C4: OF THE ELECTION OF BISHOPS

Canon: OF THE ELECTION OF BISHOPS

Chapter: C4 MINISTERS OF THE CHURCH

Definitions

1.(a) The term �vacancy�, �vacant diocese� or �diocese with a vacancy� shall refer to a diocese where a Bishop has died, or retired, or where a Bishop�s irrevocable notice of resignation has been accepted in terms of Canon 14, Of Resignations of Diocesan Bishops, or of Canon 10 section 16(a) dealing with resignation of Bishops Suffragan, or where a new diocese has been established.

(b) The term �licensed clergy� shall for the purpose of this Canon refer to every cleric who is licensed to any cure or office or ecclesiastical dignity in the diocese, and is entitled under the Rules or Acts of the diocese to attend Diocesan Synod.

(c) For the purpose of this Canon, a Vicar-General shall mean a Dean, or senior priest, or a person so designated by the Metropolitan.

Vacancies

2.(a) On the death of any Diocesan Bishop, the Dean or Senior Priest shall at once notify the Metropolitan in writing of the vacancy.

(b) In the event of the resignation of a diocesan Bishop, when such resignation has been duly accepted, or of such Bishop�s translation, compulsory retirement, or deprivation, the Metropolitan shall at once notify the Dean or Senior Priest in writing.

(c) In the case of a vacancy in the office of a Bishop Suffragan, the provisions of Canon 10 section 4 shall apply.

Persons eligible for election

3. A Bishop of this Province may be elected from this Church or from any other Church in full communion with the Church of this Province.

Method of election

4.(a) In a diocese of this Province where there are ten or more licensed clergy, a Bishop shall be elected by an Elective Assembly.

(b)In a diocese of this Province where there are fewer than ten licensed clergy, a Bishop shall be elected by the Bishops of this Province, who shall follow the provisions of this Canon as far as possible.

Election of the Metropolitan

5. In the election of the Metropolitan, the provisions of Canon 5 shall apply, and, where relevant, supersede those of this Canon

Election of Bishops suffragan

6. In the election of Bishops Suffragan, the provisions of Canon 10 shall apply, and, where relevant, supersede those of this Canon.

Membership of Elective Assembly

7. Membership of the Elective Assembly shall be:

(a) (i) the Metropolitan or a deputy, who shall be President: should the Metropolitan or the deputy be unable to preside at the Assembly, the senior cleric present by virtue of section 9(a)(i) shall preside;
(ii) Members elected by Provincial Synod to the Advisory Committee in terms of section 9(a)(i) or (ii) with the right to speak but not to vote;
(iii) All Bishops Suffragan commissioned in the diocese with a vacancy, and all Assistant Bishops licensed therein;
(iv) All clergy licensed in the diocese with a vacancy, other than retired clergy who are not licensed to a pastoral charge;
(v) Lay representatives, who are parishioners of a Pastoral Charge (as contemplated in Canon 27.2) in the diocese with a vacancy and who are elected in such manner and according to such Rules as are provided for the election of Lay Representatives to Diocesan Synod of such diocese, and
(vi) Lay persons elected by the Synod of the Diocese to serve on the Advisory Committee, provided that, if any such person be also a Lay Representative in terms of sub-section (v), then that person shall have only one vote.

Summoning of Elective Assembly

8. Upon receiving or giving notice of the vacancy of a see:
(a) The Metropolitan shall issue a mandate to the Bishop of the diocese or, in his absence, to the Vicar-General of the diocese to summon the Elective Assembly to meet.

(b) The Metropolitan shall instruct the Provincial Executive Officer, in consultation with the Provincial Registrar or the Deputy, to oversee the process of the election of a Bishop and assist where necessary or where requested with information, advice and the definition or clarification of terms used in this Canon.

(c) The Bishop or Vicar-General, in consultation with the Metropolitan and the Chairperson of the Advisory Committee, shall determine the date and place at which the Elective Assembly shall meet. It shall not be less than ten weeks nor more than five months from the date of the mandate;

(d) Within ten days, excluding Saturdays, Sundays, and public holidays(1) , after receipt of the mandate from the Metropolitan, the Bishop or Vicar-General shall:
(i) Summon the members of the Elective Assembly in accordance with the provisions of section 8(a) and (c) of this Canon;
(ii) Notify the Chairperson of the Advisory Committee, who shall cause a profile of the diocese to be prepared for presentation at the first meeting of the Advisory Committee.

