Deutsche Evangelische Kirche zu Pretoria v Hoepner [1911] ZATPD 40 (10 April 1911)

Church - Powers of Council when Numbers Reduced - Power to Co-opt - lnterpretation - Argument of Inconvenience

In the absence of anything to the contrary in the governing innstrument, bodies, such as Church Councils, are competent to act, notwithstanding that their membership has fallen below the prescribed number.

When a document is fairly open to two constructions, the argument of inconvenience is a strong one.

The Constitution of a certain church provided that "the Church Council, elected by the congregation, shall consist of the pastor, as the permanent chairman, and of at least four and not more than seven wardens as members for the time being ... In the event of a vacancy occurring, ... the Church Council shall ... elect a warden as a substitute," to act during the unexpired period of the late member. The Consfitution further provided that the meetings of the congregation should be convened by the Church Council. A Council was elected, thereafter vacancies occurred, and the membership was thereby reduced to three wardens.

Held, that the continuing members were entitled to co-opt members to fill the said vacancies, notwithstanding that the membership of the Council had been reduced below the prescribed minimum.