant or withhold after consultation with the Archdeacon.
G – 1.7 Casual Vacancies: It shall be the duty of the Incumbent to notify the Bishop forthwith should any casual vacancy occur in the office of churchwarden or chapelwarden. A casual vacancy is a vacancy which occurs through death, resignation duly accepted by the Bishop or removal from office for cause deemed sufficient by the Bishop after due enquiry. It shall be filled within six weeks after it has occurred, and in accordance with the provisions of Canon 29.
G – 1.8 Resignation: Churchwardens wishing to resign must send in their resignations to the Incumbent. The Incumbent shall forward the same to the Bishop, who, after investigation, may or may not accept the same.
G – 1.9 Functions: Churchwardens are the officers of the Bishop and principal representatives of the congregation. They have the following functions:
1) together with the Incumbent they constitute the executive of the Parish Council and have special responsibility in the matters set out in Canon 29;
2) they shall be responsible to keep in good order, at the expense of the parish, the church and other buildings belonging to the church within the Parish, including the fencing and layout of the land. Incumbents shall advise the Diocesan Trustees if this is not done, and the Trustees may call upon the Churchwardens to carry out work which the Trustees deem necessary, at the cost of the parish;
3) they shall ensure that -
a) parishes meet their financial obligations in respect of the Diocese, their contributions being determined in terms of Schedule L;
b) no vestry, parish council meeting or parish officer, or any other person or body in the parish shall incur debt for, or on behalf of, the parish or Church, or in any manner so bind the Church, unless acting under power expressly contained in an Article of the Constitution, Canons, Acts or these Rules or under the written authority of the Diocesan Finance Board;
c) the parish does not undertake any fund-raising campaign (other than normal annual stewardship campaigns and individual functions) using the services of a fund-raising organisation without the prior consent of the Diocesan Finance Board;
4) the parish shall obtain the approval of the Bishop for any proposed fund-raising campaign, whether with or without the services of a fund-raising organisation;
5) all surplus funds of the parish or any parish organisation are invested in the Diocesan Deposit Fund;
6) all registers and records that are required by the Canons, these Rules and the laws of the country (including among others the items in Schedule O) are properly kept and securely retained for the stipulated periods.
7) they have the duty to advise the Bishop or Archdeacon in circumstances set out in Canon 29;
8) they shall exercise a special ministry of friendship and support to the Incumbent, helping him or her in every way that they are able;
9) they shall report on their work at each Annual Vestry;
10) otherwise their duties shall be as set out in Canon 29.
RULE G - 2 PARISH MINISTERS
G – 2.1 Appointment of Parish Ministers: With the exception of those parish ministers(also referred to as lay ministers in the Canons) licensed for preaching and counselling, which licence may only be granted by the Bishop, any other form of ministry in the parish by the laity shall be licensed by the Incumbent after having first obtained the approval of the Parish Council.
G – 2.2 Review of Licences: All licences and authorities to parish ministers shall be fora fixed period of time not exceeding three years. Such licences shall be reviewed by the Incumbent and Parish Council on an annual basis, and may be renewed upon expiry after consultation by the Incumbent with the Parish Council. A licence may be revoked before the period of expiry should the incumbent deem it necessary to do so.
G – 2.3 Role of the Bishop: The Bishop may prescribe regulations for the designation, appointment and admission of parish ministers. The Bishop may revoke any licence granted as he deems fit.
G - 2.4 Application of Canons: Parish ministers shall in addition to provisions of these Rules, be subject to the provisions of the Canons relating to Lay Ministers.
G – 2.5 Lapsing of Licences: All such licences and authorities shall lapse six months after a new Incumbent takes up his or her appointment. At or prior to that time, the new Incumbent, Parish Council and Parish Minister concerned shall review the matter with a view to the licence or authority being renewed or not. In the case of parish ministers licensed by the Bishop to preach or counsel, the matter will be reviewed by the Bishop, the new Incumbent and the Parish Minister concerned.
RULE G -3 PARISH LAY WORKERS
G – 3.1 All other parish lay officials and workers shall be appointed and dismissed by the Incumbent in consultation with the Parish Council. Remuneration, if any, shall be fixed in agreement with the Parish Council. Such parish lay officials and workers shall be under the direction of the Incumbent in matters relating to church services and worship, and of the Incumbent and Churchwardens in other matters. Any dispute arising as to the appointment, dismissal or remuneration of such lay officials and workers shall be referred to the Archdeacon with a right of appeal to the Bishop.
SECTION H PARISH BODIES
RULE H -1 VESTRY MEETINGS
H – 1.1 Annual Vestry: The following provisions apply to Vestries:
H – 1.1.1 Date of the Annual Vestry: In every parish and chapelry, the parishioners (as defined in Canon 27) shall meet together in Vestry at least once in each year, not later than 1st March. This Vestry meeting shall be known as the Annual Vestry Meeting.
H – 1.1.2 Notice of the Annual Vestry: Meetings of Vestry shall be convened by written notice which complies with the Canons, signed by the Incumbent and Churchwardens. Should any be absent or refuse to sign the matter shall be referred to the Bishop immediately, to be dealt with in terms of the Canons. The notice shall state the place, date, time and agenda of the meeting. The notice of the Annual Vestry Meeting, together with the lists calling for nominations referred to in Rule G – 1.1 shall be placed on the notice board not less than 22 days before the date of the meeting, and the notice of any Special Vestry Meeting, in terms of the Canons or these Rules, shall be placed on the notice board not less than 8 days before the date of that meeting.
H – 1.2 Business, Agenda and Minutes of Annual Vestry: The Annual Vestry Meeting shall deal with the following business in the following order:
1) the confirmation of the minutes of the previous Annual Vestry Meeting;
2) the presentation by the Churchwardens of the audited or verified annual accounts of the Parish. Such accounts shall be accepted by the Vestry before proceeding to any other business;
3) a report by the Churchwardens on the condition of all church property used and administered by the Parish, and recommendations to the incoming Parish Council of such action as may be considered necessary for the proper preservation, maintenance, renovation or repair thereof. Such report shall be received by the Vestry;
4) a report by the Incumbent on the affairs of the Parish which shall include the care of the Parish in matters affecting worship, ministry, education, evangelism, unity and development as well as a statement of the needs of the Parish; and such report may include presentations by leaders in parish activities at the invitation of the Incumbent. This report shall be received by the Vestry, and accepted or amended;
5) the presentation by the Churchwardens of estimates of revenue and expenditure which have been prepared in consultation with the Parish Council. Such estimates shall be received by Vestry and accepted or amended;
6) a decision by the Vestry on the number of persons who shall serve on the Parish Council;
7) election of the Churchwardens and the Councillors for the ensuing year, subject to the provisions of Canon 28 and 29;
8) the appointment of an auditor or independent verifier for the ensuing year, whose qualifications and duties shall be as set out in Schedule E;
9) no other business may be transacted at the Annual Vestry Meeting except with the consent of the chairperson.
The minutes of the Annual Vestry Meeting shall be reviewed at the first subsequent Parish Council meeting and to the extent necessary modified so as to reflect fairly the business of Vestry, for presentation and confirmation at the next Annual Vestry Meeting.
H – 1.3 Nominations of Wardens and Councillors: The following provisions are to apply:
H – 1.3.1 Process for Nominating Wardens and Councillors: The nomination of councillors shall be in terms of nominations for specific portfolios as detailed in Rule H – 1.3.2 below. The nominations shall otherwise be in accordance with Rule G – 1.1.
H – 1.3.2 Nominations to Council: Councils shall operate by means of portfolios (defined areas of ministry). Each person nominated to serve as a councillor should therefore, where possible, be a serving member of a specific portfolio team, or a person familiar with the work of that portfolio and able to assume leadership, or assist with the leadership, of that portfolio team; and to represent that portfolio on the Council.
