Code of the Brotherhood of Blessed Gérard

Part I
SPIRITUAL AND HISTORICAL BACKGROUND
of the Brotherhood of Blessed Gérard

Blessed Gérard ~~Tonque~~ (who died on September 3, 1120) was most probably a ~~French~~ Benedictine monk who was the guest master of the Benedictine Monastery St. Maria Latina in Jerusalem. The guest house, situated on the other side of the road of the Church of the Holy Sepulchre, was very big as it was always occupied by numerous pilgrims who came to see the places where Jesus lived and died and rose from the dead. Because the journeys in those days were a big strain, most of the pilgrims arrived in Jerusalem exhausted or sick.
Therefore the guest house of St. Maria Latina was more a hospital than a hotel and it was in those days commonly known as the Hospital of Jerusalem. Apart from nursing the sick they used to accommodate abandoned children, feed the starving, clothe the needy and care for discharged prisoners. Blessed Gérard's hospital was a well organised charitable organisation.
Blessed Gérard founded the Brotherhood of St. John of Jerusalem to run the hospital.
This community is the historical root of the Hospital Order of St. John, the oldest hospital order of the Church (founded in 1099), known as the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta or in short the Order of Malta, whose Anglican division, The Grand Priory in the British Realm of the Most Venerable Order of the Hospital of St. John of Jerusalem (founded in 1831), is well known in South Africa as The Priory of the Order of St. John through its offspring the St. John Ambulance Association and Brigade (founded in 1877).
The statutes of the Brotherhood of St. John of Jerusalem are the basis of the Rule of the Order of St. John whose spirituality is going back to the Benedictine principle of hospitality, expressed in chapter 53 of the Rule of St. Benedict which reads: "All guests who present themselves are to be welcomed as Christ, for he himself will say: I was a stranger and you welcomed me (Matt 25:35). Proper honour must be shown to all, especially to those who share our faith (Gal 6:10) and to pilgrims". And that is exactly what the hospital of Jerusalem and its brotherhood did.
Blessed Gérard and his successors called the sick "the poor of Christ" or simply "the holy poor" indicating that they being welcomed as Christ thus represent Christ to those who have the honour of serving them. Loving ones neighbour therefore becomes worship of God and the members of the hospital order made the promise "to be servants and slaves to our Lords, the sick". A principle of the brotherhood's spirituality was right in contradiction of the spirit of the time not to gracefully grant favours to those in need and to be honoured for what they had done, but to consider it a favour to have the honour of serving the needy and thus receive the grace of being close to Christ who is represented by the poor.
Such an attitude is still a contradiction to the Spirit of our times, where helpers often consider themselves superior to those they help and do not realise what graceful chance they miss to meet the Lord in the needy.
On the other hand the hospital of Jerusalem did not disregard the spiritual needs of their Lords, the sick. The hospital was actually regarded as a spiritual community and the sick were not only cared for bodily but also benefited from the pastoral care of the hospital.
The Rule of the Order of St. John reads in chapter 17: "When a sick comes to the house ... he may be received as follows: After he has first faithfully confessed his sins to a priest, he may receive Holy Communion, and afterwards he may be carried to a bed and may be lovingly fed every day like the Lord, according to the possibilities of the house, even before the brothers have their meal. And the Reading and the Gospel may be read in the hospital on all Sundays and the sick may be sprinkled with Holy Water during the procession."
The hospital was considered both a church building and church community anyway. The ward was a big room with an altar inside, so that all the sick could participate in Holy Mass without having to leave their beds.
All in all the brotherhood and the hospital order founded by Blessed Gérard thought of the hospital as a community of saints: The brothers extended God's loving care to the needy. They acted on Christ's behalf, because the church is the body of Christ and Christ is thus acting at all times through his church. But the brothers met Christ in the Sick as well (cf. "Whenever you did this for one of the least important of these brothers of mine, you did it for me!" Mt. 25.40).
All involved, the brothers on the one hand and the sick on the other hand, are mutually representing Christ, making life in the community of the hospital a mutual encounter with the Lord and therefore an event of salvation.
The Brotherhood of Blessed Gérard sees itself as a revival of the Brotherhood of St. John founded by the Blessed Gérard. It wants to revitalise the charisma of these origins and adopt them and the brotherhood's spirituality into the context of our present time and life situation.
It seeks to brotherly relate to all communities and organisations standing in the same tradition and spirituality.