Membership of Advisory Committee

9. Membership of the Advisory Committee shall consist of Provincial and Diocesan members

Provincial Members

(a) The Provincial members shall be chosen as follows:

(i) At each ordinary session of the Provincial Synod, ten Bishops, ten clergy, and ten confirmed Lay persons of this Province shall be elected by their respective orders. They shall constitute a panel from which the Metropolitan shall choose one Bishop, one cleric and one Lay person to serve on the Advisory Committee in the event of the vacancy of a See, other than the Metropolitical See, and in the event of the vacancy of the Bishop Suffragan.

(ii) In the case of the election of the Metropolitan, two Bishops, two clergy and two Lay persons shall be chosen from the panel by the Dean of the Province or the senior Bishop by virtue of consecration to serve on the Advisory Committee.

(iii) The members of the panel shall remain as such until the next ordinary session of the Provincial Synod, when they shall retire but shall be eligible for re election.

(iv) Licensed clergy and Lay persons who are parishioners of a pastoral charge (as contemplated in Canon 27.2) in the diocese with a vacancy shall be excluded from the panel chosen in terms of this section.

Diocesan members

(b) The Diocesan members shall be chosen as follows:
(i) At each session of every Diocesan Synod, the following shall be elected to serve as members of the Advisory Committee of the diocese, and to hold office until the next session of Diocesan Synod, when they shall retire, but shall be eligible for re-election:
(aa) a Lay Chairperson with a Lay deputy, by all houses sitting as one together (the deputy Chairperson being entitled to attend all meetings of the Advisory Committee with the right to speak, but should the Chairperson be present, not to vote);
(bb) four clergy, who are licensed in the Diocese, with alternates, elected by the House of Clergy,
(cc) four Lay parishioners in the Diocese, being confirmed Communicants of this Province, with alternates, elected by the House of Laity.

(ii) The Vicar-General or, in the election of a Bishop Suffragan, the Bishop of the diocese, who shall be an ex officio member of the Advisory Committee.

(iii) The Bishop Suffragan (if there be one, and if there be more than one, they shall choose one of their number) shall be an ex-officio member of the Advisory Committee.

(iv) In the event of the Lay Chairperson of the Advisory Committee being unable to act prior to the first meeting of the Advisory Committee, the deputy Chairperson shall act as chairperson. Should the Chairperson be unable to act during or after the first meeting, the Advisory Committee may either call on the deputy Chairperson to act as Chairperson or may elect a Chairperson from among its lay members.

Summoning the Advisory Committee

10.(a) The Metropolitan shall personally, or through the Provincial Executive Officer, as the Metropolitan may decide, notify all eligible members of the panel elected in terms of section 9(a) of this Canon when the Elective Assembly will meet. The Metropolitan or the Provincial Executive Officer (as the case may be) shall request them to inform the office of the Metropolitan within ten (10) days whether or not they will be available to serve on the Advisory Committee, if called upon to do so by the Chairperson of the Advisory Committee of the diocese with a vacancy.

(b) On receipt of this information the Metropolitan or the Provincial Executive Officer, as the case may be, shall inform the Chairperson of the Advisory Committee of the names of the members of the panel so chosen who should be called upon to serve on the Advisory Committee in addition to those members of the diocese elected in terms of section 9(b)(i) of this Canon. The Provincial Executive Officer shall, with the Chairperson of the Advisory Committee, draw up a profile of the diocese for approval by the Committee at its first meeting, and thereafter for distribution to the candidates, their proposers and members of the Elective Assembly.