H - 1.3.3 Five year limitation on term of Office: No person shall be eligible for nomination for election, or for co-option as a councillor, warden or alternate warden, who has served continuously in any one or more of those capacities continuously for five years immediately preceding the date of the Annual Vestry Meeting.
H – 1.4 Returns of Annual Vestry: The following provisions are to apply:
H – 1.4.1 Return by the Incumbent: It shall be the duty of the Chairperson of the Vestry to make a return of the election of churchwardens, alternate churchwarden, chapelwardens and councillors, with their full names, to the Archdeacon and Diocesan Secretary within one week of their election. Such return shall certify compliance with the electoral procedure laid down in Rule H – 1.3.1 and Rules G – 1.6 and H – 2.5. Together with this return, the Incumbent shall also submit a copy of the audited or verified Financial Statements, a copy of the estimates of revenue and expenditure approved by Vestry and the declarations by those elected, as required by Rule H - 1.4.2 .
H – 1.4.2 Declarations by those Elected: All churchwardens, any alternate churchwarden, chapelwardens, and any alternate chapelwardens and councillors elected at the Annual Vestry Meeting shall, within seven days of their election, make the declaration set out in Canon 30 which shall be sent by the Incumbent, together with the return of the election referred to in rule H – 1.4.1, to the Diocesan Secretary.
H – 1.5 Investiture and Admission of those Elected at Annual Vestry: The following provisions are to apply:
H – 1.5.1 Investiture of those Elected: All churchwardens, alternate churchwardens, chapelwardens, alternate chapelwardens and councillors shall be considered invested with their offices 21 days after the date of their election unless the Archdeacon shall rule otherwise or the prohibitions set out in Canon 30 shall apply.
H - 1.5.2 Admission of those Elected: The admission of churchwardens, alternate churchwardens, chapelwardens and alternate chapelwardens and councillors shall take place in accordance with Canon 30.
H – 1.6 Special Vestry: A special meeting of Vestry may be duly convened by the Parish Council, or, on requisition in writing to the Incumbent signed by at least ten parishioners whose names are on the register of parishioners, such requisition stating the object of the meeting; except where there are less than fifty parishioners on the roll, then five shall suffice. Such meeting shall be convened within twenty two days from the day on which the Incumbent shall have received the requisition, and notice of the meeting shall be given in terms of Rule G - 2.4.
H – 1.7 Rules of Procedure at Vestry Meetings: The following rules shall apply at all meetings of Vestry:
H – 1.7.1 Chairperson of Vestry: The Incumbent or a deputy shall preside as Chair of the Vestry, but in the absence of the Incumbent and the deputy a person elected by the Vestry shall preside. The Chairperson shall have a casting vote in addition to a deliberative vote. In the vacancy of the office of the Incumbent, the Bishop, or some person appointed by the Bishop for the purpose, shall perform the duties and shall exercise the rights of the Incumbent with regard to summoning meetings of the Vestry and presiding at the same.
H – 1.7.2 Quorum of Vestry: Ten parishioners shall form a quorum, and no business shall be transacted at any meeting of the Vestry unless the quorum shall be present at the start of the meeting.
H – 1.7.3 Right to Speak at Vestry: All parishioners shall be entitled to speak and vote at Vestry. No person shall be entitled to speak or vote unless he or she is either a habitual worshipper or a person whose name appears on the Parish Roll. The Parish Roll shall be tabled at each Vestry in case a dispute should arise.
H – 1.7.4 Conduct at Vestry: The Rules of Synod shall be the Rules of Order in all meetings of Vestry. Vestry shall not be an occasion for attacking or denigrating others. In the performance of their duties, the clergy hold the Bishop’s licence and are directly responsible to the Bishop in all matters relating to their office. Should serious allegations against the Incumbent or other clergy be raised at a Vestry, the matter should be referred by the Churchwardens to the Bishop for investigation. Other matters of dispute shall be decided by the Incumbent and Churchwardens, subject to an appeal to the Bishop whose decision thereon shall be final.
H – 1.7.5 Acquisition, Disposal or Lease of Land and Buildings: No fixed property may be acquired by donation, purchase or lease, or disposed of, nor may buildings on any fixed property be erected, altered or leased unless approval has been obtained both from Vestry and the Diocesan Trustees as provided for in Schedule M.
H – 1.7.6 Adjournment of Vestry: The Chairperson may, with the consent of Vestry, adjourn the same from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
H – 1.7.7 Minutes of Vestry: The minutes of the proceedings of all meetings of the Vestry shall be kept under the direction of the Chairperson in a book provided for that purpose.
RULE H - 2 PARISH COUNCILS
H – 2.1 Composition of Council: Every parish shall have a parish council, every chapelry a chapelry council, which shall consist of the Incumbent, all assistant clergy and full time stipendiary parish ministers licensed to the parish, the churchwardens (or chapelwardens} and alternate warden (if any), and the parish councillors, of whom the number shall be not less than five (save with the permission of the Archdeacon) and who shall be confirmed parishioners.
H – 2.2 Portfolios of Council: The Parish Council shall delegate responsibility for the various areas of the management of the Parish to portfolio teams, with each portfolio having a specific and clearly defined area of responsibility. It shall be competent for a Portfolio Team to delegate a part of its function to a Function Team (where the task is ongoing) or to a Task Team (where the delegation will cease when the defined task has been completed). At least one member of each Portfolio, Function or Task Team must be on the Parish Council, in order to report to Council, but the other members of the Team should not be.
H – 2.3 Purpose of Council: The Parish Council shall perform the functions assigned to it by Canon 28. The Parish Council shall meet on a monthly basis to:
1) review the life of the parish in the light of the Diocesan Vision, the Parish Vision and the strategic plans and goals that the parish has set for itself;
2) receive reports on the work done by the portfolio teams and to ensure that the work done is in keeping with the Diocesan and Parish Visions and the work being done by other portfolio teams;
3) consider matters affecting worship, stewardship, evangelism, education, social responsibility, ecumenical contact, and the pastoral care of the parish and wider community and to ensure that these matters are being adequately addressed through the portfolio teams;
4) review the arrangements for the accommodation, transport and pastoral care of their clergy and their families, and to take such action as is needed to ensure their well being;
5) fulfil the obligations of the Parish Council as contained in Schedule F.
H – 2.4 Chairperson of Council: The Incumbent shall be the Chairperson of the Parish Council, but shall have the right to allow the Parish Council to elect from among its members (but not from co-opted members) a person to deputise as Chairperson. Such deputy Chairperson shall preside over the Parish Council in the absence of the Incumbent and whenever else the Incumbent deems fit. If, at any Parish Council meeting, neither the Incumbent nor the deputy Chairperson is present, the Parish Council shall elect one of its members as Chairperson for the meeting. The Chairperson shall have a casting vote in addition to a deliberative vote.
H – 2.5 Co-option to Council: The Parish Council shall have the power to fill casual vacancies and to co-opt members. Co-opted members shall have power to speak but not to vote.
SECTION I IMPLEMENTING AND AMENDING THE RULES
RULE I - 1. AMENDING THE RULES AND PROMULGATION
I – 1.1 Proposing Amendments: Any or all of these Rules may be added to, replaced, or amended at any session of the Synod in the following manner:
1) any confirmed communicant desiring an addition, repeal, or amendment shall give written notice to the Bishop not less than eight weeks before a session of the Synod. Such notice shall be a motion in the form of a measure, shall be proposed and seconded, and shall specifically set out in its proposals the proposed addition, repeal or amendment in express terms, and shall in its principles give the grounds on which such addition, repeal or amendment is desired;
2) a copy of each such notice shall, if accepted by the Synod Advisory Committee, be included in the first agenda book;
3) the person proposing the amendment must ensure that, if he or she is not a member of Synod, a member of Synod will move the motion on his or her behalf.
