CONSTITUTION RELATING TO THE ADMINISTRATION AND

ESTABLISHMENT OF THE ST NICHOLAS CHURCH TRUST

AND THE FUNCTIONS OF THE CHURCH COUNCIL

(AS AMENDED AS PER ADDENDUM)

 

 

PREAMBLE

 

 

WHEREAS   The Diocese of Grahamstown of the Church of the Province of South Africa and the Conference of the Methodist Church of Southern Africa and the Presbytery of King William’s Town of the Presbyterian Church of Southern Africa have decided to establish a united congregation within the area defined below and within the concept of the Declaration of Intention referred to in Appendix A of this Constitution.

 

AND WHEREAS   It will be necessary to purchase, take on lease, or otherwise acquire fixed property or dispose of or alienate the same within the said Area, and to do all other things necessary to make the work of the united congregation effective.

 

AND WHEREAS   The said parties have agreed to form and constitute a Trust for the purpose of acquiring such property, erecting a building or buildings thereon if necessary, equipping such buildings and thereafter administering the property and doing all other things necessary for the purpose aforesaid.

 

AND WHEREAS   The members of the congregations forming the united congregation and the members of the Trust confess the Christian Faith as understood and interpreted by the co-operating Churches.

 

NOW THEREFORE the Diocese of Grahamstown of the Church of the Province of South Africa and the Conference of the Methodist Church of Southern Africa and the Presbytery of King William’s Town of the Presbyterian Church of Southern Africa, do hereby create and constitute a Trust to be known as the ST. NICHOLAS CHURCH TRUST upon the terms and conditions hereinafter set forth.

 

 

ARTICLE I : DEFINITIONS

 

In this Constitution unless inconsistent with the context the following terms shall bear the following meanings:

 

  1. ‘ANGLICAN’ shall mean a person accepted in terms of the Constitution and Canons of the Church of the Province of South Africa as a member of such Church and when used adjectively shall bear a corresponding meaning.

 

  1. ‘METHODIST’ shall mean a person who is accepted as a member of the Methodist Church of Southern Africa in terms of its Constitution, and when used adjectively shall bear a corresponding meaning.

 

  1. ‘PRESBYTERIAN’ shall mean a person who is accepted as a member of the Presbyterian Church of Southern Africa in terms of its Constitution, and when used adjectively shall bear a corresponding meaning.

 

  1. ‘BISHOP’ shall mean the Bishop of the Diocese of Grahamstown of the Church of the Province of South Africa.

 

  1. ‘DIOCESAN TRUSTEES’ shall mean the Diocesan Trustees of the Diocese of Grahamstown of the Church of the Province of South Africa.

 

  1. ‘DIOCESE’ shall mean the Diocese of Grahamstown of the Church of the Province of South Africa.

 

  1. ‘SYNOD’ shall mean in relation to the Church of the Province of South Africa, the Synod of the Diocese of Grahamstown, but shall include, insofar as the Provincial Synod of such Church may legislate on any matter bearing on this Constitution the Provincial Synod of such Church, and shall also include the Diocesan Council of the Diocese and any other body lawfully exercising the powers of the Synod.

 

  1. ‘THE CONFERENCE’ shall mean the Annual Conference of the Methodist Church of Southern Africa, and shall include the Queenstown District Synod of such Church when acting under authority delegated to it by such Conference.

 

  1. ‘PRESIDENT’ shall mean the President of the Conference of the Methodist Church of Southern Africa, duly elected in terms of the Constitution of that body.

 

  1. ‘CHAIRMAN OF THE DISTRICT’ shall mean the Chairman of the Queenstown District of the Methodist Church of Southern Africa.

 

  1. ‘DISTRICT TRUST PROPERTIES COMMITTEE’ shall mean the District Trust Properties Committee of the Methodist Church of Southern Africa Queenstown District.

 

  1. ‘SUPERINTENDENT’ shall mean the Superintendent Minister of any Circuit of the Methodist Church of Southern Africa within the geographical boundaries of which the property in question shall be situated.

