In a guest post, David Scrooby comments on a recent South African judgment on the employment status of clergy.

A recent judicial review by the Free State High Court, Bloemfontein, South Africa of a decision by the Dutch Reformed Church revived the debate on whether ministers, pastors or priests are employees.

The background

The Free State is a province of South Africa and features in the history of the Anglo-Boer War. The Boers skirmished with the Basotho, led by the legendary Chief Moshoeshoe, who used mountain fortresses and gained protection from the British, Lesotho becoming a colony and is now the independent Mountain Kingdom of Lesotho.  Whilst the DRC Synod includes both the Free State and Lesotho, in the Anglican Church of Southern Africa they are two separate dioceses.

In Melaletsa v Regional Synod Free State and Lesotho of “Die Nederduitse Gereformeerde Kerk in Afrika – Oranje Vrystaat” and Others (6722/2023) [2025] ZAFSHC 32 the applicant, the Revd Mokweetsi Simon Melaletsa, sought judicial review of two decisions: the appointment of a commission of inquiry and the decision by the Regional Synod to release him from service or dissolve his bond with the Thaba Nchu (Black Mountain) congregation. Continue reading →