By Nchumbonga George Lekelefac
On December 4, 2022, during the canonical erection of Saint Felix Parish, Ntenefor, Up station Bamenda in the Archdiocese of Bamenda and the canonical installment of Reverend Father Bernardine Nsom as pioneer parish priest, Archbishop Andrew Nkea noted during the Homily inter alia (among other things) in Pidgin English: “…so, the asking of parish, wanna go see na parish priest, wannanoh go see bishop because bishop fit only tok for parish priest say: Parish priest, write me letter, so that make I create parish. If parish priest deny, the only thing I fit do na say I fit move he, I bring different father weh he go write me the letter, but for tok say I come create wanna priest weh parish priest no write me letter, it is not possible according to the law…” (Cf. Divine Mercy Radio and TV Service – dmrtvs Diocese of Buea, FM 97.1 war live, 4. Dezember 2022, canonical erection of Saint Felix Parish, Ntenefor, Up station Bamenda, https://fb.watch/hcBKCDW9hW/). According to the message, Archbishop Andrew Nkea stated that he can tell the parish priest to write to him a letter requesting for a new parish from his parish, underscoring that if the parish priest refuses to write the letter, the only thing he can do will be to REMOVE the parish priest and bring another parish priest who will write the letter. Do parish priests have rights which must be respected by the diocesan bishop and is the authority of the diocesan bishop absolute? Is the diocesan bishop free to remove or transfer a parish priest without canonical process? Is the authority of Archbishop Nkea absolute when it comes to transfer or removal of a parish priest? What does the code of canon law stipulate?
While a priest’s ministry is dependent upon that of his bishop, and every priest promises respect and obedience to the bishop at ordination, it is a common canonical mistake and abuse of ecclesiastical power and office for some African bishops to think of a parish priest as a kind of branch manager or tenant farmer of the bishop. The parish priest’s canonical role is much different from that.(Cf. Ed Condon and JD Flynn,2018).The parish, which exists within the diocese, is, etymologically, an extended household. “Oikia” is the Greek term for household; “a par-oikia” is an extended household. And the parochus—that’s the official title for pastors—is the householder. It is as a householder that the parochus exercises his leadership. It is as a householder that the parochus connects the parish to the diocese. Finally: it is as a householder that the parochus, a member of the presbyterium, cooperates with the diocesan bishop in pastoring the diocesan flock. The parish is a part of the Church Catholic. As such, it is in communion: with other parishes, with the bishop and above all with the diocese, in which and from which the one, holy catholic and apostolic church is truly present and operative.
The code of law treats the subject of a parochus — the parish priest/pastor of a parish — very explicitly. Canon 515 §1 of the Code of Canon Law stipulates that each parish is to be entrusted to the care of a parochus, who serves as the shepherd of the community under the authority of the bishop. The same canon makes it crystal clear that the parish itself is not a piece of land, a church or any other collection of buildings. A parish is properly understood as a group of the faithful, usually defined as those living in a particular area. The relationship between the parish priest and his parish is, in a technical sense, personal: a relationship between persons, defined and circumscribed by law. In canon law, every parish has its own “juridic personality,” meaning that is a self-supporting legal entity, with its own property and its own rights and obligations. The code elucidates that the parish priest/pastor represents the parish “in all juridic affairs,” and it is his responsibility to lead the community and decides what is in its best interests when it says in Canon 532: “In all juridic affairs the pastor represents the parish according to the norm of law. He is to take care that the goods of the parish are administered according to the norm of cann. 1281-1288.”
Of course, the bishop is free to establish policies for all parishes in his diocese — called particular laws — provided that they do not conflict with universal canon law or divine law. But within the boundaries established by canon law, divine law and civil law, it is the /parish priest’s pastor’s duty to lead the parish and to determine, prayerfully and consultatively, how best to govern the community with which it has been entrusted.
There have been cases where the parish priest/ pastor and the bishop disagreed about parish needs as Archbishop Nkea tried to illustrate with regards to a parish priest who refuses to write a letter to ask for the erection of a parish, and the code of canon law provides mechanisms to address such conflicts, including processes of appeal from episcopal decisions and directions and canonical courts in which they can be adjudicated. As you could see, it could be canonically unlawful for a local bishop to REMOVE a parish priest simply because he disagrees with the bishop. Parish priests too have canonical rights which the local bishop has to respect, otherwise the parish priest has the right to write a petition against the bishop directly to the Holy See. How? I will write an article to enlighten you on how a petition is written and where it is sent.
