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PRIVATE ACTTo provide that the church known as The Apostolic Faith Mission of South Africa shall cease to be registered under the Company laws of the Republic, to make other provision for its incorporation and to provide for matters incidental thereto.(Afrikaans text signed by the Governor-General)WHEREAS The Apostolic Faith Mission of South Africa came into existence in 1908 as the result of the preaching of John G. Lake and certain fellow-workers:AND WHEREAS by 1913 the membership of the Mission and scope of its activities had increased to such an extent that it had become necessary to provide for a constitution to govern the conduct of its affairs and promote the achievement of its objects:AND WHEREAS it also became necessary to provide for the acquisition by the Mission of immovable property for the purpose of establishing places of worship and manses:AND WHEREAS the membership of the Mission had not yet attained such proportions that it had become generally recognised as a church:AND WHEREAS the Mission was accordingly registered in 1913 as an unlimited company under the company laws of the Union:AND WHEREAS the membership of the Mission, the extent of its work and the scope of its influence have, since 1913, increased to such an extent that it has become generally accepted as a church:AND WHEREAS continued registration of the Mission as a company under the company laws of the Union is inconsistent with the spiritual purposes underlying the Mission’s existence and is proving to be an impediment to the proper achievement of its objects:AND WHEREAS the members of the Mission have accordingly decided that the Mission should no longer be registered as’ a company under the company laws of the Union:AND WHEREAS it is desirable that the Mission should nevertheless continue to enjoy corporate existence:AND WHEREAS it is desirable that the Mission’s corporate existence as a church should receive statutory recognition:AND WHEREAS it is desirable to provide for a constitution for the said church and for incidental matters:BE IT THEREFORE ENACTED by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:-
The Apostolic Faith Mission of South Africa (Private) Act, 1961
Act 24 of 1961
[Amended by The Apostolic Faith Mission of South Africa (Private) Amendment Act, 1970 (Act 4 of 1970) on 23 February 1962]
In this Act -“the church” means The Apostolic Faith Mission of South Africa incorporated under this Act;“the company” means the company which at the commencement of this Act was registered as an unlimited company without share capital in terms of the company laws of the Republic under the name of The Apostolic Faith Mission of South Africa.
2. Dissolution of the company and incorporation of the church under this Act
Upon commencement of this Act the company shall be dissolved and the church known as The Apostolic Faith Mission of South Africa shall under that name be incorporated under the provisions of this Act.
3. Church to have corporate existence
The church shall be a body corporate with perpetual succession, capable of suing and being sued in its own name, and of acquiring rights and incurring obligations, distinct from its members,
4. Seat of the church
The church shall have its headquarters at 40, Ameshof Street, Braamfontein, Johannesburg, or at such other place in the Transvaal as it decides upon in terms of its constitution.
5. Powers and constitution of the church
(1)The church shall have power to alter its constitution, to make such rules and regulations and generally to do all such acts and perform such functions as are expedient and necessary for the benefit of the church and the advancement of its objects.(2)The memorandum and articles of association of the company, in force at the commencement of this Act and set forth in the Schedule hereto, shall mutatis mutandis remain of force as the constitution of the church, describing its powers and objects, regulating the management and control of its affairs, and providing for the amendment of the said constitution.
6. Church to succeed to the rights and obligations of the company
Upon the commencement of this Act the church shall acquire all the rights previously held by the company and shall assume all its obligations.
7. Vesting of the company’s property in the church
The whole of the movable and immovable property which at the commencement of this Act was vested in the company or registered in its name shall, upon the commencement of this Act, vest in the church and be deemed to be registered in its name, without payment of transfer duty or stamp duty or fees of office, and the respective registrars of deeds in the various Provinces of the Republic and in the Territory of South-West Africa shall, upon production to them of the title deeds of any immovable property so registered, endorse the same to the effect that such immovable property is deemed to be registered in the name of the church in accordance with the provisions of this Act, whereupon the said title deeds shall serve and avail as the title deeds of the church in respect of such immovable properties. Where any such immovable property is subject to any bond, mortgage or otherwise, such bond shall be likewise endorsed, which endorsement shall have the effect of substituting the church as debtor under the bond and shall make it and the property aforesaid subject to all the duties and obligations of the said bond and entitled to any rights to readvances under the bond exactly as if the said church had originally been the debtor thereunder.
8. Office-bearers of the company to remain in office as office-bearers of the church
The office-bearers of the company, in office at the commencement of this Act, shall remain in office as the office-bearers of the church until succeeded in terms of the church’s constitution.
8A. Application of Act to South-West Africa
This Act and any amendment thereof which be made from time to time, shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel referred to in section 38(5) of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968).
9. Short title and commencement
This Act shall be called The Apostolic Faith Mission of South Africa (Private) Act, 1961, and shall come into operation upon a date to be fixed by the Governor-General by proclamation in the Gazette.