I – 1.2 New Enactments: All new enactments shall come into force one month after promulgation in terms of Rule C – 1.8.2, unless otherwise provided, and all new acts shall, on coming into force, be deemed to be part of and incorporated in these Rules.
RULE I - 2: INCLUSION OF THE SCHEDULES:
Everything contained in the Schedules shall be deemed to form an integral part of the Rules of the Diocese and shall be accorded the same authority and force as the Rules themselves.
Schedules to the Rules
Schedule A – Diocesan Values
The Diocesan Values are in the course of definition and will be inserted here when approved by Synod
Schedule B - Functions and Responsibilities of the Bishop and the Advisory Committee in relation to Synod
1. The Functions of the Advisory Committee shall be:
(a) to scrutinise all notices of motion and other matters to be submitted to the Synod, and to make such amendments thereto as it may consider necessary or desirable in consultation with the persons by whom the same have been submitted;
(b) to make such preliminary arrangements for the conducting of the business of the Synod as it may deem desirable, including the provisional appointment of secretaries and provisional nominations for positions to be filled by election at the Synod;
(c) to advise the Bishop whether motions and other matters submitted for the consideration of the Synod fall within the province of the Synod, provided however that the Bishop alone shall decide whether or not any matter shall be brought before the Synod;
(d) to arrange the order in which business is to be placed on the Synod agenda, provided that matters referred to the Synod by the Provincial Synod or the Provincial Standing Committee shall be taken first;
(e) to consider such questions of procedure as may be referred to it.
2. The First Agenda Book
The Bishop and Advisory Committee shall ensure that there shall be prepared under the Bishop's direction and issued to each member of the Synod not less than six weeks before the first meeting of the Synod a first agenda book which shall include:
(a) the text of any motion in terms of Rule I - 1 for any addition, amendment or repeal of these rules, together with a statement of the reasons therefor;
(b) if available, the audited accounts of the Diocesan Trustees and the Diocesan Finance Board for the last financial year, together with the report of the auditor thereon;
(c) if available, the report by the Bursar, on behalf of the Diocesan Finance Board, on diocesan finance for the current financial year;
(d) if available, the Diocesan Finance Board's estimates of diocesan revenue and expenditure and the schedule of parish contributions for the forthcoming financial year;
(e) reports, if available, of diocesan organisations;
(f) particulars of any other matters on which the Bishop requires the deliberation of the Synod.
3. The Second Agenda Book
The Bishop and Advisory Committee shall ensure that there shall be, prepared under the direction of the Advisory Committee and issued to all members of the Synod not less than seven days before the first meeting of the Synod, a second agenda book.
The Second Agenda Book shall consist of the following:-
(a) the text of all notices of motion received from members of Synod and approved by the Bishop for submission to the Synod;
(b) the programme of Synod and any administrative instructions which the Advisory Committee wish to draw to the attention of members of Synod;
(c) any reports, estimates or other documents which were not available at the time the First Agenda Book was published;
(d) any other document which the Advisory Committee considers appropriate to publish for the benefit of members of Synod.
No motion which has not been received by the Diocesan Secretary at least three weeks before the first meeting of the Synod shall be included in the Second Agenda Book.
Schedule C - Procedure of the Synod
1. Roll Call
Prior to the commencement of the Service referred to in Rule C – 1.8.1, the Registrar of the Diocese or a deputy to the Registrar shall ascertain from the attendance sheets signed in accordance with paragraph 2 below whether or not at least one-third of the members of the Synod is present, and shall report thereon to the Bishop. If one-third or more of the members of the Synod are present, the Bishop shall declare the Synod duly constituted, and the celebration of the Holy Communion may commence. If however, less than one-third of the members of the Synod shall be present, the Bishop shall refer the matter as soon as conveniently possible to those members of the Management Leadership Team who are present, who shall decide, subject to the Bishop's consent, whether or not the Synod shall proceed, and if so, in what manner. Before the commencement of the business of the Synod any objections to the Roll shall be settled, and the Registrar or the Deputy Registrar shall report to the Synod if any of the parishes are inadequately represented.
2. Attendance Record
Prior to the commencement of each day of a session of the Synod, attendance sheets shall be made available and shall be signed by every member, indicating the capacity in which he or she is present or the parish or organisation which the member represents. From the said attendance sheets the secretaries of the Synod shall mark the roll of the Synod. If any of the parishes are inadequately represented the Registrar shall so report to the Synod.
3. Daily Order of Proceedings
The daily order of proceedings shall follow the Standing Rules of Provincial Synod as far as possible, but may be varied by the Synod where deems necessary.
4. The Chair in the absence of the Bishop
(a) The Bishop shall take the chair at every session of the Synod; provided however that if the Bishop shall be unable to be present the cleric present, who is next in seniority, shall take the chair.
(b) If the Chairperson wishes to propose, second or speak to any motion, he or she may, with the consent of the Synod, appoint another member of the Synod to take the chair during the debate and the vote on that motion.
5. Secretaries
The clergy shall elect a clerical secretary and the lay representatives a lay secretary who shall keep minutes of the proceedings of the Synod, mark the roll of attendance on the second and subsequent days of each session, and discharge such other duties as are required of them by the Synod.
6 Accounts, Reports, Estimates and Parish Contributions
In years in which the Synod is to be assembled the Diocesan Bursar shall submit
(a) the audited accounts of the Diocesan Trustees and the Diocesan Finance Board for the last financial year, together with the report of the auditor thereon;
(b) a report on the said accounts and on diocesan finance for the current financial year, which shall be presented by the Bursar on behalf of the Diocesan Finance Board;
(c) the Diocesan Finance Board's estimates of diocesan revenue and expenditure and a schedule of parish contributions for the forthcoming financial year.
The Synod shall then approve and adopt or otherwise deal with the same, and may make such alterations and amendments to the estimates and contributions as it may deem fit.
7. Duties of the Synod
It shall be the duty of the Synod:
(a) to appoint an auditor for the forthcoming financial year: provided that in years in which the Synod is not assembled, or, if assembled, does not consider the accounts for the preceding financial year, the appointment of the auditor shall be made by the Diocesan Trustees;
(b) to receive, consider and deal with a report by the Diocesan Secretary setting out the action taken concerning resolutions passed at the previous Synod;
(c) to receive a schedule of all duly constituted parishes;
(d) to consider reports which shall be prepared by all diocesan organisations entitled to representation at Synod.
8. Houses of Synod
The Synod shall consist of three houses, laity, clergy, and the Bishop (with whom shall be included any bishop suffragan), who shall sit, debate and vote together, but at any time a vote by houses maybe demanded by any member, and then the votes of each house, shall be taken separately in the sequence of laity, clergy, and the Bishop (with any bishop suffragan).
9. Separate Deliberations
If at any time the clergy or the laity decide by a majority vote of either of their houses to deliberate apart, the sitting of the Synod shall be suspended during such deliberations, which shall take place in separate chambers with persons elected by the respective houses to chair their meetings.
10. Quorum
The quorum for the transaction of business shall be at least one third of the members of Synod.
11. Rights of Diocesan Officers
(a) Diocesan officers shall have the rights of representatives, and may introduce motions and amendments provided that no diocesan officer shall be entitled to vote unless he or she shall be also the representative of any parish, council, organisation or body elected in terms of rule C – 1.4.1 or the alternate of any such representative elected in terms of rule C – 1.4.3 and acting as that representative;
(b) The Diocesan Secretary shall attend all meetings of the Synod, may speak thereat but shall not have the right to vote.
12. Lay Officials The Bishop may invite lay officials in diocesan departments and licensed lay workers or representatives of bodies of such workers, to attend any meeting of the Synod, and such persons shall have the right to speak, but not to vote.