A bishop and parish priest/ pastor might disagree, for example, about parish property. A bishop may direct a parish priest/ pastor to sell a piece of property or to give it over to meet a diocesan need, and the parish priest/ pastor may judge that to be a bad idea. Such a dispute could become a matter of “hierarchical recourse,” if the parish priest/ pastor appeals a decision he does not support. When disputes over such matters are appealed to Rome, the Congregation for Clergy is often obliged to remind the bishop to respect the rights of the pastor.Similarly, within the scope of universal and particular canon law and the teachings of the Church, a pastor can teach and preach in a way he believes is best suited to the needs of the people. This does not mean, of course, that bishops have no authority over parish priests/ pastors, but their authority is not ABSOLUTE.
In addition, in order to establish particular laws for his diocese, a bishop has the authority to oblige any priest or member of the faithful to do, or not to do, a particular thing he may determine to be detrimental to the wider community. He can do this through a precept, a kind of canonical injunction directed at a specific person or situation.Since a precept is a formal legal action, aparish priest/ pastor has the right to appeal it, provided he does so according to the procedures established by the code of canon law. But he does not have the right to simply ignore a legitimately issued precept. Bishops also have the authority to appoint parish priests/ pastors. Except for very exceptional cases, canon law gives the diocesan bishop a free choice to appoint the priest he thinks is most suitable for the job. This is understandable, since the parish priest/ pastor carries out his role “under the authority of the diocesan bishop in whose ministry of Christ he has been called to share.” (Cf. Canon 381).
A bishop is not free, however, to remove or transfer a pastor from his office without following a detailed and nonnegotiable process defined by the code of canon law.This procedure can only be initiated if a priest has met one or more conditions for removal delineated in the code of canon law, which include actions “gravely detrimental or disturbing to ecclesiastical communion,” along with permanent infirmity of mind or body, a loss of good reputation among his flock, and neglect of his duties in the parish.Even if a parish priest has met those conditions, before he can be removed from the office of pastor, the bishop MUST formally consult with certain priests appointed by the Presbyterial Council, he must allow the parish priest/ pastor the opportunity to see the evidence against him and make a defense, and he must discuss that defense with the priests appointed to consult with him. (Cf. canon 1732-1752).
During this whole process, the bishop can neither remove the pastor nor appoint a replacement. If the bishop does issue a decree of removal, the priest has the right to appeal his case directly to Rome, where the Dicastery for Clergy, or eventually the Apostolic Signatura, can examine the decision and the process used to reach it.A bishop also has the prerogative, in certain limited circumstances, to declare that a priest is impeded from exercising priestly ministry, but that must be done through a delineated process, as well. A bishop could also withdraw certain faculties for ministry from a priest, but only if he has good reasons, and only if he has followed the procedural requirements of the code of canon law.
In short, while no priest has a right to an assignment or to ministry, once a priest is appointed a parish priest/ pastor, he cannot be removed from his office, or from his ministry, without serious cause and without observation of the law’s procedural requirements. Similarly, prohibiting a priest from residing in a certain place can only be done in the limited circumstances allowed by canon law.This also means that, except in very limited and unusual circumstances, a bishop is not within his rights to attempt to remove the legitimate pastor of a parish from its property or to threaten to have the police do so. Were a bishop to do such a thing without observing canonical requirements, and the priest appeal to Rome, it is likely that the Vatican would order the pastor to be reinstated.
Neither can a bishop compel any priest to undergo a psychological evaluation or engage in psychological treatment. While a bishop might condition future assignments on a “clean bill of mental health,” he cannot force a priest to be diagnosed or treated against his will, or to disclose the details of his mental health if he does not wish to do so.
Even though canon 519 says that the pastor exercises “the pastoral care of the community committed to the pastor under the authority of the diocesan bishop in whose ministry of Christ he has been called to share, so that for that same community he carries out the functions of teaching, sanctifying and governing,” it is also important to mention that the authority of the diocesan bishop is not absolute; nor is the autonomy of the pastor, however, he has canonical rights which the diocesan bishops is called to respect. But both exist, as defined by canon law, for the service of the Church and the salvation of souls. (Cf. Can. 1752). Understanding the authority of bishops and the rights of pastors is important. As you could see, the authority of Archbishop Nkeais not absolute, for he cannot just remove a parish priest as he wishes because of a disagreement without following the code of canon law. The parish priest too have rights which must be respected by the diocesan bishop. In our next article, we will enlighten you on the canonical method of proceeding in administrative recourse and in the canonical manner of proceeding in the removal or transfer of a pastor/ parish priest as stipulated in canon 1732-1752.
Nchumbonga George Lekelefac, Doctorandus, University of Münster, Germany; Europe/ USA Chief Correspondent of the SUN Newspaper; Founder/ CEO of Nchumbonga Lekelefac Institute of Research, Documentation, Language and Culture, USA.