The Brotherhood of Blessed Gérard (hereinafter shortly referred to as Brotherhood) is a Private Association of Christ's faithful according to the provisions of the Code of Canon Law (CIC 1983, can. 298-311 and 321-326).
As such it identifies itself as an association of Catholics and other people of good will, dedicated to the service of God in the Roman Catholic Church~~, subject to the supervision and governance of the ecclesiastical authority~~.
The Brotherhood is affiliated as an autonomous body to the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta (called the Order of Malta, hereinafter abbreviated as SMOM). As such the use of the coat of arms of the SMOM is subject to the permission of the SMOM, which can be revoked by them, if the Brotherhood should contravene the ideals and principles of the SMOM. The Brotherhood is accountable to its competent entity, the Grand Hospitaller of the SMOM for all its activities.
According to civil law the Brotherhood is a “Public Benefit Organisation operated not for profit” and a welfare society directed to the common good of all people.

The purpose of the Brotherhood is to further the glory of God and strive with a common effort to foster a more perfect life of its members by devoting themselves to the apostolate of the Catholic Church in works of charity to serve "the poor of our Lord Jesus Christ" extending God's loving care to them under the motto "tuitio fidei et obsequium pauperum" (Protection of faith and service to the poor).
The Brotherhood and its members are resolved to take on charitable tasks according to the needs of the people and in keeping with its own capability.
This includes the training of its members and other interested people to exercise such tasks and the raising of funds to fulfil those tasks. All acquired funds are exclusively to be used for the above mentioned purposes.
The Brotherhood wants to serve needy people irrespective of their creed, colour of skin or political affiliation.

The Brotherhood is subject to the spiritual and pastoral direction of the respective bishops in the areas of its activities ~~patronage and supervision of the Bishop of Eshowe~~ (CIC, can. 305 §2).

4.2. The Council of the dedicated members elects from amongst itself the Executive Council, without prejudice to the provisions of No. 4.4.

Honorary Dedicated Members are not eligible for election.
The Executive Council represents the Brotherhood to the public, organises its activities and guides its members.
It consists of five office bearers, namely:

a. the President
b. the Vice-President
c. the Medical Superintendent
d. the Director of Charity Work
e. the Administrator of Goods

4.2.1. The President presides over the Executive Council. He bears the ~~final~~ responsibility for and has the final authority over all activities of the Brotherhood and is its legal representative.

4.2.2. The Vice-President assists the President in all his duties. As his deputy he takes the President's place whenever the President is unable to fulfil his duties (e.g. illness, leave or unforeseen circumstances).

4.2.3. The Medical Superintendent is the authority responsible for all medical aspects related to the activities of the Brotherhood.
He may be assisted by Project Co-ordinators from among the Dedicated or the Associate Members, who focus on a special medical activity of the Brotherhood, if such need arises.

4.2.4. The Director of Charity Work organises, co-ordinates and supervises the Brotherhood's charitable activities ~~actions~~ and projects.
He may be assisted by Project Co-ordinators from among the Dedicated or the Associate Members, who focus on a special charitable activity of the Brotherhood, if such need arises.

4.2.5. The Administrator of Goods is in charge of the financial administration including fund-raising and collecting membership fees. He provides the executive council with the required financial reports and looks after all movable and immovable possessions of the Brotherhood.
He may be assisted by Project Co-ordinators from among the Dedicated or the Associate Members, who focus on a special administrative activity of the Brotherhood, if such need arises.

He is elected by the Council of the Dedicated Members from among the priests who lawfully exercise a ministry in the Roman Catholic Church ~~Diocese of Eshowe~~ according to the provisions of CIC, can. 324 § 2. The election becomes effective only through the acceptance by the elected and the confirmation by the ~~Bishop of Eshowe~~ ecclesiastical authority of the elected. The Spiritual Counsellor gives spiritual guidance to the Executive Council, the Council of the Dedicated Members and all other members. He may, but needs not be a member of the Brotherhood.

