Written by: FOR SA
Article source: Supplied
Freedom of Religion South Africa (FOR SA) notes with concern the recent comments made by the newly re-appointed Chairperson of the CRL Rights Commission, Ms. Thoko Mkhwanazi-Xaluva, during an interview on Newzroom Afrika.
**please watch the below video from 05:36 – 09:29**
WATCH FORSA’s YouTube response here:
In the interview, Ms. Mkhwanazi-Xaluva reiterated her call for state regulation of religion, proposing the establishment of state-appointed peer review committees to assess individuals seeking to become religious leaders or start churches. According to her, these committees would determine whether (or not) to grant individuals a license to work as a religious practitioner or to operate a church. They would also have the authority to suspend or dismiss religious leaders found guilty of wrongdoing. She further urged Parliament to pass legislation enforcing this system, stating that “it’s not business as usual around churches anymore.”
Ms. Mkhwanazi-Xaluva acknowledged that by the end of her first tenure as CRL Chair, this matter had “fallen off the table for whatever reason” but declared that “it’s back on the table now, squarely,” with plans to form a committee to push the legislation through Parliament.
However, the proposal did not fall of the table for “whatever reason”. It was rejected after extensive scrutiny during five days of hearings before the COGTA Parliamentary Portfolio Committee, where the overwhelming majority of South Africa’s faith communities opposed state regulation of religion. COGTA acknowledged this broad-based opposition and recommended that the faith sector develop its own self-regulatory mechanisms. It stated that “We must be mindful not to use the abuses of religion as a motivation to introduce regulations that would infringe on the rights and freedoms of religious individuals and organisations.”
FOR SA’s view is that this proposal is:
Unnecessary: A crime is a crime—whether committed by a politician, a pastor, or a postman. Those who commit crimes should face the full force of the law. Every case cited in the CRL’s report on The Commercialisation of Religion and the Abuse of People’s Belief Systems was already covered under South African law. The issue is not a lack of regulation but rather a lack of enforcement of existing laws. The real agenda is therefore not to prevent criminal acts, but to control the religious sector.
Unconstitutional: When the State has the power to decide who can (or cannot) be a religious practitioner or start a religious organisation, any meaningful right to religious freedom ceases to exist. According to the CRL Chair, legislation will establish a Peer Review mechanism to license (and thereby control) Religious Organisations and Religious Practitioners. The CRL (an institution of the State) would be the “final arbiter of religion” have the “final decision powers” regarding any dispute in the religious community.
In effect, a government arm will have oversight over religious doctrine and practice under the guise of peer accountability.
Unworkable: A massive bureaucracy will be required to register, monitor and (potentially) discipline the diverse faith communities of South Africa. The opportunities for corruption and incompetence are self-evident.
Please look out for further updates on this vital religious freedom battle. If we do not stand together to uphold and protect this sacred right, we are in grave danger of losing it!
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Date published: 13/03/2025
Feature image: Image for illustrative purposes only.
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