Functions of Advisory Committee

11. (a)The Chairperson, on receiving notification from the Bishop or Vicar-General in terms of section 8d(ii), shall:
(i) write to every pastoral charge of the diocese with a vacancy, inviting clergy or confirmed communicants of that diocese to submit names of candidates , within forty (40) days, to fill the vacancy;

(ii) invite candidates to identify the member of the Elective Assembly whom they would prefer to propose their candidature;

(iii) instruct the nominator of each candidate to provide in writing:
(aa) the consent of the candidate;
(bb) the names of two other persons who support the nomination and who have been requested to provide supporting motivation for the said nomination;
(cc) motivation for the nomination of the candidate, and a personal profile of the candidate;

(iv) summon the Advisory Committee, consisting of both Diocesan and Provincial representatives, to meet within ten (10) days after the deadline for the submission of the nominations;

(v) write to all candidates, providing a profile of the diocese and asking for:
� a curriculum vitae;
� a recent medical certificate, and
� referees and addresses.

(vi) invite any member of the Advisory Committee to submit, not later than twenty (20) days before the day Elective Assembly convenes, one or more names of candidates in terms of subsection 11(a)(iii)(aa) and (cc);

(vii) at the first meeting of the Advisory Committee, report on the names submitted;

(viii) ask for the recusal of any member of the Advisory Committee who has been nominated, and request the alternate of the member to take such member�s place, and

(ix) ask for the recusal of any member of the Advisory Committee who intends to propose a candidate at the Elective Assembly.

First meeting of Advisory Committee

(b) At its first meeting, the Advisory Committee:

(i) may obtain confidential testimonials from independent referees as well as those suggested by candidates, provided that, should serious adverse information be received in this way from an independent referee, such information shall not be incorporated in a report on the candidate unless the candidate has been afforded an opportunity to reply thereto, after the independent referee has consented to such disclosure (whether on an anonymous basis or not),
(ii) shall inform the Metropolitan and the diocese of the names of the candidates.

Final meeting of Advisory Committee

(c) At its final meeting, which shall take place not later than the day before the Elective Assembly, the Advisory Committee shall:
(i) finalise reports on all the candidates;
(ii) invite persons who are to propose candidates at Elective Assembly to attend a meeting for briefing,
(iii) submit a list of all candidates together with reports to the President of the Elective Assembly.

Interim meetings

(d) The diocesan members of the Advisory Committee may hold additional interim meetings between its first and final meetings for practical purposes.

Celebration of Holy Eucharist

12.(a) On the day appointed and on each succeeding day on which the Assembly meets, Holy Communion shall be celebrated before the Assembly proceeds to business.
(b) The Registrar of the diocese, or a deputy appointed by the President, shall be in attendance at the meeting and shall not vote.

Procedure at Elective Assembly

(c) The President shall cause the roll to be determined by the diocesan Registrar or the deputy. The President shall call on the Registrar or deputy to certify that only those persons eligible to attend are present and that no person eligible has been excluded. Any informalities, and objections to the attendance of a member, shall be considered and determined by the Assembly. The President shall then ask the Registrar or deputy to declare that a quorum is present; this done, the President shall constitute the Assembly.

(d) A quorum shall be not less than one half of the total number of the Bishops and the clergy together and one half of the Lay members.

(e) Once the Elective Assembly has been constituted, its proceedings shall be deemed to be confidential.

(f) The Assembly shall then proceed to elect one or more secretaries from its members, and a Proctor who shall appear if necessary in the Court of Confirmation. The Provincial members and the Registrar shall act as scrutineers, provided that if any one of these has proposed a candidate, he or she cannot so act, and a replacement shall be chosen by the President with the consent of the Assembly.

(g) The Assembly shall determine its times of meeting.

(h) The President shall address the Assembly, setting out the purpose and procedures of the Assembly; refer to the matter in subsection 12(o) of this Canon, and may at any time address the Assembly.

Delegation

(i) The Elective Assembly may at any time delegate the choice of a Bishop to the Bishops of the province, if it so determines, by a two-thirds majority.

Nominations

(j) The President shall furnish the Assembly with a list of the names of all persons considered by the Advisory Committee, after which proposers designated by the Advisory Committee, if available, or any member of the Assembly, may nominate to the vacancy only from the list so furnished, except insofar as is allowed by subsection l2(v). Every nomination shall be seconded by any member of the Elective Assembly.

