Ecclesia De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the Time Being and Another

The applicant, Ms Ecclesia De Lange, was an ordained minister of the Methodist Church of Southern Africa. After publicly announcing her intention to marry her same-sex partner, the Church suspended and later discontinued her as a minister, relying on its internal Laws and Discipline recognising only heterosexual marriages. Ms De Lange challenged her suspension and discontinuation. In terms of the Church’s Laws and Discipline, disputes between ministers and the Church had to be resolved through binding arbitration. An arbitration agreement was eventually concluded, signed by the Church and by the convener on Ms De Lange’s behalf when she refused to sign. Ms De Lange later approached the High Court seeking to set aside the arbitration agreement under section 3(2) of the Arbitration Act 42 of 1965, arguing that arbitration would be futile, unfair, biased, and would infringe her constitutional rights, including equality and freedom from discrimination on the ground of sexual orientation. The High Court and Supreme Court of Appeal refused to set aside the arbitration agreement. Ms De Lange then sought leave to appeal to the Constitutional Court.

Leave to appeal was refused; the application by Freedom of Religion South Africa to be admitted as amicus curiae was refused; no order as to costs was made.

The case is significant for affirming the enforceability of arbitration agreements within religious institutions and the reluctance of courts to intervene prematurely in internal church disciplinary processes. It reinforces the principle of constitutional subsidiarity, confirming that equality and unfair discrimination claims must ordinarily be pursued under PEPUDA in the Equality Court. The judgment also underscores procedural discipline in constitutional litigation, particularly the consequences of disavowing claims and failing to comply with Rule 16A.