FOR SA “fact-checks” CRL claims

Freedom of Religion South Africa (FOR SA) has conducted a “fact-check” of statements by CRL chairperson Thoko Mkhwanazi-Xaluva and Rev Dr John Maloma acting chairperson of the CRL’s Section 22 committee for the Christian sector.

Under FOR SA scrutiny were statements by the two in press conferences and media interviews between January 21 and 25, following the public resignation of Professor Musa Xulu as chairperson of the Section 22 committee.

“Unfortunately, these engagements did not clarify the facts in dispute. Instead, in response to Professor Xulu’s detailed stated reasons for resigning, the CRL and Section 22 committee leadership presented a narrative which failed to engage the substance of Professor Xulu’s allegations, and also appeared to be an attempt to recast the record, shift responsibility, cast doubt on critics though implication, refer to ‘proof’ to be produces at a later stage (while, to our knowledge, none has yet), and create about the purpose, scope, and direction of the Section 22 process, says FOR SA.

The fact-check, which can be viewed in full here, sets out what was said (using direct quotes) and then assesses those statements against the available record and verified information, says FOR SA..

A summary of the fact-check results reads:

CLAIM 1. The Section 22 Committee represents 40 million Christians
Exact quote (CRL chair): “People must do the mathematics themselves.”
Evaluation: FALSE AND MISLEADING

CLAIM 2: “This is not about State control. It is voluntary.”
Evaluation: MISLEADING

CLAIM 3: “A legislative framework just means an enabling structure for self regulation.”
Evaluation: MISLEADING

CLAIM 4: “The Terms of Reference were just discussion guidelines.”
Evaluation: MISLEADING

CLAIM 5: “This is not a policy and does not present a predetermined position.”
Evaluation: MISLEADING

CLAIM 6: “Nobody has criticised the document.”
Evaluation: FALSE

CLAIM 7: “FOR SA took the CRL and Professor Xulu to court.”
Evaluation: FALSE

CLAIM 8: “The CRL had nothing to do with the October 2025 document.”
Evaluation: MISLEADING

CLAIM 9: “Professor Xulu’s resignation press conference was facilitated by FOR SA.”
Evaluation: FALSE

CLAIM 10: “FOR SA violated press freedom by circulating questions.”
Evaluation: FALSE

CLAIM 11: “FOR SA marched to Parliament and the Union Buildings.”
Evaluation: FALSE

CLAIM 12: “No one has been discriminated against.”
Evaluation: MISLEADING

CLAIM 13: Racialised attacks on FOR SA and its leadership.
Evaluation: UNACCEPTABLE AND UNSUBSTANTIATED

CLAIM 14: “Proof will be provided later.”
Evaluation: REMAINS TO BE SEEN

CONCLUSION:
A concerning pattern that cannot be dismissed simply as a mere misunderstanding:
Taken together, these statements indicate consistent themes:

  • Downplaying the extent of state involvement while advancing legislative and regulatory outcomes,
  • Claiming an absence of criticism where documented criticism exists,
  • Mischaracterising critics and their roles,
  • Using race- or identity-based framing that deflects from the substantive issues and legitimate concerns, and
  • Deferring substantiation while asking the public to accept assertions in the interim.
    This cannot credibly be dismissed as mere confusion. It has the effect of obscuring the substantive
    constitutional and legal issues raised.
    FOR SA will continue to insist on transparency, constitutional fidelity, and accurate public discourse.
    The relevant record is now set out in this document.

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