 

  1. ‘GENERAL ASSEMBLY’ shall mean the General Assembly of the Presbyterian Church of Southern Africa, and shall include the King William’s Town Presbytery or the Executive Commission of the General Assembly of such Church when acting under authority delegated to it by such Assembly.

 

  1. ‘FINANCE COMMITTEE’ shall mean the Finance Committee of the General Assembly of the Presbyterian Church of Southern Africa.

 

  1. ‘PRESBYTERY’ shall mean the King William’s Town Presbytery of the Presbyterian Church of Southern Africa.

 

  1. ‘CHURCH COUNCIL’ shall mean that body appointed annually by the members of the St Nicholas Church to govern the local domestic conduct of the Church in accordance with the generally accepted Christian beliefs, customs and usages of the Anglican, Methodist and Presbyterian Churches.

 

 

ARTICLE II : OBJECTS

 

The Trust is established for the following purposes:

 

  1. The promotion of Christian unity in the establishment of a united congregation of the Anglican, Methodist and Presbyterian communities of Beacon Bay within the concept of the Declaration of Intention adopted by the Supreme Courts of the Church of the Province of South Africa, the

United Congregational Church of Southern Africa, the Methodist Church of Southern Africa, the Presbyterian Church of Southern Africa, the Bantu Presbyterian Church and the Tsonga Presbyterian Church, adopted by the Supreme Courts of the aforesaid Churches between 1971 and 1974 and ratified by Services of Commitment to the Search for Union held throughout South Africa on 24th November 1974, a copy of which is annexed hereunto as Appendix A.

 

  1. i. The acquisition of fixed property by purchase, lease or otherwise within the Municipality of Beacon Bay, and if necessary disposal or alienation of same, which property shall be used as a place of Assembly for Public Worship or other purposes as approved by the Church Council of St Nicholas Church.

 

  1. Erecting buildings on such property and making additions and alterations to such buildings where necessary, equipping same and generally making the property suitable for use as aforesaid.

 

iii. Administering such property in terms of the provisions of this Constitution.

 

  1. The raising of such loans of money to implement these objects as is necessary from time to time and to furnish security for any such loan.

 

 

ARTICLE III : MANAGEMENT AND ADMINISTRATION BY TRUSTEES

 

The Trust shall be managed and administered by a Board of Trustees. The Trustees may sue and be sued in the name of ‘The Trustees of the St         Nicholas Church Trust’ and service of process upon any of them shall be accepted as service on all of them.

 

 

ARTICLE IV : POWERS OF THE TRUSTEES

 

To give effect to the objects and purposes aforesaid the Trustees shall have the following powers and authorities subject to the written consent of the Diocesan Trustees and the District Trust Properties Committee and the Finance Committee:

 

  1. To borrow moneys with or without security, and if deemed desirable, to secure the repayment thereof in such manner as the Trustees may think fit and guaranteeing or securing the acts of and payments due by any body or person whom the Trust shall appoint.

 

  1. To purchase, lease, exchange, accept donations of or otherwise acquire, sell, let, mortgage, pledge, donate, or otherwise dispose of, improve, maintain, develop, turn to account or otherwise deal with immovable and movable property of all kinds or any rights of interest therein or thereon or any other assets of any kind corporeal or incorporeal.

 

  1. To erect, construct, reconstruct, alter, demolish, renovate, repair and maintain buildings or additions thereto or alterations of existing buildings, grounds, lawns, and other constructions and facilities, and provide and maintain such other religious, educational, cultural and social amenities as may be necessary or desirable for the furtherance of the objects of the Trust and of the Anglican, Methodist and Presbyterian Churches.

 

  1. To provide or arrange the provision of the necessary staff for the maintenance and upkeep of any buildings situated upon the property acquired by the Trust, and to pay or arrange the payment of their salaries or other emoluments due to them.

 

  1. To institute, defend, bring, carry on, compromise, discontinue or refer to arbitration any proceedings, actions, suits, claims, demands, applications or appeals in the name of the Trust, for or against the Trust or in relation to any matter affecting the interests of the Trust.

