Brown (Purcell) v Church of God & Saints of Christ

• Jurisdiction: Jamaica
• Judge: DOWNER, JA. , BINGHAM, J.A. , HARRISON, J.A.
• Judgment Date: 28 May 2002
• Neutral Citation: JM 2002 CA 21
• Judgment citation (vLex): [2002] 5 JJC 2801
• Date: 28 May 2002
• Court: Court of Appeal (Jamaica)

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE DOWNER, J.A THE HON. MR. JUSTICE BINGHAM, J.A THE HON. MR. JUSTICE HARRISON, J.A

BETWEEN:

PURCELL BROWN

DEFENDANT/APPELLANT

AND:

CHURCH OF GOD & SAINTS OF CHRIST

PLAINTIFF/RESPONDENT

Bert Samuels for the appellant

Dr. Randolph Williams for the respondent

INJUNCTIONS - Interlocutory injunction - Whether removal of bishop from bishopric unlawful - Whether appellant denied a fair hearing

DOWNER, JA.

1 Before Brown J. (ag.) the plaintiff/respondent (the "Church"), sought and obtained an interlocutory injunction which in substance deprived the defendant/appellant, Purcell Brown, of his bishopric and all the perquisites that went with that office. Additionally, it restrained the appellant from trespassing on the land vested in the respondent at 8 and 10 Lockett Avenue, or holding any meeting,or from removing property from the above address during the tenure of the injunction.

2 The issue of natural justice was of cardinal importance, so it was in the forefront of the appellant's arguments in the Court below and was the sole ground of appeal effectively argued on appeal. A curious feature of the judgment in the court below was the absence of any analysis of this issue. This was a significant error in the learned judge's approach. He failed to consider the legal effect of the uncontested minutes of the Church which told in favour of the Bishop.

3 How was Purcell Brown deprived of his bishopric?

4 The core of Mr. Bert Samuels' submissions on behalf of the appellant was that the removal of Purcell Brown from his bishopric was invalid because the Church failed to adhere to the principles of natural justice. Specifically, the contention was that Brown was denied a fair hearing. This point goes to jurisdiction, and if it is successful then the order below must be set aside as null and void. The effect of this would be that the Bishop still retains his office and was wrongfully deprived of his perquisites. Article 3 section 3 of the Constitution of the Church addresses the emoluments of the Bishop. It reads:

" Sec. 3: Ministers who spend part of their time in the Work shall receive of the Tithes in proportion to the time they put in, and return to the General Fund all over their actual needs. Also the General Secretary in like manner, as well as the Bishops. The support of the Bishops shall be by tithing. All the tithes received into the Store House subject to their disposal. And it came to pass that they which had gathered much had nothing over, and they that had gathered little had no lack. By order of the Bishops the Presbytery Board will meet when necessary." [Emphasis supplied]

5 The Bishop has the power to order a meeting of the Board when necessary and the implication is that he is a member and Chairman of that Board by virtue of his office. Be it noted that the amending clause of the Constitution reads at page 16, "This Constitution can be amended when necessary by the authority of the Bishop and two thirds of the Board of Presbytery."

6 It should be emphasized that the appellant's contention is that the procedure resorted to, was unlawful. These proceedings are not concerned with the conduct of the Bishop. That is a matter for the appropriate tribunal set up by the Constitution of the Church.

7 The legal status of the Church is averred in the Statement of Claim as follows:

"1. The plaintiff is a body corporate incorporated by the Church of God and Saints of Christ Incorporation and Vesting Law (Act No. 8 of 1949) and is the registered proprietor of land at 8 and 10 Lockett Avenue, Kingston comprised in Certificate of Title registered at Volume 82 Folio 50 and Volume 1295 Folio 937 of the Register Book of Titles."

8 Section 4 of the Act is important. It reads:

"4- No deed or document purporting to be executed by the corporation shall be of any force or validity unless it be sealed with the Corporate Seal and signed by not less than three members of the corporation of whom the said Witlive Charles Hamilton, Evangelist at large during his lifetime or his successor for the time being in the Office of Evangelist at large of the West India Islands, Atlantic Ocean, Caribbean Sea, Central America, shall be one."

9 The evidence which demonstrates how the Bishop was defrocked and excommunicated is contained in the minutes of the Presbytery Board of the Church, exhibited to the affidavit evidence of Raymond Munroe, the secretary. These minutes are dated October 2,1997, October 1,1998, and April 19, 2000.