4.4. The first President and Spiritual Counsellor of the Brotherhood is its founder by virtue of these statutes.

His successors and all other office bearers in the Executive Council are elected by the Council of the Dedicated Members for a period of two years.
A newly elected President cannot take up office without the authorisation given by the competent entity of the SMOM.

The Executive Council may nominate appropriate personalities to form the President's Council. The President's Council is an advisory body of experts to facilitate and support the President and the Executive Council in their decision making process.

The Executive Council may nominate suitable members of the Brotherhood to form the Management Committee. The Management Committee acts on behalf of the Executive Council and is responsible for the daily administration and activities of the Brotherhood. All project co-ordinators, group leaders and ~~employees~~ active members of the Brotherhood are directly answerable to the Management Committee.

Membership can only be attained through a written application to the Executive Council, who will decide whether or not to accept the applicant as a member or candidate for membership. Membership commences with the date of issue of the membership certificate through the Executive Council.
There are two kinds of membership: The Dedicated Membership and the Associate Membership.

The Dedicated Members of the Brotherhood devote themselves with all their heart, with all their soul and with all their strength (cf. Dtn 6.5) to Jesus Christ and his body, the church (cf. 1 Cor 12.27), by striving to be the yeast (cf. Gal 5.9) of God's love in their entire life as members of their family, community, at their work and in their leisure time. Over and above this, their special task is to initiate, facilitate, guide, support and bear responsibility for the activities of the Brotherhood. For the Dedicated Membership only baptised and confirmed members of the Roman Catholic Church qualify, who are known for their outstanding character, loyalty to the Church and good Christian life. Cessation of the membership in the Church automatically terminates the Dedicated Membership in the Brotherhood.

The Dedicated Membership is preceded by a probation period of one year during which the candidate is introduced into the objectives and spiritual background of the Brotherhood and during which he or she takes part in the activities of the Brotherhood.
To be admitted to start the probation time the candidate must have been an Active ~~Associate~~ Member of the Brotherhood for at least one year and must have proven through his or her participation in the activities of the Brotherhood that he or she is really committed and able to serve the poor of Christ with great zeal. The Active ~~Associated~~ Member has to submit a written application to the Executive Council accompanied by a curriculum vitae and a testimonial from his or her parish priest when asking to be accepted as a candidate for the Dedicated Membership in the Brotherhood.
When the probation time is completed the candidate may apply to the Council of the Dedicated Members asking to be officially received as a Dedicated Member into the Brotherhood. The council of the Dedicated Members has to discuss the candidate's application openly and then to take a secret vote on the application. If its majority accepts the candidate he or she is to make a private promise in public to dedicate him- or herself to the best of his or her abilities to the service of God in the Brotherhood.

To safeguard the proper function and leadership of the Brotherhood at its beginning, the founder members of the Brotherhood are exempted from the regulations of No 5.1.2. in so far, as their successful completion of the probation time and its preceding time of the associate membership is presumed, with the full right to act as dedicated members in every respect, but they still undergo the same formation process as the candidates.

Associate Members, who have supported the Brotherhood to an exceptional degree, may be granted Honorary Dedicated Membership through a majority vote of the Council of the Dedicated Members. Honorary Dedicated Members ~~of Honour~~ have all the privileges of Dedicated Members, except the right to vote in the Council of the Dedicated Members.

Associate Members can be all people of good will, who are prepared to support the Brotherhood in its objectives and activities. They assist the Brotherhood's activities spiritually by their prayers and sacrifices, financially by donations and membership fees, and/or they may actively participate in its charitable activities.

Associate members who participate in the Brotherhood's activities are called "Active Members".
The Active Members may be assigned to groups under the leadership of a group leader, who is nominated by and responsible to the Executive Council. Such groups would not be independent of the main body and would participate fully in the association's activities.

Associate members who are not actively involved in the Brotherhood's works, but assist the Brotherhood financially or spiritually are called "Supporting Associate Members". As such those who support the Brotherhood spiritually are called "Spiritual Supporters" and those who support the Brotherhood financially are called "Financial supporters" or “Donors”.