 

  1. To instruct the Church Council to insure any or all of the Trust’s undertakings, property or assets, against risk of loss by fire, burglary, riot or any other loss including liability to the public.

 

  1. To operate, open and carry on any Banking or Savings account or other investment account with full power to change or call up any investment from time to time.

 

  1. To do all such other things for the attainment and furtherance of any of its objects or for the benefit of the Anglican, Methodist and Presbyterian Churches and those associated therewith, and generally to do all such other things which may be incidental, ancillary or

conductive to the attainment and furtherance of any of its objects.

 

 

ARTICLE V : APPOINTMENT OF TRUSTEES AND EXEMPTION

FROM THE NECESSITY TO PROVIDE SECURITY

 

  1. The Trustees shall consist of two representatives of each of:

 

  1. the Church of the Province of South Africa (CPSA);
  2. the Methodist Church of Southern Africa (MCSA);

iii.the Presbyterian Church of Southern Africa (PCSA)

 

  1. The two representatives of the CPSA shall be one clerical and one lay representative who shall be appointed by the Bishop with the agreement of the Diocesan Council and the Diocesan Trust Board and shall hold office for such time and under such conditions as the Bishop with the agreement of the Diocesan Council and the Diocesan Trust Board may determine from time to time, provided that:

 

  1. The Bishop, with the agreement of the Diocesan Council and the Diocesan Trust Board, shall be entitled to appoint alternates to act in the absence of such representatives.

 

  1. No person shall be appointed as a representative or alternate representative of the CPSA unless he/she be a communicant of such Church.

 

  1. The two representatives of the MCSA shall be one clerical and one lay representative appointed annually by the President or the Chairman of the District when duly deputed thereto by the President, upon nomination by the Superintendent provided that:

 

  1. the President shall be entitled to appoint alternates to act in the absence of such representatives.

 

  1. No person shall be appointed as a representative or alternate representative of the Methodist Church unless he/she be a communicant of such Church.

 

  1. The two representatives of the PCSA shall be one clerical and one lay representative appointed by the Presbytery who shall hold office for such time and under such conditions as the Presbytery may from time to time appoint, provided that:

 

  1. the Presbytery shall be entitled to appoint alternates to act in the absence of such representatives.

 

  1. No person shall be appointed as a representative or alternate representative of the PCSA unless he/she be a communicant of such Church within its local Presbytery.

 

  1. Clerical and lay representatives appointed to serve as trustees in terms of this Article will be exempt from any requirement to provide security in consequence of having been so appointed.

 

 

ARTICLE VI  : CHAIRMAN

 

The Trustees shall elect from their own members a Chairman and Vice-Chairman.  The Chairman and Vice-Chairman shall hold office for one year and shall not be eligible for immediate re-election.  Election to the office of Chairman and Vice- Chairman shall normally be on a basis of rotation between the participating Churches.

 

 

ARTICLE VII : SECRETARY

 

The Trustees shall appoint a Secretary either from among their members or otherwise and shall define the nature and scope of the duties of such secretary.

 

 

ARTICLE VIII : CONDUCT OF BUSINESS

 

The Trustees may lay down such general rules or regulations for the conduct of the business of the Trust as they may from time to time see fit and may add to, or alter, or repeal any such rules or regulations, provided such rules or regulations are not in conflict with the usages of the co-operating Churches.

 

 

ARTICLE IX : DISQUALIFICATION OF A TRUSTEE

 

A Trustee shall cease to hold office if:

 

  1. He dies.
  2. He becomes lunatic or of unsound mind.
  3. He resigns from his office by notice in writing to the Trustees.
  4. He ceases to be a member of the Church by which he was appointed or his appointment as a Trustee is terminated by the body/officer by whom he was appointed.
  5. He absents himself from three consecutive meetings of the Trustees without valid and sufficient reason.
  6. His estate is sequestrated under any law relating to insolvency.
  7. He is placed under discipline in terms of the Constitution of the Denomination to which he belongs.