13. Resolutions and Rules
Every issue shall come before the Synod, in the first instance, in the form of a motion duly seconded. No measure shall become a Rule until it shall have been assented to, and thereafter promulgated, by the Bishop.
14. Provincial Synod Representatives
Synod shall, at each session, elect the requisite number of diocesan representatives to any Provincial Synod which may meet between then and the next Synod. The clergy shall elect the clerical representatives, and the laity, the lay representatives, each house voting separately. Alternate representatives may also be elected by the same procedure.
15. Other Elections at Synod
Synod shall, also, at each session elect members to the following bodies by the same procedure as set out in rule 14 above.
(a) Elective Assembly Advisory Committee as provided for in Canon 4.
(b) Provincial Standing Committee as provided for in Canon 43 (a).
(c) Trustees (four) as provided for in Rule C – 5.5.3
Schedule D - Additional Retirement Benefits
1. Retirement Housing:
(a) With effect from 1 January 1991, each stipendiary cleric, or licensed lay worker, shall upon appointment to a parish or diocesan organisation or department, have deposited monthly to a personal account arranged by the Diocesan Finance Board, 7.5 percent of the stipend paid in terms of Rule F – 3.1. This allowance is to be paid in full by the parish or diocese, as is the case, until resignation, retirement, death or discharge.
(b) Should the cleric or licensed layworker purchase a property which would be suitable as retirement accommodation then the cleric or layworker may elect, by advising the Diocesan Secretary in writing, to have this allowance paid to them monthly to assist in financing the cost of purchasing or maintaining the said property.
(c) All monies in the personal account of the cleric or licensed layworker arranged by the Diocesan Finance Board will, upon retirement or resignation, be paid to the cleric or licensed layworker. In the event that a property is purchased under the circumstances referred to in (b) above, the cleric or licensed layworker may request that the Diocesan Secretary pay out the sum in their personal account to help finance the purchase of the property.
(d) Any stipendiary cleric or licensed layworker who accepts payment in terms of the above sub-paragraphs shall have no further claim to be provided with accommodation after retirement; nor, subject to the terms of Rule F – 4.1.3, shall the surviving spouse of the stipendiary cleric or licensed lay worker have any further claim to be provided with accommodation.
(e) Nothing in this paragraph shall restrict the right of any parish or other body within the diocese to offer accommodation to any retired cleric, licensed lay worker or the surviving spouse or dependent of a deceased cleric or licensed lay worker.
2. Post retirement Benefits
(a) In the case of clergy retiring at pensionable age and who have given full time paid service to the Church for a period of not less than sixteen years, of which at least the last four years shall have been in the Diocese of Johannesburg, the Diocesan Finance Board shall each year augment the pension so received to a level to be determined from time to time by the Board; provided that the cleric is not at the same time employed by the Diocese, or elsewhere in the Province, in a paid capacity.
(b) Those clergy qualifying for augmentation in terms of sub-paragraph 2 (a) above shall be entitled to a monthly grant to meet the cost of medical aid premiums, equal to the total contributions for pensioner membership of the Diocesan Scheme, from time to time. In the case of retired clergy not entitled to pensioner membership of the Diocesan Scheme in terms of the latter's rules, the grant will be to the extent such clergy would have benefited had membership been possible. The grant shall continue for the lifetime of the surviving spouse.
3. Removal Expenses
Clerics shall, upon retiring from full time ministry, have their travelling and removal expenses to any place within the Church paid by the Diocesan Finance Board, upon such terms and conditions as it shall from time to time decide. Provided that when a cleric has served in the Diocese for less than five years, such payment shall be made pro rata to the length of service in the Diocese.
4. General Retirement Conditions
(a) A cleric or lay worker licensed by the Bishop shall resign the office held on reaching the "normal retirement age" provided for in Rule F – 6.1. The Bishop shall accept such resignation, and such cleric or lay worker shall be entitled to the benefits under paragraphs 1 and 2 above if he or she qualifies therefore.
(b) A cleric who has reached retirement age in terms of (a) above, and whose resignation has been accepted by the Bishop, may thereafter be appointed temporarily from year to year to any office to which he or she may be deemed suitable and on such conditions as may be laid down by the Bishop, but the provisions of paragraph 1 above no longer apply to such clergy.
Schedule E - Parish Auditors and Verifiers
1. Establishing Parish Accounting Format and Policies
The Diocesan Finance Board, in consultation with the Bursar, shall have the power to establish the format of and accounting policies for parish accounting, in order to facilitate the compilation of the Annual Report of the Diocesan Management Team and the fulfilment of the Diocesan reporting obligations to the Commissioner for Inland Revenue.
2. Duties of Parish Auditors
(a) It shall be the duty of the auditor to audit the annual financial statements of the parish in terms of generally accepted auditing standards. These standards require the auditor to plan and perform the audit to ascertain with reasonable assurance whether, in all material respects, fair presentation is achieved in the financial statements. An audit includes: an evaluation of the appropriateness of the accounting policies; an examination, on a test basis of evidence supporting the amounts and disclosures included in the financial statements; an assessment of the reasonableness of significant estimates; and, a consideration of the appropriateness of the overall financial statement presentation. The auditor shall report to the Annual Vestry Meeting on the results of the audit of the annual financial statements of the parish
(b) If the auditor is unable to make an unqualified report, the facts and circumstances which prevent them from reporting without qualification should be stated.
(d) The auditor shall have right of access at all reasonable times to the books, accounts and vouchers of the parish and shall be entitled to require from the Incumbent and Churchwardens such information and explanations as may be necessary for the performance of their duties. All funds handled by the parish, whether parish funds or funds of activities run through the parish or otherwise howsoever, must be accounted for in the parish accounts. Any loan made in terms of clause 1(b) (iii) of Schedule F shall be reported as a line item on the parish balance sheet. Any discretionary fund must also be brought into account, in globular terms, into the parish accounts, and the discretionary funds themselves must be the subject of an audit, with due regard being had to confidentiality in respect of recipients and the authority granted to the person or persons controlling such funds. Notwithstanding any authority given to such person or persons, discretionary funds remain trust funds, and the person or persons are the fiduciaries in respect of those funds, and bound by the good governance requirements of Rule A - 2.1. The Diocesan Finance Board may lay down rules for the handling and auditing of discretionary funds, from time to time.
3. Change of Auditors
If it is the intention of any parishioner to nominate for the office of auditor any persons other than the auditors currently appointed, notice in writing of such intention shall be given to the Incumbent not later than fourteen days before the Annual Vestry Meeting, and notice in writing of such intention shall be delivered forthwith by the Incumbent to the current auditors, who shall then have the right of attending the Annual Vestry Meeting and addressing it on their own behalf.
4. Independent Verifiers
The Diocesan Finance Board may authorise members of the Anglican church who are experienced in financial matters to act as independent verifiers for any parish, chapelry or other component of the Diocese in place of an auditor. Before making such appointments, the Diocesan Finance Board shall recommend the scope of the verification, the form of the report and the training for any one who wishes to be recognised as an independent verifier. A certificate under the hand of the Bursar or Deputy-Bursar shall be required to authorise an independent verifier to act as such in terms of these rules.
