Written by Pastor Bert Pretorius, President of SACOFF
On Wednesday, 11 February 2026, the Portfolio Committee on Cooperative Governance and
Traditional Affairs (COGTA) convened an online Zoom meeting with representatives of the
religious sector to address growing concerns surrounding the Commission for Cultural,
Religious and Linguistic Rights (CRL Commission) and the establishment of its Section 22
Committee.
SACOFF — the South African Community of Faith-Based Fraternals and Federations —
participated in the virtual engagement. We left that online meeting encouraged.
Not because all differences have been resolved. But because we were heard. And because
Parliament reaffirmed a principle that must anchor this national conversation: freedom of
religion is constitutionally guaranteed and must be protected — and congregants must
equally be protected from abuse.]
A Constitutional Conversation — Even Across Screens
Although the meeting was conducted virtually, the substance of the engagement was
significant. The Chairperson of the Committee, Dr Zweli Mkhize, emphasised that Parliament’s role at
this stage is to determine whether there are adequate areas of common understanding across
religious bodies on how to address misconduct — within a framework that respects
constitutional rights.
This balanced framing is critical. South Africa’s Constitution protects: Freedom of religion
(Sec 15) and the right of religious communities to practise collectively (Sec 31). These are
not privileges granted by the state. They are entrenched constitutional rights.
At the same time, SACOFF has consistently condemned harmful and criminal practices
within any religious space. Where abuse occurs, it must be addressed decisively — through
existing criminal law and the justice system.
The debate is therefore not about whether accountability is necessary. It is about how
accountability is structured, and whether such structures align with constitutional
principles.
SACOFF’s Position: Accountability Yes, Overreach No
SACOFF represents 239 member bodies and approximately 21,000 churches across South
Africa. These include independent churches, networks, federations and established
denominations.
Importantly, in recent years, many previously unaffiliated churches have voluntarily
associated themselves with recognised umbrella bodies like SACOFF. This development
signals something important:
The faith sector is not resisting accountability. It is actively seeking peer-based accountability
within constitutionally compliant frameworks. Our concerns relate to process and
constitutional alignment.
During engagements with the CRL Commission under the leadership of Ms Thoko
Mkhwanazi-Xaluva, SACOFF and other umbrella bodies experienced exclusion from key
processes concerning the Section 22 Committee. In some instances, our representatives were
prevented from participating in meetings despite being legitimate stakeholders.
“SACOFF with its partners submitted detailed alternative recommendations aimed at
strengthening ethical oversight without creating parallel regulatory structures that could
amount to state regulation of religion. These proposals were practical, legally grounded, and
sector-informed.” said pastor Jan Pretorius representing SACOFF at the online meeting.
The perception that emerged was that engagement may not have fully incorporated sector
input, despite repeated submissions and requests for dialogue.
The recent resignation of Professor Musa K. Xulu has further intensified questions regarding
governance stability within the Commission. Public statements attributed to him appear to
echo concerns that SACOFF and others have consistently raised about internal processes and
stakeholder engagement. This matter is not about personalities. It is about institutional integrity and constitutional alignment.
Parliament as the Proper Forum
One of the most encouraging aspects of Wednesday’s virtual engagement was the tone
adopted by the Committee.
Dr Mkhize reaffirmed that Parliament is the appropriate platform for faith communities to
express concerns relating to their constitutional rights. The Committee undertook to continue
consultations, examine legal questions carefully, and ultimately report back to the Speaker of
the National Assembly. Importantly, the Committee has not rushed to conclusions. They will:
- Research the constitutionality of the Section 22 mandate
- Consider internal codes of conduct proposed by faith bodies
- Review the application of existing laws to criminal misconduct
- Examine governance concerns raised about the CRL
This measured and principled approach creates space for constructive outcomes.
The Way Forward: Partnership Over Polarisation
South Africa does not need a confrontation between the state and the faith sector. It needs
collaboration grounded in constitutional values.
There is already common ground: - Abuse must be addressed.
- Criminal acts must be prosecuted.
- Congregants deserve protection.
- Constitutional freedoms must remain intact.
The task ahead is to design mechanisms that strengthen accountability without undermining
religious freedom.
South African Community of Faith-Based Fraternals and Federations believes:
- Shared commitment to safe and accountable faith communities
- Recognition of the CRL’s constitutional role
- Support for genuine self-governance, not state oversight
- Existing laws are sufficient if properly enforced
- Legislated “self-regulation” equates to state control
- Voluntary Religious Freedom Charter and Code already exist
- Ongoing commitment to dialogue and protection of religious freedom
A Positive Outlook
Even though Wednesday’s meeting took place via Zoom, the engagement was substantive and
serious.
The faith sector was listened to.
Parliament did not take sides.
The Committee committed to research, consultation and constitutional analysis.
For SACOFF, this signals progress.
South Africa’s democracy is strongest when complex matters are addressed through
structured dialogue — whether in a parliamentary chamber or across digital platforms.
We remain confident that common ground can be found — one that protects congregants
from harm, safeguards religious freedom, and strengthens trust between constitutional
institutions and faith communities.
SACOFF stands ready to collaborate in good faith ensuring ccountability and constitutional
freedom are not opposing principles. If handled correctly, they reinforce one another — for
the good of South Africa.
God bless South Africa.
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Date published: 03/03/2026
Feature images sourced from FreePik
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