Members of the Brotherhood, in their capacity as such, must not issue any political statements or involve themselves in party politics. They may do so in their private capacity, but must not use their membership in the Brotherhood as a vehicle to propagate their political views.

Members, who do not fulfil their obligations as members, may be suspended from their membership of the Brotherhood.

Active members, who have not participated in any activities of the Brotherhood or Financial supporters, who have not honoured their membership fee pledges for more than two years are suspended from their membership in the Brotherhood automatically.
Membership can also be suspended if propriety and / or conduct of the member deteriorate or facts become known which would have prevented acceptance of membership in the first instance and as such would hinder and / or impair the functioning or reputation of the Brotherhood.
Suspension of membership debars the member from all rights and privileges of membership until it is officially revoked.

5.5. Disciplinary measures against office bearers, project co-ordinators or group leaders

If an office bearer, project co-ordinator or group leader would not fulfil the duties proper to his / her assignment, he / she may be removed from his / her position.

Any suspension of membership or disciplinary measure is to be decided upon through a majority vote of the Executive Council.
In cases of urgency suspension of membership or disciplinary measures may be imposed immediately by the President, who has to inform the Executive Council about the circumstances.
Members, who have been suspended or disciplined may appeal against the measures taken, to the Council of the Dedicated Members, who, after due consideration, may modify or revoke such measures.

5.7.2. the issue of a written notice of resignation to the Brotherhood by the respective member;
a Dedicated Member doing so must ask his or her confessor for dispensation from the promise made.
5.7.3. expulsion, which can only be decided upon by the Executive Council, if the conduct of a member considerably harms the reputation of the Brotherhood or impairs its activities.

If there is a grave reason to do so, the Council of the Dedicated Members can decide in a meeting convened for the purpose of considering such matter with a majority of three quarters of its members to dissolve the Brotherhood Not less than 21 days' notice shall be given of such meeting and the notice convening the meeting shall clearly state that the question of dissolution of the Brotherhood and disposal of its assets will be considered. A quorum is formed if all the Members of the Executive Council and two thirds of the other Dedicated Members are present at such meeting. The permission of the competent entity of the SMOM will be required for the dissolution to become legally effective. In ~~such~~ case of its dissolution or in the case of its suppression by the competent ecclesiastical authority according to CIC Can. 326 § 1 if there remain any assets whatsoever after the satisfaction of all its debts and liabilities, such assets shall not be paid to or distributed among its members, but shall be given to a similar public benefit organisation, which must be approved by the competent entity of the SMOM ~~St. Anthony's Parish in Mandeni, who~~ and has to use them for charitable purposes according to the original wishes of the donors (CIC Can. 326 § 2).

The badge of the Brotherhood is a white Maltese cross on a red occidental shield with a white border superimposed on a black African shield with a golden border and with a golden cross and crosier crossed behind it and the motto "tuitio fidei et obsequium pauperum" (Protection of faith and service to the poor) inside the African shield in gold.

The Maltese cross symbolises with its eight points the eight beatitudes of Christ's Sermon on the Mount (Matt 5.3-10):

The shield symbolises the readiness to safeguard faith and fight against evil by means of the above mentioned beatitudes. The African shape of the shield symbolises the centre of the Brotherhood in Africa.
An African shield usually shows spears or a spear and a knobkerrie crossed behind it as the weapons to defend what the shield wants to shelter. The badge of the Brotherhood shows cross and crosier as its "weapons" to fight for the good. The cross being the sign of Christ's victory over sin and death and the crosier being the symbol of the pastoral care of Christ for his flock.
The motto "Protection of faith and service to the poor" is the traditional aim of the Order of St. John adopted by the Brotherhood of Blessed Gérard.

All members wear the Brotherhood medal on a red braid on festive occasions.
The Dedicated Members of the Brotherhood wear a black cape, with the badge on the left side of the chest, at special functions.
Members of the Executive Council wear a black blazer with gold Maltese Cross buttons and the badge on the left breast pocket.
Dedicated Members wear a black blazer with silver coloured Maltese Cross buttons and the badge on the left breast pocket.
Active members may wear a black blazer with bronze coloured Maltese Cross buttons and the badge on the left breast pocket.
Active members wear a short sleeved white pilot style shirt with the badge on the left breast pocket.
Further regulations regarding the dress code are part of the Particular Norms of the Brotherhood.
Insignia and Decorations, as far as they are approved by the SMOM, are worn on top of the left breast pocket of the blazer, above the badge.

