One of the (very important) functions of courts of law, is to keep the executive branch of Government in check. That is how the balance of power works in a democracy – the legislature makes the law, the executive branches implement or give effect to that law, and the courts […]
Author: Daniela Ellerbeck
Clarity sought following department’s contradictory statements on CSE
By Daniela Ellerbeck, FOR SA legal advisor At the meeting between the Department of Basic Education (DBE) and religious and traditional leaders in Pretoria on Thursday January 23 , the DBE’s Deputy Director-General, Dr Granville Whittle, in no uncertain terms stated that once the pilot phase has been completed, scripted lesson […]
DBE says it will consult parents, teachers on Comprehensive Sexuality Education content
An update on the status of Comprehensive Sexuality Education by Daniela Ellerbeck, legal adviser to Freedom of Religion SA (FOR SA) Freedom of Religion South Africa (FOR SA) recently again met with the Department of Basic Education (“the DBE) to discuss various questions and concerns regarding the proposed implementation of […]
Bad pastors and the law: Part 4 — When a church lacks good governance
In this series of articles, Freedom of Religion South Africa (FOR SA) discusses existing legal remedies for abuses or strange practices by religious leaders highlighted by the CRL Rights Commission and the media. FOR SA has consistently cited applicable existing laws as one of its objections to state regulation of […]
‘Bad pastors’ and the law: Part 3 — When a pastor does strange (but not harmful or unlawful) things
In this series of articles, Freedom of Religion South Africa (FOR SA) discusses existing legal remedies for abuses or strange practices by religious leaders highlighted by the CRL Rights Commission and the media. FOR SA has consistently cited applicable existing laws as one of its objections to state regulation of […]
‘Bad pastors’ and the law: Part 2 — When a pastor makes fantastical and false claims or promises
In this series of articles, Freedom of Religion South Africa (FOR SA) discusses existing legal remedies for abuses or strange practices by religious leaders highlighted by the CRL Rights Commission and the media. FOR SA has consistently cited applicable existing laws as one of its objections to state regulation of […]
‘Bad pastors’ and the law: Part 1 — When a pastor commits criminal or illegal acts in the name of religion
In this series of articles, Freedom of Religion South Africa (FOR SA) discusses existing legal remedies for abuses or strange practices by religious leaders highlighted by the CRL Rights Commission and the media. FOR SA has consistently cited applicable existing laws as one of its objections to state regulation of […]
Church autonomy defended in important Gaum vs Dutch Reformed Church case
The Alliance Defending the Autonomy of Churches in South Africa (Adacsa) has been admitted as a “friend of the Court” (amicus curiae) in the Gaum vs Dutch Reformed Church (DRC) case which poses a threat to the autonomy of the Church and broader religious community in South Africa. This […]
Sacrificing tolerance on the altar of diversity — Daniela Ellerbeck
By Daniela Ellerbeck, Legal Advisor for FOR SA I often ask myself if a day is coming when I will not be allowed to practise as an attorney anymore because of my Christian beliefs. When I read international decisions such as this month’s Trinity Western judgment by the Supreme Court […]
Why the story of an American baker matters to religious freedom in South Africa — Daniela Ellerbeck
By Daniela Ellerbeck, legal adviser to FOR SA In an important decision this month, the Supreme Court of the United States (SCOTUS) affirmed the right of religious people to have their beliefs treated with dignity and respect by the government. The question the court had to answer in this case, […]