Hendricks v The Church of the Province of Southern Africa, Diocese of Free State

The appellant, an Anglican priest licensed in the Diocese of the Free State, was requested by the Bishop to relocate from his parish at St Margaret’s, Bloemfontein, to another parish for pastoral reasons linked to disharmony within the congregation. The appellant repeatedly refused to accept the relocation or to visit alternative parishes unless detailed reasons were furnished. After following the procedure in Canon 25(6), including consultation with the Bishop’s Council, the Bishop revoked the appellant’s licence under Canon 25(7) due to his refusal to accept alternative placement. The appellant appealed internally to the Archbishop, who confirmed the Bishop’s decision. He then sought judicial review in the High Court, which dismissed the application. The appeal before the SCA challenged that dismissal.

The appeal was dismissed with costs.

The case affirms the autonomy of religious bodies in managing their internal affairs, clarifies the non-applicability of PAJA to voluntary associations without a governmental element, and underscores that procedural fairness must be assessed within the framework of an organisation’s own rules. It also confirms that courts will be slow to interfere in ecclesiastical decisions grounded in pastoral discretion.