(k) All candidates so nominated who are present shall withdraw from the Assembly while the debate takes place, but shall be at hand for any consultation that might be deemed necessary. They shall be entitled to vote, and the provisions of subsection 12(p) shall not apply then in respect of such absence.

Procedure after nominations

(l) When nominations have ceased, the nominees shall be considered by the Assembly in alphabetical order.

(m) As each nominee is considered, the President shall call on a Provincial member of the Advisory Committee so designated to give the Committee�s report on the nominee.

(n) The President shall then invite:
(i) members of the Assembly to ask for clarification of any point in the Advisory Committee�s report, and
(ii) the proposer and seconder of the nominee being considered to speak if they so wish and thereafter other members of the Assembly to speak on the nominee.

(o) The President shall have control of the proceedings of the Assembly and may interrupt a speaker should the speaker make statements of a derogatory or defamatory nature and may call for a retraction of such statement or terminate a speaker�s address to the Assembly or otherwise make such Rules or give such directions in regard to the conduct of the Assembly as seem appropriate to the President in the President�s sole and absolute discretion.

(p) No member who has been absent from the Session or Sessions of the Elective Assembly or any portion thereof during which the reports of the Advisory Committee were presented or when the nominees were discussed shall be eligible to attend a subsequent session of the Assembly except for good cause shown, in the discretion of the President. The failure of a member to attend the Elective Assembly shall not preclude the Assembly from proceeding to election so long as a quorum is present.

Method of voting

(q) When discussion has ceased, the members shall record their votes. The voting shall be by secret ballot and the President shall have a deliberative vote only. The members shall record their votes by writing on their voting paper either the name of the person for whom they vote or, if they desire to vote for none of the nominees, to write the word �none� or make a cross on the voting paper.

Inconclusive voting

(r) No nominee shall be deemed to be elected unless that person shall have received not less than two thirds of the total number of votes of the Bishops and clergy present and voting together, and two thirds of the votes of the House of Laity, voting at the same time.

(s) If, after the first ballot, no nominee has received the necessary majority, successive votes shall be taken in like manner. After the result of any of the first four ballots is announced and no election has been made, the Assembly may, on the proposal of any member, which is duly seconded, resolve by a simple majority to reopen discussion on the nominees.

(t) If after five ballots no election has been made, the nominee with the least votes shall withdraw. This procedure shall be followed at each succeeding ballot up to the seventh ballot, or until only two nominees are left, or until a Bishop is elected at an earlier ballot.

(u) If after seven ballots no election has been made, the Assembly shall adjourn for a period determined upon by a simple majority of members.

Fresh nominations

(v) Upon the Assembly reconvening, and unless a delegation is made under subsection 12(i), the President shall call for fresh nominations. All those whose names were furnished to the Assembly by the President in terms of subsection l2(j) shall then be eligible for nomination. If the Elective Assembly so determines, it may consider names that have not previously been submitted to the Advisory Committee.

Election of alternates

(w) If within three (3) consecutive days no election is made, or if a quorum cannot be found within such a period, then the Advisory Committee shall meet and forward to the Metropolitan the names of at least two persons considered by the committee to be suitable for appointment as Bishop. The Synod of Bishops of the Province may then choose from the names so submitted, or from any others, a Bishop for the vacant see. If, within twenty-eight (28) days or such longer period as the Metropolitan may allow, none of those so chosen has accepted, or if no election is confirmed, the Elective Assembly shall be reconvened.

Declaration of election

(x) When an election is made, the declaration of such act shall be signed in duplicate by the President and one of these declarations shall be transmitted to the provincial archives and the other kept in the Registry of the Diocese.

(y) When a nominee shall have received the requisite majority, but refuses to accept office, balloting shall continue.

(z) If the election is not confirmed in accordance with provisions of Canon 7 Of Confirmation of Bishops, a fresh Elective Assembly shall be convened.

Procedures not provided for

13. In all matters not specifically provided for in this Canon, the procedure to be followed shall be determined by the President, who shall be guided by the Model Rules for an Elective Assembly made from time to time by the Provincial Synod, and by the Acts of the diocese, failing these, by the President, subject to any direction which may be given by the Assembly; but no direction by the Assembly shall invalidate any action previously taken upon a ruling given by the President.