 

 

ARTICLE X : FILLING OF A VACANCY

 

Any vacancy in the office of Trustee shall be filled in the same manner as such Trustee was appointed.

 

 

ARTICLE XI : PROCEEDINGS OF TRUSTEES

 

  1. Subject to the provisions of this Constitution, the Trustees may meet for the dispatch of business, adjourn or otherwise conduct their proceedings in such manner as they may determine. Questions arising at any meeting shall be decided and all functions, duties and powers vested in the Trustees shall be exercised by resolution passed by at least three-quarters of the votes of those present at a duly constituted meeting. The Chairman presiding at the meeting shall not have a casting vote but only a deliberate vote.  Unless at least three-quarters of the   votes of those present are in favour the resolution shall be deemed to be rejected.

 

  1. The quorum necessary for the transaction of the business of the Trustees shall be a majority of members, provided each participating Church is represented. If, after an interval of two weeks a quorum has not been obtained and it does not appear likely that a quorum can be obtained within a reasonable time, the members present at a meeting of which due notice shall have been given shall form a quorum.

 

  1. Notwithstanding any vacancy among the Trustees, the remaining members may continue to act, provided that there be a quorum necessary for the transaction of the business as hereinbefore set out.

 

  1. The Trustees shall keep minutes of their proceedings and such minutes having been read and approved shall be signed by the Chairman and shall constitute the official record of such proceedings.

 

 

ARTICLE XII : MEETINGS OF THE TRUSTEES

 

  1. The Chairman shall be entitled to convene a meeting of the Trustees at any time. A meeting shall also be convened on the requisition of any two Trustees. The Trustees shall cause a meeting of the Trustees to be held within thirty days after the date of the annual Meeting of the Congregation for the purpose of examining the Audited Annual Financial Statement.  Save as aforesaid, meetings shall be held from time to time as the Trustees may determine.

 

  1. At least fourteen days notice in writing shall be given of each meeting of the Trustees, with which shall be submitted the Agenda and also (after the first meeting) the Minutes of the last Ordinary Meeting and of any Special Meeting which may have been held since the last Ordinary Meeting unless the Minutes of such last Ordinary Meeting or such Special Meeting shall have been distributed already, provided that:

 

  1. With the concurrence of a quorum for a meeting of the Trustees, the Trustees may condone any lesser period of notice or may waive the giving of notice in respect of any Meeting.

 

  1. The Chairman presiding at any meeting may authorise the discussion of any matter not included in the formal agenda for such meeting.

 

  1. Notice of every meeting shall be given by the Secretary to each Trustee. The address to which such notice may be delivered or sent by post shall be furnished by each Trustee to the Secretary and any notice so given shall be deemed to have been served (48) forty-eight hours after it was posted or as the case may be at the time it was delivered.

 

 

ARTICLE XIII : REGISTRATION OF IMMOVABLE PROPERTY

 

All immovable property of the Trust and any registrable rights of the Trust or interests of the Trust in Immovable property and all other registrable deeds or documents to which the Trust is party shall be registered in the name of “The Trustees of the St Nicholas Church Trust”.

 

 

 

ARTICLE XIV : INDEMNITY FOR TRUSTEES AND AGENTS

 

  1. No Trustee nor any agent of the Trustees shall in any way be liable for loss or damage which may be suffered by the Trust through any act of omission or commission of himself or any other Trustee or agent in the execution of the functions, duties or powers of the Trustees or their agents or of the Trust under this Constitution or in relation thereto, unless the same happens through his own fraud or dishonesty or wilful negligence.

 

  1. The Trustees shall have authority to insure against loss due to any acts of omission or commission by any Trustee or any agent of the Trustees or of any official or employee of St Nicholas Church or any member of the Church Council or any committee or Commission appointed by the Church Council. Such insurance shall be arranged by the Church Council if so directed by the Trustees.

