A guest post by David Scrooby on a recent South African case.

In Maree and Others v Moravian Church of South Africa and Another (1091/2020; 15254/2023) [2026] ZAWCHC 383, the applicants sought a finding of contempt of court against the respondents. However, mala fides were not established against the respondents for noncompliance with a previous court order of 21 February 2022, and the applicants were ordered to pay the respondents 50% of the rental collected, as directed by the previous court order. The applicants also applied for review of disciplinary proceedings and a sanction imposed by the Overseers Council. The Court found that the disciplinary proceedings and the imposition of a sanction were not provided for by the Church Order and Ordinance and that the Church had acted beyond its authority. The Church’s decision was therefore set aside.

Both applications were based on the same factual circumstances, and the parties agreed to consolidate the two and they were subsequently heard together. In the contempt application, the applicants sought an order declaring that the respondents were in contempt of the previous court order, that the court impose a fine on the Church, and that the Church must account to the Elim Overseers Council (“the EOC”) for the period February 2022 to the date of the court’s order and pay to the EOC 50% of the rental collected in respect of land rented to government institutions.

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