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The Importance of a Church Constitution in Zimbabwe

It is important for Zimbabwean churches to have a written constitution. A church constitution generally embodies all the rules governing matters of worship, discipline and governance. There are some instances, where a church can function without a written constitution, based upon a particular code of conduct, patterns or traditions developed over time. see The True Apostolic Mission of the Whole World v Kanoti HCC 25-24. It is important to have a written church constitution in Zimbabwe, as a written constitution makes it easier for members and affiliates to know the church’s rules and regulations, essentially the “Dos and Don’ts” and the reprimands and penalties. Put differently, the constitution of a church is what assists members know the rules governing matters of governance, worship and discipline and the procedures to be followed, for instance where there has been a violation of the constitution. see Yiba & Others v African Gospel Church 1999 (2) SA 949 (C).

The importance of a church constitution was set out in Hahn v Louw N.O. & Another 1951 (2) SA 194 (C) 211-212 where it was held that:

“The Constitution of a voluntary organisation is the charter of the organisation, expressing and regulating the rights and obligations of each member thereof. In relation to that organisation, to the Constitution of which he has subscribed, he is no longer a free and unfettered individual. He is a member bound by his agreement, and to that extent has surrendered his private individuality were it not so, the constitution would not be worth the paper it was written on, and the proceedings and activities of the organisation would be attended by embarrassment and chaos.”