Schedule F - Parish Councils, their obligations and provisions in respect of contributions, accounts and accounting, meetings, secretaries and treasurers, and procedures
1. Powers and Obligations
The Council shall be responsible for the administration of the business affairs of the parish, subject to any resolution passed by the communicants in Vestry, and to these rules; and in particular the Council shall:
(a) elect representatives to the Elective Assembly and Synod;
(b) assist and advise the Churchwardens in the management and control of the revenues of the parish, whether derived from property held in trust for it or otherwise; provided that:
(i) the Parish Council shall not purchase any motor vehicle for use within the parish without the prior consent of the Diocesan Finance Board;
(ii) all money shall be used for the purpose for which it was collected or given and for no other purpose, except where the permission of the Synod has been obtained;
(iii) no income or funds or property of the parish shall be distributed to any member or office bearer except as reasonable compensation for services rendered or as duly authorised loans, in accordance with rules for such loans established from time to time by the Diocesan Finance Board and otherwise in terms of directions from the Council; and no councillor, churchwarden or chapelwarden (and their alternates) shall be entitled to receive any loan unless and until he or she shall first have resigned from such office and the resignation has been published on the parish notice board;
(iv) all building and other capital funds and all money collected for any purpose other than ordinary income and expenditure shall be remitted within three months of receiving the same to the Diocesan Deposit Fund, in whose name such funds shall be held and invested subject to any special trusts and provisions, provincial, diocesan or parochial, connected therewith; provided that all money so raised and collected and not remitted, be at the joint and several personal risk of the churchwardens; but provided further that, in special cases, the terms and conditions of which having first been arranged with, and approved in writing by, the Diocesan Trustees, the said Trustees may permit such monies to be retained or invested by the parish, in which case the Diocesan Trustees shall immediately be advised as to the specific manner of investment, details of which shall be disclosed fully and separately in the annual balance sheet;
(c) provide for and pay such contributions as may be determined in accordance with Rule C – 5.3.1, together with salaries, wages, pensions and allowances of the lay staff of the parish; provided that after the payment of any allowance under Rule F – 4 and municipal rates, fees and charges, the contribution for diocesan funds shall form the first charge on all revenue and properties of the parish. The monthly proportion of the contribution shall be paid to the Diocesan Finance Board before the 15th day of each month;
(d) subject to any trusts relating to the same, cause to be transferred and delivered to the Diocesan Trustees in trust for the parish, all immovable property which may be given to, obtained or held by the parish for the benefit of the church;
(e) before the end of each calendar year, prepare and approve estimates of revenue and expenditure for the next financial year to be presented at the next Annual Vestry Meeting;
(f) in the event of a vacancy in the parish, represent the laity in matters affecting the appointment of an Incumbent unless the Bishop has decided to consult the Vestry;
(g) fill any casual vacancy in the office of auditors or independent verifier by the appointment of qualified auditors or a certified independent verifier who shall hold office until the next Annual Vestry Meeting.
2. Arrear Parish Contributions
In the event of payment of contributions by a parish being in arrear the Bishop may, either in person or through a deputy, meet the Parish Council, and thereafter deal with the matter in the following manner:
(a) if it appears impossible for the parish to pay its contributions, the Bishop shall notify the Diocesan Finance Board to this effect and the Board may grant such relief as it may think fit; or
(b) the Bishop may act under the relevant provisions of the Canons.
3. Financial Records
(a) The Churchwardens, duly assisted by the Parish Council, shall cause true and correct books of account to be kept setting out the sums of money received and expended by them, and of the matters in respect of which such receipt and expenditure take place, and of its assets and liabilities; and from time to time, when required by the Bursar, render true extracts and accounts for his or her inspection;
(b) The following requirements shall be observed:
(i) a receipt shall be issued immediately for all cash received, which is also to be recorded in a cash book without undue delay and deposited with the bank in an account under the name of the Parish Council;
(ii) all payments shall be approved by the Churchwardens and the Incumbent or by the Council before they are made and shall be in accordance with the estimates and needs previously submitted to, and approved by the Vestry. Such payments shall be made by cheque, signed by two authorised officers, and shall be entered in the cash book. Cheques for petty cash expenditure shall be drawn periodically, and a full record kept of how such money is spent;
(iii) appropriate vouchers in support of all expenditure and related payments in the cash book or petty cash book are to be obtained where possible, and filed for the inspection of the auditors;
(iv) the Churchwardens shall submit to each monthly meeting of the Council a full statement of income and expenditure during the preceding month. Each such monthly meeting of the Parish Council shall approve the expenditure for the current month provided that the Parish Council may not approve payments or incur debts for which the necessary funds are not available;
(v) the specific authority of the Bishop shall be obtained before furniture or ornaments for the Church are purchased.
4. Financial Year
The annual accounts of parishes shall be closed on the 31st December of each year.
5. Presentation of Accounts
Before the Churchwardens can jointly vacate their office at the Annual Vestry Meeting, they shall present an audited or independently verified balance sheet and statement of revenue and expenditure containing a summary of the financial transactions of the parish for the year ended 31st December. In the absence of such audited or verified financial statements, the Vestry shall not proceed with the business set out in Rule H – 1.2. In the event of the Churchwardens giving notice of their intention to resign together before the Annual Vestry Meeting, an audited or verified balance sheet and statement of revenue and expenditure made up to the date of the notice of resignation shall be presented to the special meeting of the Vestry called to elect other Churchwardens. Should the Churchwardens fail to present the requisite financial statements, the Incumbent shall as soon as possible report the failure to the Archdeacon, who shall institute an inquiry under the directions of the Diocesan Finance Board. The Churchwardens shall not be relieved of their financial responsibilities until the Bishop has accepted their resignations.
6. Exhibition of Accounts
At least seven days before the day appointed for the Annual Vestry Meeting, the Churchwardens shall cause copies of the audited or verified statement of revenue and expenditure and balance sheet signed by the Incumbent and themselves, and reported on by the auditor or independent verifier, to be affixed to the door or notice board of the church or place of worship, or otherwise effectively brought to the notice of the parishioners.
7. Delivery of Accounts to Diocesan Office
As soon as possible after the adoption of the balance sheet and accounts and annual estimates of revenue and expenditure for the current year at the Annual Vestry Meeting, and not later than ten days after the date on which an Annual Vestry Meeting in terms of rule H - 1.1.1 is held, the Churchwardens shall deliver to the Diocesan Office copies thereof, the former signed as above stipulated, together with a copy of the auditor's or independent verifier's report, to be inspected and preserved by the Diocesan Office.
8. Meetings and Notice
The Parish Council shall meet whenever necessary, and at least once every month, at a time and place to be fixed by the chair. Written notice of each meeting shall be given by post or otherwise to each of the members by the secretary at least forty-eight hours before such meeting, and such notice shall state the place, date, time and briefly the objects of the meeting.
9. Omission of Notice
The accidental omission to give such notice to any of the members shall not invalidate any resolution passed at such meeting.
10. Meeting by Requisition
In case a meeting be not duly called in any month, it shall be competent for any two members of the Parish Council to make a written request to the chair to convene a meeting to be held within fourteen days. If the chair declines or fails to convene a meeting, the members shall report the matter to the Archdeacon.
11. Secretary and Duties
At the first meeting after its election, the Parish Council shall appoint a secretary, who may or may not be a member of the Parish Council, and whose duties shall be to:
(a) give notice of the meetings;
(b) prepare an agenda for each meeting under the direction of the chair;
(c) record the minutes of the proceedings of all meetings of the Parish Council, together with the names of the members present, in a minute book provided for the purpose. The minutes shall be read at the next monthly meeting of the Parish Council, and when approved, signed by the chair as a correct record;
(d) obey the instructions of the Parish Council and of these rules where so directed.
12. Treasurer
On the advice of the Churchwardens, the Parish Council may appoint a treasurer to assist the Churchwardens in the execution of their duties; such appointment, however, shall not relieve the Churchwardens of any of their financial responsibilities. The treasurer may or may not be a member of the Parish Council.
13. Prayers
Every meeting of the Parish Council or its committees shall be opened and closed with prayer.
14. Deliberations Confidential
The deliberations of the Parish Council shall at all times be confidential, and no person other than members shall be present, except by invitation of the chair. Nevertheless, the precepts of transparency and accountability demanded by good governance require that all decisions of council be reported and communicated promptly to the congregation.
