‘Cautious’ optimism as faith leaders engage ANC leadership on religious freedom concerns

Faith leaders and senior ANC leaders at a meeting at Luthuli House. They are, from the left,
Bhekinhlanhla Sibisi, Inkululeko Yesisizwe Associatio (IYA), Thembi Tulwana (IYA), Pastor Bert Pretorius, South Africa Community of Faith Fraternals (SACOFF), Nomvula Mokonyane (ANC Deputy Secretary General), Michael Swain, Freedom of Religion South Africa (FOR SA), Liesl Pretorius (FOR SA) and
Bathabile Dlamini (ANC NEC)

Freedom of Religion South Africa has expressed “cautious” optimism after attending a constructive engagement on Tuesday between senior leadership of the African National Congress (ANC) and senior leaders representing a broad coalition of South Africa’s faith communities.

The meeting, held at Luthuli House and led by ANC Deputy Secretary General Nomvula Mokonyane (DSG), provided an important opportunity for faith leaders to raise longstanding concerns about the direction of the CRL Rights Commission, particularly its current Section 22 process and proposals to introduce a legislative framework to implement a system of State regulation of religion, says FOR SA in a media release.

A significant outcome of the meeting was the clear indication that the issue has reached the highest levels of political attention. The DSG conveyed that both the President and the ANC’s senior leadership are aware of the concerns raised by faith communities and are following developments closely. This acknowledgement is an important step toward ensuring that the matter receives the careful constitutional consideration it deserves.

During the discussion, the DSG reaffirmed the ANC’s commitment to South Africa’s Constitution and the protection of fundamental rights, including the freedom of religion guaranteed in section 15 of the Bill of Rights. It was emphasised that religious freedom should strengthen democracy rather than undermine it,and that the ANC does not support unnecessary legislation that would impose undue burdens on the religious sector.

The DSG also clarified that the CRL Rights Commission (CRL) is an independent institution and does not speak on behalf of the ANC or represent its policy positions. Faith leaders welcomed this clarification, given the widespread perception in parts of the faith community that the CRL’s current agenda may reflect government policy. That perception has been fuelled in part by the president’s 2024 reappointment of the CRL chair, together with repeated public statements by the commission advocating a “legislative framework” to regulate religion.

The ANC’s assurance that the commission operates independently and does not determine ANC policy was therefore an important and helpful clarification. At the same time, it was noted that restoring confidence will require more than statements alone. If the perception that the ANC supports the CRL’s regulatory agenda is to be meaningfully dispelled, this clarification will need to be reflected in aligned decisions, oversight, and actions that reaffirm the constitutional protection of religious freedom.

Participants also agreed on the importance of addressing genuine cases of abuse or criminal conduct wherever they occur, while ensuring that such cases are dealt with through existing laws and proper law-enforcement processes rather than through broad systems of state regulation of religion.

A number of follow-up steps were discussed, including further engagement between faith leaders and relevant parliamentary oversight structures. In particular, the DSG undertook to look for a date before the end of April for a meeting between senior faith leaders and the president.

FOR SA believes this engagement represented a significant and encouraging development, if not a turning point. At the same time, we remain cautious and realistic. The issues raised by the CRL’s proposals have generated deep concern across a wide spectrum of religious communities, and it will be important to ensure that the constitutional principles discussed at the meeting are reflected in concrete decisions and actions.

FOR SA also recognises that the progress reflected in this meeting did not arise in isolation. It is the result of sustained and principled engagement by many individuals, churches, faith organisations, legal advocates, and civil society leaders across South Africa who have consistently raised concerns about proposals to introduce state regulation of religion. Through parliamentary engagement, legal action, public advocacy, and dialogue with government, multiple stakeholders have worked to ensure that the constitutional protection of religious freedom remains firmly safeguarded.

FOR SA remains committed to continuing this constructive engagement with government and other stakeholders. Our goal is to ensure that South Africa protects both the vulnerable and the constitutional freedoms that form the foundation of our democratic society. Further updates will be provided as discussions progress.

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