A Serious Threat To Religious Freedom In South Africa – PEPUDA Amendment Bill

Written by: Dr Peter Hammond
Article Source: Africa Christian Action

The proposed Promotion of Equality and the Prevention of Unfair Discrimination Amendment Bill (PEPUDA) is a Serious Threat to Religious Freedom.

We have serious concerns about how this Bill could undermine our Constitutional Rights to freedom of religion, belief and opinion, freedom of expression, freedom of association and interfere with our freedoms of conscience before God to be free from unwarranted interference by the state and political entities.

It would appear that this Bill could be used to dictate to religious people and institutions what we may, or may not, say, what we may, or may not, do and what we may, or may not, believe. It is not acceptable that any political institutions interfere in the religious freedoms guaranteed by the Constitution.

It is unacceptable, unworkable and unconstitutional that people and institutions of faith could be subjected to time and money wasting court cases simply because someone else chooses to take offence by what one may, or may not, say or do.

Subjective opinion and perceptions can lead to a wide variety of interpretations. It could also lead to an overwhelming flood of litigations that could tie up our legal system, which is already overwhelmed and backlogged, into chaotic competing lawsuits.

We are concerned that the Bill broadens the definition of equality to mean, amongst other things, “equal rights and access to resources, opportunities, benefits and advantages”. This proposed definition of equality goes further than the Constitution. It is dangerously overbroad and therefore unconstitutional.

We are further concerned that the Bill changes the definition of discrimination to mean something completely different to what the ordinary person understands these words to mean. To change discrimination to also mean a subjective perception where someone can take their emotional reaction to attribute motives to someone who may have never even intended any such harm, or discrimination. To effectively punish people for saying, or doing, things they did not know to be wrong and where there was no intention to break the law is a radical departure from the rest of our law.

The Bill in its present form does not distinguish between fair discrimination and unfair discrimination. Any free society allows choices and preferences. To effectively make the accused guilty until proven innocent is unjust and unconstitutional.

To place the burden of proof on the one accused is in violation of the innocent until proven guilty principle long established in law.

The Bill, in its present form, provides for employers to be jointly liable for any perceived discrimination by their employees. This is manifestly unjust. It is virtually impossible for any employer to foresee, or prevent every action, or comment, by every employee, in all circumstances.

The Bill represents an attempted revolution in South Africa’s legal system requiring all laws, policies, codes and practices to get in line with and give effect to the radical ideological objectives and new overbroad definition of equality represented by this Bill.

This Bill represents a serious threat to freedom and a potential weapon for abuse and persecution of individuals, organizations, churches and ministries who may disagree with politicians and their statements.

This Bill imposes onerous financial obligations on community-based organizations, ministries and churches to allocate money from their budgets to implement measures to promote what this Bill now defines as equality and to eliminate discrimination, in the radical senses defined by this Bill. This is a financial impossibility for faith-based organizations, with designated funds and depending on donations by their members.

In effect this Bill threatens communist government type coercion to compel conformity to political ideology. It is unnecessary, unworkable and unconstitutional and for this reason we strongly oppose the Bill and call for the scrapping of this potentially disastrous Bill in its entirety.

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Date published: 17/06/2021
Feature image: Image for illustrative purposes only.
Dr Peter Hammond is a missionary who, during his 40+ years of pioneering missions throughout Africa, has been involved in holding government accountable and informing the public on such matters. Visit frontlinemissionsa.org and savotersguide.org.

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