15. Quorum
A quorum shall be more than half of the numbers of the Parish Council. No business shall be transacted at any meeting unless a quorum be present. Any meeting of the Parish Council at which a quorum is present shall be competent to exercise all or any of the authorities and powers vested in the Parish Council.
16. Adjournment of Meeting
The chair may, with the consent of the meeting, adjourn the same from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the original meeting.
17. Vacancies
Once the number of vacancies exceeds the number of members remaining, a Special Vestry shall be called for the sole purpose of electing additional members to the Parish Council. Until that point, the remaining members of the Parish Council may act notwithstanding any vacancy in their number.
18. Committees
The Parish Council may appoint committees of such of its members or other persons as it may think fit. Any committee so formed shall conform to any regulations and instructions imposed upon it by the Parish Council and shall report the result of their deliberations as soon as possible to the Parish Council. The chair of the Parish Council shall have the right to be a member of such committees.
19. Validity of Acts
All acts done by any meeting of the Parish Council, or by a committee thereof, shall, notwithstanding that it shall afterwards be discovered that there was some defect in the appointment of a person or persons acting as aforesaid, or that they or any of them were disqualified, be as valid as if every person had been duly appointed and was qualified to be a member. Any resolution taken by the members of the Parish Council or any committee in such circumstances, if signed by the chair of the meeting, shall be prima facie evidence of the matters stated therein.
20. Settlement of Disputes
If any question or disagreement arises between the Incumbent and other members of the Parish Council as to the interpretation of these rules, the same shall be settled by the Bishop.
21. Rules of Order
The rules of order of the Synod shall be as far as possible the rules of order at all Parish Council meetings.
22. Modification of these Rules
It shall be permissible for the Bishop, after consultation with the Archdeacon and Chancellor, to authorise in writing local modification of Rule H - 2 on application being made by the Parish Council concerned; but in no circumstances shall a Parish Council take the matter into its own hands.
23. Duties of Incumbent
In addition to the other duties assigned to him or her under these rules, it shall be the duty of the Incumbent to:
(a) supervise the work of the Parish Council and see that the Canons and these rules are observed;
(b) see that the Churchwardens provide a service register authorised by the Bishop, and that it be properly kept;
(c) see that the Churchwardens send to the Bursar the financial returns required by these rules;
(d) keep a register of the communicants and other parishioners of the parish;
(e) see that the procedure laid down concerning land, building and furniture is carried out;
(f) consult with the Parish Council concerning the times of services and any alterations thereto;
(g) prepare before the end of each calendar year, a statement of the needs of the parish. This shall be considered by the Council and referred to the Annual Vestry Meeting for acceptance or amendment.
Schedule G - Procedures in relation to the Bishop's Court
1. Notice for holding the Court
The Bishop, upon requisition being received or made, shall, by writing under the Bishop’s own hand and seal to be affixed to the door of the church of the parish concerned, appoint a day and time, not less than six weeks nor more than three months from the day of the date thereof for the holding of the Court for the investigation and decision of the matters to be decided.
2. Security for Costs
Upon receipt of any such requisition the Bishop may, in his or her discretion, require the party or parties making the requisition to lodge with the Diocesan Secretary such security for the costs of the required examination and decision as the Bishop shall deem fit, and no further steps shall then be taken in respect to the said requisition until the said security is forthcoming.
3. Appeals
The Bishop's Court is a Court of Record, and an appeal from its decision shall lie to the Metropolitan, provided that written notice of appeal be lodged with the Bishop within one month after the delivery of a judgement against which it is proposed to appeal.
Schedule H - Diocesan Officers and Auditors
The diocesan officers and auditors shall have the talents and duties to the extent set out in this schedule, namely:
1. The Chancellor shall be learned in the law, and shall
(a) be the adviser of the Bishop in all matters of law;
(b) be the Bishop's assessor in all trials;
(c) attend and assist the Bishop in person, in all Synods, Diocesan Tribunals and Consecrations;
(d) hold office at the discretion of the Bishop.
2. The Vice Chancellor shall be learned in the law, and shall
(a) assist the Chancellor in the performance of his or her functions under paragraph 1 of this schedule;
(b) in the absence of the Chancellor, perform all the functions of the Chancellor under these rules;
(c) hold office at the discretion of the Bishop.
3. The Registrar shall be skilled in secular affairs, and shall
(a) conjointly with the Diocesan Secretary, make an annual examination of the terrier of diocesan property and report to the Bishop thereon as soon as possible after the first of January in each year;
(b) attend and assist the Bishop in person, or by a deputy appointed and approved by the Bishop, in all Synods;
(c) hold office at the discretion of the Bishop.
4. The Deputy Registrar shall be skilled in secular affairs and shall
(a) assist the Registrar in the performance of functions under paragraph 3 of this schedule;
(b) in the absence of the Registrar, perform all the functions of the Registrar under these rules;
(c) hold office at the discretion of the Bishop.
5. The Bursar shall be skilled in matters of finance and shall
(a) be adviser to the Bishop in all matters of finance;
(b) ensure that appropriate systems and controls are in place for;
i) the collection, receipt and banking of all moneys payable to the Diocesan Trustees and the Diocesan Finance Board;
ii) the safe keeping of all securities belonging to the Diocesan Trustees and the Diocesan Finance Board;
iii) the financial records of the Diocese;
(c) report to the Bishop and to the Diocesan Finance Board, as required by them, on the financial position and requirements of the diocese; and present to the Synod, after signing the same, the audited accounts of the Diocesan Trustees and of the Diocesan Finance Board for the preceding financial year;
(d) hold office at the discretion of the Bishop.
6. The Deputy Bursar shall be skilled in matters of finance and shall
(a) assist the Bursar in the performance of his or her functions under paragraph 5 of this schedule;
(b) in the absence of the Bursar perform all the functions of the Bursar under these rules;
(c) hold office at the discretion of the Bishop.
7. The Diocesan Secretary shall be skilled in matters of finance and secretarial practice, and shall:
(a) be secretary for the Diocesan Trustees, Diocesan Finance Board and such other diocesan boards and teams as the Bishop may decide;
(b) conduct correspondence on diocesan matters under the direction of the Bishop and the diocesan boards and teams for which he or she is the secretary;
(c) collect, receive and bank all monies payable to the Diocesan Trustees and Diocesan Finance Board and have custody of all securities belonging to those bodies, under the direction of the Bursar;
(d) keep and preserve the financial records of the diocese, under the direction of the Bursar; and sign, conjointly with the Bursar, the audited accounts of the Diocesan Trustees and of the Diocesan Finance Board for presentation to the Synod;
(e) keep the terrier of diocesan and parochial property, and have the custody of all title deeds, leases and other records of diocesan and parochial property, under the direction of the Registrar;
(f) have custody of all parochial and other records sent to him or her for preservation;
(g) keep a register of the clergy of the diocese and prepare a roll of members of the Elective Assembly and the Synod, when required by these rules;
(h) report to each Synod the action taken concerning resolutions passed at the previous Synod;
(i) hold office at the discretion of the Bishop, subject to any contractual arrangements that may be in place regarding this appointment.
8. The Deputy Diocesan Secretary shall be skilled in matters of finance and secretarial practice, and shall
(a) assist the Diocesan Secretary in the performance and the functions under paragraph 7 of this schedule;
(b) in the absence of the Diocesan Secretary, perform all of the functions of the Diocesan Secretary under these rules;
(c) hold office at the discretion of the Bishop, subject to any contractual arrangements that may be in place regarding this appointment.