 

 

ARTICLE XV : APPLICATION OF PROPERTY, INCOME AND MONEYS

 

The income, property, moneys and other assets of the Trust, whencesoever derived, shall be applied solely towards the promotion of the objects of the Trust as set forth in this Constitution and no portion thereof shall be paid or transferred directly or indirectly by way of bonus, dividend or otherwise howsoever by way of profit to the Trustees or any of them or any agent of the Trustees provided that nothing herein contained shall prevent the payment in good faith of remuneration to any employee of the Trust or the reimbursement of any Trustee or any agent of the Trustees or any employee of the Trust for any expenditure actually incurred by such Trustee, agent or employee in the interests of the Trustees, or in the case of an employee employed by or an agent acting in the service of St Nicholas Church on instructions or authority of the Church Council, with the authority of the Church Council acting for the Trustees.

 

 

ARTICLE XVI : APPOINTMENT OF A CHURCH COUNCIL

 

  1. The Trustees shall require the registered communicant members of the Congregation to elect annually and to maintain in being a Church Council to do such things as may be necessary in pursuance of its responsibility to both the Trustees and the members in respect of the common life of the Congregation.

 

  1. The Congregation shall determine the number of members of the Church Council which shall be three or a multiple thereof.

 

  1. The period of office of a member of the Church Council shall normally be three years, provided that at the first election of members one-third shall be elected for one year, one-third for two years and one-third for the full period. It shall be permissible for the Congregation to resolve that those members who have just completed three years’ service as members of the Church Council shall not be eligible for re-election for a period of one year.

 

  1. The Council may fill any vacancy in its number by co-option until the next Annual General Meeting, when the co-opted member shall retire but is eligible for election.

 

  1. The Church Council is responsible for co-operating with the minister in the oversight of the Congregation and in the administration of its affairs. It reports to the Congregation and is responsible to the Trustees for the discharge of its duties.

 

  1. The Minister-in-charge of the Congregation shall be the Chairman of the Church Council.

 

  1. The Church Council may appoint an executive committee, consisting of at least three persons, of whom the minister-in-charge must be one, with power to act in between meetings of the Church Council.

 

 

ARTICLE XVII : FUNCTIONS OF THE CHURCH COUNCIL

 

Subject to the provisions of Article XVI hereof the functions to be carried out by the Church Council for which the Church Council shall be responsible to the Trustees shall be:

 

  1. To promote the mission of the Church in the local situation and to see that opportunity is given for personal devotion and Christian service.

 

  1. To ensure that public worship is offered regularly; the Word preached and the Sacraments duly administered.

 

  1. To foster in the congregation a concern for witness, Christian Education, ecumenical action, local inter-church relations and services to the community and the wider responsibilities of the whole Church.

 

  1. To be responsible for admission to membership and discipline of members in accordance with the relevant denominational practice. To keep and revise the roll of communicant members and the roll of all other baptised persons, including children not yet in full communion.

 

  1. To be responsible for the institution and oversight of work among children and young people and of all organisations within the congregation.

 

  1. To provide for the maintenance of buildings and other fixed assets of the Trust and to keep them insured against risk or loss by fire and against such other loss or damage as they may deem fit.

 

  1. To be responsible for the raising of funds and all the financial matters and obligations of the congregation and of its organisations, including the payment to the governing bodies of participating churches of such moneys as may be due to them in such proportions as the Trustees may from time to time determine and in conformity with the method of assessment of each denominational body.

 

  1. i. To pay the Minister’s stipend according to the practice of the Church in which he holds his accreditation.

 

  1. To make provision for the necessary staff and to pay or arrange the payment of their salaries and other emoluments due to them.

 

  1. To open, operate, and carry on any Banking or Savings Account or other Investment account.

 

  1. To convene meetings of the Congregation and to prepare the agenda for each such meeting.

 

  1. To prepare and submit an annual report, together with the audited accounts, a budget for the ensuing year and such other reports as may be called for for presentation to the Annual General Meeting and to the Trustees for onward transmission to the appropriate authorities of the Anglican, Methodist, and Presbyterian Churches with the comments of the Trustees.

