Church elders work their way around a court injunction

The chairman and elders of the Congregational Christian Church of Samoa (CCCS) may have transgressed a court injunction by banning an elder from their annual meeting.

On Monday Reverend Kerita Reupena was told to leave the General Assembly at the church’s Annual Conference at Malua, in Samoa. 

Reupena is an elder in the CCCS at Ipswich in Queensland, Australia.

He had taken the Elders’ Committee to Court over their decision to remove him from that position and from Elders’ Committee.

Reupena obtained an interim injunction from the Samoan Supreme Court, which meant the chairman of the church had to refrain from replacing him.

Chief Justice Patu Tiava’asue Falefatu Sapolu issued the interim injunction restraining the Church from seeking and/or accepting the appointment of a new elder for the Queensland District to replace the plaintiff as a member of the ministerial subcommittee or any other committee of the Congregational Christian Church of Samoa.

In all other respects, the motion for an interim injunction was denied.

The ruling appears make it possible for Reupena to sit in on this week’s conference, which is being attended by a 40-member delegation from Queensland.

But Salevao said “The Court’s decision is still pending and he (Reupena) should respect it and also respect the church.”

“(He was asked to leave) and that was done to keep the peace because some people are not happy with the Court case.”

“So in our opinion, it is best (for him) to leave the church alone until the Court procedures are done”.

Salevao says he has instructed a lawyer to seek clarification from the court to ensure the church is not in contempt.

The church will not touch on Reupena’s position.

“That has been left alone until the ruling from the Court”, Salevao said.

Division of the Queensland District is also on the annual conference agenda.

“The district has been divided into two and so that will be made official when it’s passed before the Assembly,” said Salevao.

The General Secretary explained that the main Queensland district is led by Reupena but differences led some members to break away.

“So the new district is called Queensland South led by Reverend Tauaaga Mata’afa and the other is still called Queensland.”

The new district consists of 14 churches. The Queensland’s district initially had 20 churches before the division occurred.

The leaders of the CCCS say they fears more court action over one of its decisions will open the flood gates to more legal challenges.

Salevao says accusations of a breach of natural justice and human rights over the removal of an elder could result in the church policies to be challenged.

He says challenges could come from gay or women ministers if the breach of natural justice and human rights claim is upheld.

He says anyone, including the church’s ministers, are under the law, but the running of the church and its decisions involving ordained ministers must be dealt with by church authorities and not a court of law.

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News category: Asia Pacific.