Written by: Dr Pearl Kupe
Article source: JOY! Magazine

South Africa is edging towards a model of state control over the Church that mirrors troubling patterns elsewhere in Africa. The recent launch of the Cultural, Religious and Linguistic (CRL) Rights Commission’s Section 22 committee at Rhema Bible Church on Thursday 2 October 2025 signals an intent to create structures that will oversee, accredit, and potentially punish churches and ministers. This raises serious constitutional, legal, and spiritual concerns for the Body of Christ. We must be informed, united, and prayerful as we respond.

Mandate of the Section 22 committee
According to the CRL, a key mandate of the Section 22 committee is to establish a so-called “peer review council” to exercise oversight over churches, ministers of the Gospel, and Christian organisations. The council’s proposed powers are extensive, including the ability to:

  • restrict the activity of pastors, churches, or organisations in certain instances;
  • shut down pastors, organisations, and churches reported for criminal or illegal activity, even on the basis of untested allegations. This runs contrary to the legal principle audi alteram partem (hear the other side) and the presumption of innocence until proven guilty;
  • impose mandatory training and supervision where the council deems it necessary;
  • revoke, cancel, or suspend the marriage licences of marriage officers in certain instances;
  • impose fines at the council’s discretion; and
  • enforce punitive practices such as restitution to those identified as “victims”.

Independence of the Section 22 committee
The chairperson of the CRL, Ms Thoko Mkhwanazi-Xaluva, has claimed that the Section 22 committee is independent of the CRL and that she will not be involved in the process. However, a committee financed, staffed, and administratively serviced by the CRL – and reporting back to the CRL – cannot meaningfully be described as independent. In reality, the Section 22 committee is established, resourced, and overseen by the CRL, from which it receives its mandate and marching orders.

How has state regulation worked in other African nations?
If South Africa is not careful, we may follow the path of nations where state regulation has curtailed church life and religious freedom.

RWANDA
State regulation is not new in Rwanda. In 2018, approximately 9000 churches were shut down; in 2024, around 8000 faith institutions reportedly faced closure. The Rwanda Governance Board has also considered imposing taxes on churches. Each church is required to have a legal representative with a theology degree. Leaders who occupy national roles or supervise groups of local churches or regional parishes must hold a university degree with a certificate in theology, or a theology degree. Rwandan law further prohibits faith-based organisations from engaging in certain political activities.

ANGOLA
In Angola, only pastors with official theological degrees are recognised as religious practitioners. To register legally as a church, notarised signatures from 60 000 legal residents are required, with at least 1000 from each of the 18 provinces – an onerous and costly requirement. Churches must submit documents detailing their organisational structure, worship methods, financial resources, construction plans, and doctrinal beliefs, ensuring alignment with the Angolan Constitution. Reports released in 2019 indicate that approximately 2300 churches were shut down.

The Church must resist state overreach and guard religious freedom.

Current action in South Africa
Two legal challenges are being prepared against the CRL. Among other issues, the legality of the composition of the Section 22 committee will be tested in court, particularly in light of COGTA’s earlier recommendation that churches be allowed to self-regulate without interference from the CRL.

Public participation call by the Section 22 committee
The chairperson of the Section 22 committee, Prof Musa Xulu, has called on churches and organisations to participate in a nationwide two-step consultation process on a draft document compiled by the committee. At the time of writing, no draft had been circulated. Invitations to make input were issued without the draft being provided.

Concerning process
It is deeply concerning that a draft may be produced and advanced without genuine participation from the public and key church leaders. This approach appears to infringe the very constitutional democracy that the CRL cites as its modus operandi.

Call to action
The Church must continue to pray against state regulation and mobilise for unity. Pastoral forums should come together at provincial level – for unity’s sake and to ensure clear, rapid communication. We must watch, pray, and engage lawfully and wisely to defend religious freedom in South Africa. “We ought to obey God rather than men” (Acts 5:29).

#SayNoToStateRegulation

This article is featured in the December issue of JOY! Magazine. Read a digital version of this magazine here: joygifts.co.za

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Date published: 24/11/2025
DR Pearl Kupe – attorney and consultant to world leaders and international organisations, as well as TV show host on TBN Africa (DSTV channel 343). Visit pearlkupe.co.za or email pearl.kupe@gmail.com.
Feature image: Image for illustrative purposes only. Artwork adapted from

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