The Brotherhood of Blessed Gérard wants to serve as an instrument in the Church for the people to become one with the Lord by serving the Lord in the poor and being served by the Lord through his body, the Church.
Blessed Gérard once said: "Our brotherhood will be everlasting, because the misery of the world is the ground, which this plant is rooted in - and because, God willing, there always will be people, who want to work, to decrease these sufferings and to make this misery more bearable!"
May the Brotherhood of Blessed Gérard continue the ancient spiritual tradition of its roots, in adopting it's patron's charisma, to humbly serve the hungry and thirsty, estranged and naked, sick and imprisoned Lord and thus become a sign of Christian faith, cheerful hope and apostolic love to the people.

Particular norms ( cf. CIC Can. 309) on how to implement these statutes and carry out the tasks of the Brotherhood are made by the Council of the Dedicated Members. The "Spiritual and historical background", the statutes, the constitution and these particular norms in their respective version form the Code ~~constitution~~ of the Brotherhood.

The statutes can only be amended by the Council of the Dedicated Members with a two-thirds majority, provided that all the founder members present unanimously agree to such amendment. Amendments of the statutes must be approved by the competent entity of the SMOM to come into force.

DATE OF ESTABLISHMENT 4 December 2001
Addendum to the Canon Law Statutes of the Brotherhood of Blessed Gérard

WHEREAS IT IS DEEMED EXPEDIENT TO ESTABLISH THE LEGAL PERSONALITY OF THE BROTHERHOOD OF BLESSED GÉRARD AS AN UNIVERSITAS PERSONARUM FOR PURPOSES OF THE LAWS OF THE REPUBLIC OF SOUTH AFRICA

1 The name of the universitas personarum or association of persons is the Brotherhood of Blessed Gérard.

To carry on activities which are of a philanthropic and benevolent nature, having regard to the needs, interests and well-being of the general public.

To promote and practice the Catholic religion which encompasses acts of worship, witness and community service based on a belief in God and a recognized creed.

3 The Brotherhood of Blessed Gérard is an aggregate of its members[1] and is an universitas personarum or association of persons.

4 It is a juridical person, being a public benefit organization, of a religious and public nature[2] having perpetual succession,[3] entrusted with the task of fulfilling its objects for the public good.[4] If even a single member survives, the rights of the aggregate devolve upon that member.[5]

5. It has the capacity to acquire rights and obligations,[6] and in particular shall, in its name be capable in law of suing and being sued,[7] of investing, lending and borrowing moneys, of purchasing or otherwise acquiring, holding, leasing, hiring, selling, exchanging, alienating, hypothecating any property, movable or immovable[8], burdening such property with a servitude or otherwise conferring any real right therein and generally, without in any way being limited by or restricted to the powers specified above, of entering into all other contracts, and of doing or performing such acts and things as bodies corporate may by law do or perform.

5.1 The Brotherhood of Blessed Gérard shall not carry on any business undertaking or trading activity otherwise than to the extent that it conforms to Section 30(3)(b)(iv) of the Act.

5.2. The rights and obligations are independent of its members and in particular the ownership of assets vests in the Brotherhood of Blessed Gérard. Immovable property is registered in the name of the Brotherhood of Blessed Gérard.[9]

5.3 The Brotherhood of Blessed Gérard may not distribute any of its funds to any person (otherwise than in the course of undertaking any public benefit activity) and it shall use its funds solely for the object for which it has been established or to invest such funds in terms of Section 30 (3)(b)(ii) of the Act.

5.4 The members have no right to the profits of the Brotherhood of Blessed Gérard which are to be used solely for the promotion of its objects.[10]

No donation will be accepted that is prohibited in terms of Section 30(3)(b)(v) of the Act.

No remuneration will be paid to any employee, office bearer, member or other person which is excessive having regard to what is generally considered reasonable in the sector and in relation to the service rendered.

