UNIVERSITY OF KWAZULU-NATAL An analysis of Clerics’ awareness of their “Employment” status with the Anglican Church of Southern Africa By: Nhlanhla Blessing Ntshangase 214580274 Dissertation submitted in partial fulfilment of the requirements of the Degree of Master of Business Administration College of Law and Management Studies Graduate School of Business and Leadership Supervisor: Alec Bozas 2016 DECLARATION I, Nhlanhla Blessing Ntshangase, declare that The research reported in this thesis, except where otherwise indicated, is my original work. This thesis has not been submitted for any degree or examination at any other university. This thesis does not contain other persons’ data, pictures, graphs or other information, unless specifically acknowledged as being sourced from other persons. This thesis does not contain other persons’ writing, unless specifically acknowledged as being sourced from other researchers. Where other written sources have been quoted, then: a) their words have been re‐written but the general information attributed to them has been referenced; b) where their exact words have been used, their writing has been placed inside quotation marks, and referenced. c) Where I have reproduced a publication of which I am author, co‐author or editor, I have indicated in detail which part of the publication was actually written by myself alone and have fully referenced such publications. d) This thesis does not contain text, graphics or tables copied and pasted from the Internet, unless specifically acknowledged, and the source being detailed in the thesis and in the References sections. Signature: _________________________________ Date: __________________ Nhlanhla Blessing Ntshangase ii DEDICATION This research work is dedicated to my beloved son, Mfundephakeme Sibongakonke. There were times in my life when he was the only reason that I lived. iii ACKNOWLEDGEMENTS This research work would have not succeeded without the invaluable contribution and assistance of these people: Mr Alec Bozas, my Supervisor for all the support and guidance from the beginning until the end of this project; Bishop Dino Gabriel of the Anglican Diocese of Natal and Bishop Monument Makhanya of the Anglican Diocese of Zululand, for granting me permission to do a survey of clerics in their dioceses. My wife Phindile and my children for their patience during the times when I was an “absent” husband and father My respondents, fellow clerics in the Anglican Dioceses of Natal and Zululand, for their valuable input. Thank you for taking your time to provide me with meaningful data for my survey. My good friend and former colleague, Nkosana Jafta for assisting me with the statistical analysis for this research project. Dr Hatikanganwi Mapudzi for editing this project My Lord Jesus Christ for constantly giving the assurance that I can do everything through Him because He strengthens me. iv EDITOR’S STATEMENT 20 NOVEMBER 2016 Re: LANGUAGE EDITING STATEMENT I, THE UNDERSIGNED, hereby confirm that I have edited the thesis titled AN ANALYSIS OF CLERICS’ AWARENESS OF THEIR “EMPLOYMENT” STATUS IN THE ANGLICAN CHURCH OF SOUTHERN AFRICA, by NHLANHLA BLESSING NTSHANGASE, for the degree of Master of Business Administration. Regards HMapudzi Dr. Hatikanganwi Mapudzi PhD (Communications), M. A (Journalism & Media Studies), PGDip (Media Management), B.Soc. Scie. (Hons) (Communications), B. Applied Communications Management. Email: [email protected] v ABSTRACT The clerics of the Anglican Church of Southern Africa (ACSA) do not have an employment relationship with the Church. This is mainly because when they engage with one another, they never sign an employment contract, nor is there ever an intention to do so. This lack of employment relationship between ACSA and its clerics makes the clerics to not have access to earthly institutions like the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court in an event that they have a dispute with ACSA. Disputes are supposed to be resolved using the internal processes as prescribed by ACSA’’s Constitution and Canons. Those clerics who have taken ACSA to CCMA or Labour Court have discovered that these institutions are not available to them. Courts have ruled several times that clerics are not employees of ACSA, and for this reason, access to the CCMA and the Labour Court is not available to them. This research study sought to establish if clerics are aware of their “not employed” status with ACSA, the implications of this and whether they are aware of internal remedies available to them if there is a conflict. The study further sought to establish if ACSA is doing anything to make clerics aware of their “not employed” status. A pretested questionnaire was designed and was used to collect data from clerics. These questionnaires were sent to 120 respondents, that is, 50 from the Diocese of Zululand and 70 from the Diocese of Natal. All data from the 53 questionnaires that were returned by the respondents were captured into a database using Microsoft Excel version 2010. This was analysed using the STATA IC version 13 statistical software. Data was presented using different types of graphs and tables. The findings were tested using the Pearson Chi-square test to determine the statistical significance of differences between the variables. The findings showed that the majority of clerics are not aware of their “not employed” status with ACSA. It was also found that the majority does not know the implications of this “not employed” status and they are not aware of the internal remedies that are prescribed by the Canons to resolve conflicts. The study recommends that ACSA should embark on a vigorous awareness campaigns to make clerics aware of their “not employed” status, a very important component of ACSA’s engagement with them. vi TABLE OF CONTENTS DECLARATION .................................................................................................................. ii DEDICATION ..................................................................................................................... iii ACKNOWLEDGEMENTS ................................................................................................. iv EDITOR’S STATEMENT ................................................................................................... v ABSTRACT ........................................................................................................................ vi LIST OF FIGURES ............................................................................................................ xi LIST OF TABLES ............................................................................................................. xii CHAPTER 1: INTRODUCTION TO THE RESEARCH ................................................... 1 1.1 Introduction ............................................................................................................... 1 1.2 Background of the study .......................................................................................... 1 1.3 The rationale and motivation for the study ............................................................ 3 1.4 Problem statement ................................................................................................... 5 1.5 Aims and Objectives of the study ........................................................................... 6 1.5.1 Objectives of the study ..................................................................................... 6 1.5.2 Research questions .......................................................................................... 7 1.6 Research methodology and sources of data ......................................................... 7 1.7 The significance of the research ............................................................................. 7 1.8 Limitations of the study ............................................................................................ 8 1.9 Structure of the study ............................................................................................... 8 1.10 Definition of terms .................................................................................................. 9 1.11 Summary ............................................................................................................... 10 CHAPTER 2: LITERATURE REVIEW............................................................................ 11 2.1 Introduction ............................................................................................................. 11 2.2 The process of employment and definition of an “employee” ............................ 11 2.3 Vocation .................................................................................................................. 13 2.4 Ordination to holy orders ....................................................................................... 14 2.5 Declarations and oaths .......................................................................................... 15 2.6 Licensing of a cleric ............................................................................................... 16 2.7 “Employment status” of clerics .............................................................................. 17 2.7.1 The Mathebula case ....................................................................................... 18 2.7.2 The Nkomonde case ......................................................................................