 

  1. To convene an Annual General Meeting of the congregation to be held not later than 31st March in each year, at which meeting the following business shall, inter alia, be included in the agenda:

 

  1. To adopt the audited Annual Financial Statements of Accounts of the Congregation and a supporting Report prepared by the Church Council, such Statements of Account and Report to cover the period from 1st January to 31 December of the preceding year in each case.

 

  1. To receive a list of the registered communicant members of the Congregation as at 31st December of the preceding year which list shall have been certified by the Chairman of the Church Council as correct and complete to the best of his/her knowledge and belief and in accordance with the information provided to him/her from Church records.

 

iii.To elect the Church Council in terms of Article XVI hereof.

 

  1. To receive and act upon all such matters as may be referred to the Congregation by any competent authority in the participating Churches.

 

  1. To elect representatives to the appropriate Courts and Committees of each of the participating Churches in accordance with their respective requirements.

 

  1. To appoint Auditors, approved by the Trustees, for the accounts of the Congregation for the ensuing year.

 

  1. To appoint and define the authority of such sub-committees as may be necessary to deal with such functions of the Church Council as the said Council may deem fit.

 

 

ARTICLE XVIII : MINISTRY

 

  1. The minister-in-charge shall be a duly ordained minister, in good standing, of one of the participating Churches and shall be appointed according to the polity and practice of the Church in which he is accredited.

 

  1. The minister shall remain under the laws and discipline of the appropriate authority in his own Church.

 

  1. When a ministerial vacancy occurs or an additional ministerial appointment is deemed necessary it shall be reported by the Church Council to the Trustees who shall notify the relevant governing bodies of the participating Churches of the vacancy; whereupon the Trustees shall decide in consultation with the Church Council, which of the participating Churches shall be invited to fill the vacancy. The Church nominated and consenting to fill the vacancy shall thereupon provide the interim oversight of the vacant charge and institute proceedings leading to the call or appointment of a minister in terms of its own procedures.

 

In the event of the Church nominated to fill the vacancy declining or being unable to do so, the Trustees, with the concurrence of the Church Council, may approach any one of the other participating Churches to fill the vacancy.

 

The appointment of a minister shall be on terms as may be agreed upon by all parties concerned in conformity with a. and b. above, namely, the minister invited to fill the vacancy, the Church Council and the Trustees.

 

 

ARTICLE XIX : DISSOLUTION OF THE CONGREGATION

 

The Congregation may be dissolved:

 

  1. i. By the unanimous vote of all the Trustees or their alternates acting in their absence, subject to a quorum being present, at a meeting of which fourteen days’ written notice has been given specifying the purpose of the meeting.

 

  1. By the resolution of the Synod, Conference and General Assembly concerned, provided that such dissolution shall not take effect until six months after written notice has been received by the Trustees unless otherwise agreed by the Synod, Conference and General Assembly as the case may be.

 

  1. The Trustees and/or the Church authorities may only effect the dissolution of the Congregation after a meeting of the Congregation, duly convened for the purpose of acquainting the Congregation with the proposed dissolution, has been held.

 

 

ARTICLE XX : DISPOSAL OF ASSETS ON DISSOLUTION

 

If upon dissolution of the Congregation:

 

  1. One or more of the parties hereto wishes to retain for its own use any property belonging to the Trust, such property shall first be offered for sale to that denomination (wishing to retain the property) that has the greatest number of registered Communicant members of St Nicholas Church within its own membership, at a price to be agreed upon by the Trustees which shall provide for the takeover or redemption of any mortgage bond or other security over the property concerned to the satisfaction of the Bondholder or other creditor concerned.

 

  1. In the event of the denomination to which the property is first offered being unable or unwilling to accept the purchase thereof on the terms offered by the Trustees such property shall then be offered for sale on the same terms to the denomination which has the next greatest number of the registered communicant members of St Nicholas Church within its own membership, and so on until the property has been offered to each denomination or until one of the denominations to which it is offered accepts the offer.

 

  1. If any denomination to which the property is offered in turn accepts the offer the Trustees shall conclude the necessary arrangements with such denomination and shall effect transfer of the property concerned to such denomination, but if none of the parties wishes to take over the property or if agreement as to terms cannot be reached the Trustees shall realise the property and apply the proceeds thereof in the manner provided for in Article XXI hereof.

