## Facts

- Ecclesia de Lange was an ordained minister of the Methodist Church of Southern Africa (the Church), a voluntary religious association governed by its internal Laws and Discipline (L&D).
- De Lange announced that she would marry her same-sex partner and later entered into a same-sex civil union.
- Following the announcement and marriage, Church disciplinary bodies suspended De Lange and ultimately discontinued her as a minister.
- The Church’s L&D provided that disputes arising from internal disciplinary proceedings were to be referred to arbitration.
- De Lange referred the disciplinary dispute to arbitration in terms of the Church process, and steps were taken toward proceeding with arbitration.
- While arbitration was still pending, De Lange brought court proceedings seeking (among other relief) to set aside or avoid the arbitration agreement under section 3(2) of the Arbitration Act 42 of 1965.
- In the same court application, she also sought declaratory and review-type relief, including a declaration that the Church’s actions amounted to unconstitutional discrimination based on sexual orientation and orders aimed at undoing the suspension/discontinuation.
- The High Court dismissed De Lange’s application as premature because arbitration had not yet run its course, and it directed that the dispute should first proceed in arbitration.
- De Lange appealed to the Supreme Court of Appeal (SCA).

## Issues

1. Whether a binding arbitration agreement/process existed between De Lange and the Church in terms of the L&D and the steps taken by the parties.
2. Whether De Lange showed “good cause” under section 3(2) of the Arbitration Act 42 of 1965 for a court to refuse to enforce the arbitration agreement and allow immediate litigation instead.
3. Whether the framing of the dispute in constitutional and equality terms justified bypassing the agreed arbitral forum at the preliminary stage.

## Decision

- The SCA dismissed the appeal.
- The SCA held that De Lange had not shown “good cause” under section 3(2) to avoid arbitration.
- The SCA confirmed that the dispute should first be dealt with through the arbitration process required by the Church’s L&D.
- The SCA did not decide the merits of De Lange’s discrimination and constitutional challenges; it treated those as matters not yet ripe for court determination because the agreed forum had not been exhausted.

## Legal Principles

- Courts generally give effect to arbitration agreements; a court may decline enforcement under section 3(2) only if the applicant proves “good cause” on the facts, assessed case by case.
- An application to set aside or bypass arbitration will ordinarily fail where arbitration is already pending and the applicant has not demonstrated concrete prejudice or injustice that makes arbitration unfair.
- The presence of constitutional allegations does not automatically amount to “good cause” to avoid arbitration; constitutional arguments can be raised at an appropriate stage, including through review or challenge mechanisms after arbitration where the law permits.
- In disputes within voluntary associations, especially religious bodies, courts are slow to intervene prematurely in internal discipline and procedure, both to respect associational self-governance and to avoid deciding matters bound up with doctrine where it is unnecessary to do so at that stage.
- General concerns about bias, futility, or procedural limits in a religious arbitration process must be supported by specific, persuasive facts; speculation is insufficient to displace an agreed dispute-resolution mechanism.
- Delay or dissatisfaction with the internal process, without more, does not itself establish “good cause” to override arbitration, particularly where the circumstances of the delay are explained or shared.

## Conclusion

The SCA held that De Lange was not entitled to bypass the Church’s L&D-mandated arbitration by immediately litigating her constitutional and discrimination claims, because she did not show “good cause” under section 3(2) of the Arbitration Act to set aside or refuse enforcement of the arbitration agreement; the appeal was dismissed and arbitration was required to proceed before court intervention would be considered.


Ecclesia de Lange v. The Presiding Bishop of the Methodist Church of Southern Africa, (726/13) [2014] ZASCA 151 (2014)