9. The Auditors of the Diocese shall report to the Bursar and to the Synod on the results of the audit of the annual statements of the Diocesan Trustees and of the Diocesan Finance Board. It shall be the duty of the auditors to audit such statements in terms of generally accepted auditing standards. Such standards shall require the auditors to plan and perform the audit to ascertain with reasonable assurance whether, in all material respects, fair presentation is achieved in the financial statements. The audit shall include an evaluation of the appropriateness of the accounting policies, an examination, on a test basis, of evidence supporting the amounts and disclosures included in the financial statements, an assessment of reasonableness or significant estimates and a consideration of the appropriateness of the overall financial statement presentation.
If the auditors are unable to make an unqualified report, they shall state the facts and circumstances which prevent them from making it without qualification.
The auditors shall have the right of access at all reasonable times to the books of the Diocesan Finance Board and of the Diocesan Trustees, and shall be entitled to require from the diocesan officers such information and explanation as may be necessary for the performance of their duties
Schedule I -Trustees of the Diocese of Johannesburg
1. The liability of the Trustees in respect of each unit of pastoral charge, parish, diocesan school or work of mercy and social service for any claim under any mortgage bond or other instrument of debt or in respect of any other obligation whatsoever whether for capital, interest or costs of any proceedings therefor, shall be discharged out of the property hypothecated or the assets and funds of the unit, parish, diocesan school or work of mercy and social service on whose behalf the debt was incurred. No charge of any description shall fall on the Trustees either personally or otherwise or on their successors in office or on any other property or funds held by them.
2. All immovable properties belonging to the Church, whenever possible, shall be conveyed to the said Trustees.
3. All securities registered and all capital funds and money trusts invested in their name, may be held by them for any ecclesiastical, educational or charitable purpose, provincial, diocesan, or parochial, subject to any special trusts and the provision of the Canons and these rules.
4. In exercising stewardship over the land and buildings of the Diocese of Johannesburg the Trustees shall:
(a) before giving their consent to the purchase of new Diocesan land and buildings, satisfy themselves that it is properly purchased for the ministry of the church;
(b) before giving their consent to the sale of any land, satisfy themselves that the disposal will not adversely affect the ministry of the church, and reach agreement with the component seeking to sell the land as to how the proceeds shall be invested to meet the requirements of Schedule A to Article XIX of the Constitution;
(c) before agreeing to the construction, major alteration to, or demolition of any building erected or to be erected on Diocesan land, satisfy themselves as to the suitability of such actions in the furtherance of the ministry of the church;
(d) ensure that the Title Deeds of Diocesan land are properly recorded and securely stored, as a responsibility of the Diocesan Registrar;
(e) ensure that all buildings on Diocesan land are properly insured;
(f) ensure that all buildings on Diocesan land are properly maintained;
(g) ensure that the procedures laid down in Schedule M are carried out;
(h) oversee the working of its Property Function Team – see Schedule N.
5. Managing Trust Property and Funds All property and funds held by the Trustees on behalf of any parish shall be controlled or disposed of by the Trustees with the consent of the Vestry of such parish, provided always that if there should be disagreement between the Vestry and the Trustees the matter shall be referred to the Management Leadership Team, whose decision shall be final and binding on the Vestry and the Diocesan Trustees; and all property and funds held by the Trustees on behalf of any diocesan school or organisation shall be controlled or disposed of by the Trustees with the consent of the authority of such diocesan school or organisation, provided always that if there should be disagreement between the authority and the Trustees the matter shall be referred to the Management Leadership Team whose decision shall be final and binding on the authority and the Diocesan Trustees.
6. Recording Trusts in Minutes All special trusts, provincial, diocesan or parochial, shall be recorded in the minutes of the Trustees; where no such trusts exist or are declared, all property and funds shall be held and disposed of by the Trustees as they think fit, except when otherwise specially directed by the Constitution and Canons or by the Synod.
7. Use of Trust Property and Funds Whenever property or funds are held upon trust recorded in the minutes, such property and funds and the revenue thereof shall be used only for the purpose of such trust, unless otherwise ordered by the Synod in terms of a resolution, prior notice of which has appeared in an Agenda Book of the Synod, provided that if a difference of opinion shall arise between the Trustees and the Synod as to the use of any fund, the Provincial Trustees shall have the final decision as to the administration of the trust.
Schedule J - Proceedings of Diocesan Trustees
1. Notice of Meetings
Written notice of the place, date and time of each meeting shall be given by the Diocesan Secretary or his or her deputy to each of the Trustees at least forty-eight hours before the time of such meeting.
2. The Chair
The Diocesan Registrar shall be the Chairperson of the board of trustees, but may delegate that responsibility to some other person at his or her discretion.
3. Quorum
Three Trustees shall be a quorum.
4. Validity of Actions
A meeting of the Trustees at which a quorum is present shall be competent to exercise all or any of the authorities, powers and discretions by or under the Constitution, Canons or Rules for the time being vested in, or exercisable by, the Diocesan Trustees generally; and the majority of the members present at such meeting shall have the same powers as if it were the whole body. No resolution shall be invalidated by reason of the accidental omission to send or deliver any notice as is provided for in paragraph 1 of this schedule.
5. Executive Committee of Trustees
An Executive Committee of Trustees, consisting of the Bishop and any two lay officers, may act on behalf of the Trustees in matters of urgency between meetings. Any action so taken shall be ratified by the Trustees at the next meeting of the Trustees.
6. Executive Signatures
For the exercise of any of the powers vested in the Diocesan Trustees, the signature of any Trustee or Trustees authorised thereto by resolution of the Trustees shall be sufficient, and the certificate of any such resolution under the hands of the Bishop and the Diocesan Secretary or of the chair and secretary of the meeting passing such resolution shall be sufficient authentication thereof.
7. Minutes
The Trustees shall cause minutes to be duly written, and entered in books provided for the purpose:
(a) of the names of the members present at each meeting;
(b) of all resolutions and proceedings of each meeting;
(c) of the conditions and trust upon which any property or fund, accepted at that meeting, is held.
Any such minutes of any meeting, if purporting to be signed by the chair of such meeting, or by the chair of the next succeeding meeting, shall be receivable as prima facie evidence of matters stated in such minutes.
8. Inspection of Minutes
The minute book of the Trustees shall be open, at all reasonable times, to the inspection of incumbents and churchwardens in respect of matters concerning their own parochial jurisdiction.
9. Debt
No vestry, parish council, cleric, diocesan or parochial officer, board, nor any other person or body shall be entitled to incur any debt for, or on behalf of, the Church, or in any manner so as to bind the Church, unless acting under power expressly contained in any Article of the Constitution or in any Canon, Act or Rule, or under written authority of the Diocesan Trustees or Diocesan Finance Board.
Schedule K - The establishment and operation of Deposit Funds and Investment Funds by the Johannesburg Diocesan Trustees
The Diocesan Trustees may establish deposit funds or investment funds. Such funds shall be operated and controlled by the Diocesan Finance Board, for the Diocesan Trustees. The rules pertaining to such funds shall be established by the Diocesan Finance Board, and amended by them, subject in each instance to the consent of the Diocesan Trustees.
Schedule L - Parish Contributions and the Diocesan Finance Board (herein called "the Board")
1. The Board shall consult with the Churchwardens and other representatives nominated by each parish in the Diocese, at a meeting or meetings convened annually by the Bursar. The purpose of such meeting or meetings shall be for the Board to lay before the parish representatives the up-to-date financial situation of the Diocese, and the estimated income and expenditure of the Diocese for the following year.
These estimates having been discussed, the Board shall call for contributions from each parish towards meeting the expenditure estimated. If there is a session of Synod in the year then this process must be completed in time for such session.
The contributions shall be divided into two types:
(a) A parish contribution, which shall represent the amount needed to meet the stipends, the Diocesan portion of the pension contributions and such allowances as Synod may approve, of the clergy of that parish. Such contribution shall be paid by debit order on the 15th of each month and each parish shall ensure that sufficient funds are available to meet the debit order.