 

 

ARTICLE XXI : DISTRIBUTION OF EXCESS ASSETS

 

If upon the winding up or the dissolution of the Congregation there remains after satisfaction of all debts and liabilities of whatever sort of the St Nicholas Church Trust any surplus of assets whatsoever the same shall not be paid to or distributed among the Trustees or any of them or any agent or agents of the Trustees or any employee of the Trust, but:

 

  1. Each of the Anglican, Methodist, and Presbyterian Churches shall be entitled as a first charge upon such surplus assets to a repayment equal to the value of any property, moneys or other assets taken over by the Trust from the Diocesan Trustees or the District Trust Properties Committee or the Finance Committee as defined in Article I hereof respectively or from any other body acting for or representative of either the Anglican, Methodist or Presbyterian Churches:

 

  1. provided that the value of such property, moneys or other assets for such repayment purposes shall be determined and agreed upon by the Trustees meeting together and shall be both recorded in the Minutes of the meeting at which such decision is reached and advised in writing to the body from which such property, moneys or other assets as the case may be are taken over by the Trust: and

 

  1. provided further that if such surplus assets are insufficient to enable repayments to be made in full in respect of all such properties, moneys or other assets taken over, then payment shall be made to each of the Anglican, Methodist and Presbyterian Churches in the same proportion as the value of the property, moneys or other assets taken over bears to the total value taken over in such way.

 

  1. After the repayments referred to in a. above have been made in full any balance of the surplus of assets remaining shall be paid over to the Anglican, Methodist and Presbyterian Churches in the proportion that the numbers of Communicant members of each such denomination registered on the Roll of Communicant members of the St Nicholas Church bears to the total number of registered communicant members of St Nicholas Church, provided that nothing in this Article shall prevent the Synod, Conference and General Assembly agreeing to payment being made in such other manner as may be consented to by them.

 

 

ARTICLE XXII : DISSOLUTION OF THE TRUST

 

Upon the dissolution of the Congregation and the disposal of the assets thereof in terms of Articles XX and XXI the Trust shall be dissolved.

 

 

ARTICLE XXIII : AMENDMENT OF THE CONSTITUTION

 

This Constitution may be altered or amended by the Trustees by a Resolution at a meeting of Trustees at which not less than 3/4ths (three-fourths) of the votes of those present are in favour of the alteration or amendment provided that not less than 14 (fourteen) days notice of the date and purpose of the meeting shall have been given to all Trustees in writing and provided further that no alteration or amendment shall be valid or shall be effective until it shall have been approved by the Synod, Conference and the General Assembly and the Trustees have been advised to this effect in writing by each of the Anglican, Methodist and Presbyterian Churches.

 

___________________________________________________________________________

 

 

 

ADDENDUM

 

Original constitution signed on behalf of the Diocese of Grahamstown of the Church of the Province of South Africa on the 13th (thirteenth) day of November 1979 by the Rt. Rev. Kenneth Oram, Bishop of Grahamstown;

 

On behalf of the Methodist Church of Southern Africa at Durban on the 10th (tenth) day of December 1979 by the Rev. Andrew M. Losaba, President of the Conference;

 

On behalf of the Presbytery of King William’s Town of the Presbyterian Church of Southern Africa on the 23rd (twenty-third) day of November 1979 by the Rev. D.E. Murray, Moderator of the Presbytery of King William’s Town.

 

–ooOoo–

 

 

Amended at the 21st meeting of the Board of Trustees at St Nicholas Church, Beacon Bay on 16th April 1988 and duly approved by the Synod, Conference and General Assembly in accordance with Article XXII of the original Constitution.

 

–ooOoo–

 

 

As further amended by addition of new sub-Article Ve at the 31st Meeting of the Board of Trustees at St Nicholas Church, Beacon Bay, on 27th June 1994 and duly approved by the Synod, Conference and General Assembly in accordance with Article XXII of the original Constitution.