10 The powers of the Presbytery Board are set out in section 1 of Article 2 of the Constitution and states:

"Sec. 1: The Board shall be called the Presbytery Board of the Church of God and Saints of Christ and it shall be the duty of the Board during the Assembly Meeting to recommend all Ministers that have been ordained since the last Assembly Meeting, and to adjust all errors, and to impower or discommunicate."

11 The composition of the Presbytery Board is stated in section 4 of Article 3. It reads:

" Sec. 4: There shall be a Presbytery consisting of Evangelists and ordained Elders and Deacons. The number shall be twelve, and their duty or work shall be to look after the General Business of the District Assembly. We further recommend that the Bishop shall preside over all meetings of the District Assembly, and in his absence the next to him and so on.

(Constitution calls for one Bishop in this District)"

12 It is to be recalled that section 3 (supra) by necessary implication makes the Bishop, Chairman of the Presbytery Board.

13 Since the Presbytery Board has certain duties during the Assembly Meeting, it is necessary to see how Article 1 section 1 defines the powers of the District Annual and General Assemblies. It reads thus:

" Sec. 1: The District Annual and General Assemblies shall be composed of Bishops, Elders, Evangelists, Ministers and deacons and all other members of the Church, who can furnish a Credential by Authority from the Church shall be entitled to a seat in the Assembly and also the Daughters of Jerusalem shall be represented by their Sarahs and the Rachaels of each Tabernacle and the Sabbath Schools by their teachers and secretaries of the Tabernacle."

14 Then section 2 reads:

" Sec. 2: The Members when thus chosen, when convened, shall be known as the District Annual or General Assemblies of the Church of God and Saints of Christ. The Bishop or Bishops shall preside at this Assembly. The Bible is to be used to settle all questions. All differences to be settled by Matthew 5: 28 and Matthew 18:24. The Bishop and all other officers shall continue to hold their Office as long as they maintain sound doctrine, and keep the 10 Commandments, which will in no way permit them to fulfil the lust of the flesh. They must walk after the Spirit and not be as a Lord over God's heritage, or infringe on any of the Bible Rights of the Churches but shall merely be considered as lights of Advisory or Counsel, according to their position. All members of the Assembly must respect all Bible Truths."

15 It is clear that the Assembly which is a representative one, by virtue of the Constitution is the Parliament of the Church. There is a provision for minutes of Assembly thus:

" Sec. 7: The District Assembly shall endeavour to furnish a copy of the Minutes of all proceedings from every Assembly Meeting as soon as they are printed."

16 The primacy of the Bishop is recognized as he presides over the Assembly and the Presbytery Board. The Bishop and the Board also, have a crucial role in amending the Constitution. To reiterate, the amending clause at the end of the Constitution on page 16 reads:

"This Constitution can be amended when necessary by the authority of the Bishop and two-thirds majority of the Board of the Presbytery."

17 Since amendment is a legislative process any such proposed amendment must be subject to approval of the District Annual and General Assemblies because all the members of the Presbytery Board sit in the Assembly and are responsible to it. The amending clause as worded emphasizes the primacy of the Bishop both at the Board and in the Annual General Assembly.

18 To emphasise the legislative power and the status of the Bishop, section 5 of Article 1 reads:

" Sec. 5: Wherever a Tabernacle is organized anywhere in this District it shall be subject to whatsoever rules the District Annual or General Assemblies may adopt, or will adopt and the Pastor or Evangelist shall send a copy of the names of the members and officers to the District Secretary of the District, and the Secretary shall inform the Bishop or Bishops of the same."

19 The minutes of the Assembly recorded by the General Secretary will contain the rules enacted by the Assembly from time to time.

20 The Minutes of October 2, 1997

21 As to the above minutes of the Presbytery, Elder Telemaque raised the issue and it was recorded as follows in the minutes:

"ISSUES RAISED BY ELDER TELEMAQUE:

• 1. Bishop has preached Doctrine that our forefathers did not preach. In particular killing of the lamb on the 14 ^th of Abib to the evening of the 15 ^th Abib, this is wrong.

• 2. Preaching the day begins at sunrise the next morning.

• 3. Ministers wanting an apology as to names they were called in the days of Unleavened Bread. Elder Telemaque moved that certain charges be brought against the Bishop, seconded by Elder M. Johnson. The Board decided unanimously to have the motion as far as the charges were concerned."

22 The minutes continued thus:

"Elder Telemaque then outlined the charges. Bishop Brown was then given the chance to speak in his defence to the charges.

Chairman of the Board then requested a motion to accept or reject what the Bishop put forward in his defence. The motion was moved by Evangelist...