C36: OF THE TRIBUNALS OF THE CHURCH
Canon: OF THE TRIBUNALS OF THE CHURCH
Chapter: C36 ECCLESIASTICAL TRIBUNALS and THE DISCIPLINE OF MINISTERS OF THE CHURCH
Court for Trial of a Bishop
1. The Metropolitan, the Diocesan Bishops, and the Bishop of Table Bay sitting together shall be the Court for the trial of a Bishop under Canon 38 Proceedings against Bishops. This Court shall comprise a panel of five bishops, including the Metropolitan, excluding any parties to the suit. If the Metropolitan be a party, then the Dean of the Province shall in substitution be included. The Court shall be assisted in a purely advisory capacity by two lay persons learned in the law (being confirmed Communicants of the Church of this Province) appointed by the Metropolitan.
Provincial Tribunal of Appeal
2. The Provincial Tribunal of Appeal for hearing appeals under Canon 41 Of Appeals shall consist of the Metropolitan and two Diocesan Bishops, sitting together. These two Bishops shall be selected by the Metropolitan from a panel of Bishops which the Synod of Bishops shall constitute at their first meeting after each Provincial Synod, and supplement from time to time as may become necessary. The Tribunal shall be assisted in a purely advisory capacity by those persons set out in section 4.
Dean of the Province or Senior Bishop
3. If the Metropolitan be unable to act or be debarred from acting, as a party in the hearing or for any other reason, the Dean of the Province, or if the Dean be unable to act or be debarred from acting, the Diocesan Bishop senior by consecration, shall execute all functions appertaining to the office of the Metropolitan under this Canon and Canons 37 Of Judicial Proceedings to 41 Of Appeals inclusive.
4. The Metropolitan shall appoint three Priests, each being a Dean, Archdeacon, or Canon in this Province, or priest of equivalent or similar standing to the a foregoing, together with two lay persons learned in the law (being confirmed Communicants of the Church of this Province) to assist the Provincial Tribunal in a purely advisory capacity.
The composition of the group of advisors shall include at least two women, and if for any reason there are not two women after fulfilling the a foregoing requirements, then an additional appointment of one or two shall be made of women who are confirmed Communicants of the Church of this Province to meet this requirement.
5. The Diocesan Tribunal shall consist of:
(a) As the President appointed by the Metropolitan, a Bishop currently in office or retired, or a legal officer of the Church, (whether as Chancellor or Registrar or the deputy of either).
(b) two priests of the Diocese of significant standing and experience in the ordained ministry nominated by the Cathedral Chapter or the Bishop’s Senate or where the Bishop believing there are sufficient grounds to so do requests it, the Metropolitan shall appoint two such priests from within the Province;
(c) two lay persons (being confirmed Communicants of the Church of this Province), one of whom shall be a person learned in the law, nominated by the Bishop; and
(d) include at least two women within all the a foregoing categories of persons, but if for any reason there are not two women after fulfilling the requirements of subsections (a) to (c) above, then an additional appointment of one or two women shall be made to meet the requirements of this subsection; and
(e) at the discretion of the Bishop and on the Bishop’s appointment, a priest from outside the Diocese.
Scope of Diocesan Tribunal
6. The Diocesan Tribunal shall be the Court for the trial of priests and deacons under Canon 39 and of such matters as the Bishop of the Diocese may refer to it.
7. If the number of priests licensed in a Diocese be less than six, it shall be sufficient for one priest and one lay person to be nominated as members of the Diocesan Tribunal.
Informal Diocesan Tribunals
Informal Diocesan Tribunal
8. The Bishop, acting in terms of Canon 39 sections 11�19, shall himself with the other person referred to in Canon 39.13(a) constitute the Informal Diocesan Tribunal.
9. The Bishop’s Court shall consist of the Bishop, with the Chancellor
of the Diocese (or if there be none, a lay person, being a
Confirmed Communicant of the Church of this Province, learned
in the law, and approved by the Bishop) to assist in a purely
advisory capacity. At the Bishop’s discretion, the Chancellor may
be appointed to act in place of the Bishop. In that event the Bishop
shall nominate a priest of the Diocese to assist the Chancellor in a
purely advisory capacity.
10. The Bishop’s Court shall be the Court for cases arising under
Canons 15 Of Archdeacons, 17 Of Clergymen Suffering from
Mental Incapacity, 23 Of Pastoral Charges, 29 Of Churchwardens
and Chapel Wardens and 31 Of Disposal and Alterations of
Churches, and matters pertaining to Church property and
temporalities generally, unless the Bishop shall determine that they
should be referred to the Diocesan Tribunal.
Voluntary Association Tribunal
11. By the words Tribunal or Court as used in this and other Canons, is meant a Tribunal of this Church having such jurisdiction as can be claimed by, and may be exercised in, a voluntary association upon the footing of mutual contract or agreement.