(b) A parish contribution to the diocese, which shall be an amount volunteered by the parish to contribute to the estimated expenditure of the Diocese for the following year, other than as set out in paragraph (a) above. Such contribution shall be divided into equal monthly amounts, which shall be paid on or before the 15th of each month.
3. If the Board is not satisfied that the contribution volunteered by the parish represents a fair proportion of the income of that parish, it shall delegate representatives of the Board to meet with the Churchwardens and Parish Council of that parish to discuss the matter, and attempt to agree a contribution to the satisfaction of both parties. In the event of failure to reach agreement, the matter shall be referred to the Bishop whose decision shall be final, and subject neither to appeal nor review.
Schedule M - Property, Buildings, Terriers, Insurance and the Construction or Alteration of Buildings
1. New Buildings, Alterations or Extensions and Bishop’s Faculties
Whenever it is proposed to erect a new building or make alterations to an existing building (save in the way of repairs) on any land owned by the Trustees in this Diocese, the cost of which exceeds the amount determined by the Trustees at the beginning of each year, the following procedure shall be adopted:
(a) a plan and detailed specifications shall be prepared by an architect at the expense of the Parish Council, save where otherwise permitted by the Diocesan Trustees;
(b) the plan and specifications together with an estimate of the cost of the proposed building or alteration, and a statement showing how the cost is to be covered, shall be submitted for approval or otherwise by the Incumbent and Churchwardens to a vestry meeting of the parish in which the building is situated;
(c) after the foregoing have been approved by the Vestry, they shall be referred to the chairperson of the Property Function Team to make a report thereon to the Diocesan Trustees;
(d) no major alteration to the approved plan shall be made without the prior consent of the Diocesan Trustees, who may, at their discretion, refer the proposed alterations to the architect and the Council. Minor alterations may be made with the permission of the chairperson of the Property Function Team;
(e) the Diocesan Trustees shall satisfy themselves that adequate accommodation by way of a fireproof safe has been made for the communion plate, valuables and records of the parish.
(f) No restorations (save necessary repairs) shall be undertaken, nor shall painted windows or mural tablets be set up, nor furniture nor any permanent decoration nor ornaments of the church be introduced into any church or place of worship, nor shall they be changed or altered (save in necessary repairs) without the written permission of the Bishop having been obtained, which permission shall take the form of a faculty under the Bishop's seal.
(g) The Bishop may disapprove and order the removal of any work or article which may have been done or placed in any church without authority, and the same shall be removed within three months of such order being given; except that in the event of such work or article having been in the church for a period of seven years without objection by diocesan authority or parishioners, it shall be deemed to have received authority.
2. Acquisition and Disposal of Fixed Property
The acquisition or disposal of fixed property, by whatever means, must be done by the Diocesan Trustees, in terms of Article XVIII of the Constitution, and Canon 42, in order to be valid. No building shall be erected on any land belonging to the Church or which the Church has the right to use, nor shall the nature or use of such land be altered, without the permission of the Diocesan Trustees. Such permission shall be applied for in the manner set out in paragraph 1 of this Schedule.
3. Maintenance and Use of Fixed Property
(a) All churches and other buildings belonging to the Church as well as the fencing and layout of the land shall be kept in good order by the Churchwardens.
(b) Whenever the Bishop is of the opinion that any property, vested in the Diocesan Trustees in trust for any parish, is not being used to the best advantage and in the highest spiritual interest of such parish, the Bishop shall refer the matter to the Diocesan Trustees. In consultation with the Bishop they shall decide as to the best and appropriate use of such property.
4. Terriers
(a). A terrier of all immovable property and an inventory of all movable property belonging to the Diocese shall be compiled as a responsibility of the Diocesan Registrar, but kept by the Diocesan Secretary. The terrier shall be amended by the Diocesan Secretary to reflect acquisitions or disposals.
(b) A terrier of all immovable property and an inventory of all movable property belonging to any parish shall be kept by the Churchwardens thereof, and shall be amended by them to show acquisitions or disposals.
(c) The Churchwardens of any parish shall within one month of their election examine and if necessary, correct the terrier and inventories of all parochial property and shall make a declaration to the Trustees on a form provided to the effect that all church property is intact and in good order or otherwise;
(d) The terriers and inventories of parishes shall be examined and certified by a representative of the Diocesan Trustees from time to time, as called for by the Trustees.
5. Insurance
All buildings and contents thereof belonging to the Church shall be insured in the name of the Diocesan Trustees against loss by fire or burglary and, where deemed necessary, by storm or riot or any other cause. If such properties are diocesan, the premiums shall be paid by the Diocesan Finance Board; and, if parochial, the premiums shall be paid by the Churchwardens from the funds of the parish. If the Churchwardens fail to do this, the Diocesan Finance Board shall do so at the expense of the parish.
6. Procedure in respect of land not owned by the Church
Whenever it is proposed by a Parish Council to erect a new building or make alterations to an existing building, situated on land that is not owned by the Church, the procedure shall be in accordance with paragraph 1 of this Schedule.
Schedule N - Property Function Team
1. Constitution
This Team has delegated authority from, and responsibility to, the Diocesan Trustees. It shall consist of five persons (or such other number as may be determined from time to time by the Diocesan Trustees) skilled in matters relating to land and buildings, nominated by the Diocesan Trustees and appointed by the Bishop. Each member appointed to the Team shall have the right to appoint a person, skilled in matters relating to land and buildings, to function as an alternate in case of that member’s absence, subject, however, to the approval of the Team
2. Functions
The functions of the Team shall be to:
(a) make recommendations to the Diocesan Trustees in connection with the acquisition, disposal, construction, preservation, maintenance, repair, renovation and extension of land and buildings held by the Diocesan Trustees, or in which the Diocese has any interest. In so doing they shall have regard to the views, needs and requirements of any parish, school, organisation or Anglican organisation which may have any interest in such property and to consider the possibilities of ecumenical co-operation;
(b) make recommendations to the Diocesan Trustees and through them to any parish, church, school or diocesan organisation as to the acquisition, development, improvement, maintenance, utilisation or disposal of any land or buildings, whenever the Team considers any such action to be desirable in the interests of the church;
(c) consider and make recommendations in regard to any matter appertaining to land and buildings which may be referred to it by the Diocesan Trustees;
(d) bring to the attention of Parish Councils, church schools and diocesan organisations any matter regarding any land or buildings used or administered by them which may be held by the Diocesan Trustees or in which the Diocesan Trustees may have any interest;
(e) make recommendations to the Diocesan Trustees regarding the appointment of a full-time or part-time property manager, other employees of the diocese or of a professional firm to undertake the management and maintenance of land and buildings held by the Diocesan Trustees or in which the Trustees may have any interest;
(f) make recommendations to the Diocesan Trustees regarding the insurance, letting or hiring, control and administration of land and buildings held by the Diocesan Trustees or in which the Diocesan Trustees may have any interest;
(g) conduct negotiations for the acquisition or disposal of land and buildings when so authorised by the Diocesan Trustees;
(h) make recommendations as to the management, use and investment of any funds of the Diocese that may be raised, borrowed or earmarked for the development of land or buildings.
Schedule O - Registers
1. Records of all baptisms and marriages, admissions to communion, names of communicants, together with the names of parishioners resident within the parish as well as non-resident parishioners, details of church services and congregations, and other matters required by Canon 32, shall be entered by, or on behalf of, the Incumbent in books and forms provided by the Diocese which shall be purchased by the Churchwardens at the expense of the parish.
2. All such records shall when full, or no longer in use, be transferred by the Incumbent to the Diocesan Secretary for preservation, unless the Archdeacon is satisfied that they are safely preserved by the Incumbent and Churchwardens of the parish to which they pertain.
3. The Diocesan Secretary shall keep a record of all confirmations, ordinations, organisations and licences which take place in the Diocese.