In the case that the Brotherhood of Blessed Gérard provides funds to any public benefit activity, reasonable steps will be taken to ensure that the funds are utilized for the purpose for which it has been provided.

6 The President acts in the name of the Brotherhood of Blessed Gérard, or a person authorised to act in his place in his absence. If the office is impeded or vacant then the Vice-President acts in the name of the Brotherhood of Blessed Gérard.

6.1 The day-to-day management of the Brotherhood of Blessed Gérard is the responsibility of the President and those office-bearers designated to such responsibility in terms of the Canon Law Statutes of the Brotherhood of Blessed Gérard; the office bearers constitute a council.

6.2 The council shall have at least three members, who are not connected persons in relation to each other and who accept the fiduciary responsibility of the Brotherhood of Blessed Gérard.

6.3 The end of the financial year of the Brotherhood of Blessed Gérard shall be the last day of February.

6.4 The financial transactions of the Brotherhood of Blessed Gérard shall be conducted by means of a banking account.

Decisions of the board council are made by consensus failing which by show of hands.

The Brotherhood of Blessed Gérard will, within such period as the Commissioner may determine, register in terms of the Non-Profit Organisations Act No 71 of 1997 and comply with any other requirements imposed in terms of that Act.

7. The Constitution may be amended by decision of the persons responsible for the management of the Brotherhood of Blessed Gérard and described in Clause 6 here above.

7.1 A copy of amendments to the constitution will be submitted to the Commissioner for the South African Revenue Services.

7.2 On dissolution the Brotherhood of Blessed Gérard shall transfer its assets to any similar public benefit organization which has been approved in terms of Section 30 of the Act.

8. The Code of Canon Law being an English translation of the Codex Iuris Canonici and approved by the Episcopal Conference of Southern Africa in accordance with n3 of the norms issued by the Cardinal Secretary of State on 28 January 1983 is incorporated as amended into this Constitution. Should a Court in South Africa be required to adjudicate upon any matter to which the Code of Canon Law is or may be relevant, then such Court shall apply South African Law thereto.

9. This Constitution is to be read with the Canon Law Statutes of the Brotherhood of Blessed Gérard to which it is an addendum. Should there appear any conflict between this Constitution and the said Canon Law Statutes, the latter shall prevail.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR SIGNATURES AT MANDENI ON THIS 4^th DAY OF DECEMBER 2001

1.1. The Associated Members have quarterly meetings. These meetings serve the purpose of spiritual guidance, inspiration and encouragement to become involved in the activities of the Brotherhood, training for the charitable tasks of the Brotherhood, cultural education and brotherly getting together. The Associate Members are to be informed about the progress of the Brotherhood's activities in general. Their suggestions are to be passed on to the Executive Council who has to discuss them.

1.2. The Dedicated Members meet once a month. These meetings are called and presided over by the President. The centre of their meeting is a service. They worship the Lord, share their faith and seek guidance for their apostolate through listening to the Word of God. They discuss all matters of common concern in brotherly respect and love and make the necessary decisions democratically according to the regulations of the statutes.

1.3. The Executive Council meets as such, when the actual need arises. Its members keep close contact with each other and thus lead the Brotherhood jointly.

2.1. The Associate Members decide on the amount of their membership fees themselves. A guideline should be 1% of the member's income.

2.2. Dedicated Members contribute to the Brotherhood mainly through their direct involvement in its activities. They are encouraged to make voluntary financial contributions according to their abilities in addition to the membership fees, which are the same as for the Associate Members.

2.3. Members without income and Spiritual Supporters are exempt from membership fees.

2.4. Membership fees may be paid in advance to the Administrator of Goods in monthly, quarterly or yearly instalments.

Phone +27 - 32 - 456 2743
Facsimile +27 - 32 - 456 7962
E-Mail

URL: http://bbg.org.za

[1] cn 114.1

[2] cn 373

[3] cn 120.1

[4] cn 116

[5] cn 120.2

[6] cn 113.2

[7] cns 1281.3, 1400.1.1 & 1480

[8] cns 1255 & 1259

[9] cn 1256

[10] cn 1254.1

The changes were approved by the competent entity of the SMOM in Rome on 21 December 2001 and came into force on this day.