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The South African Community of Faith-Based Fraternals and Federations (SACOFF) and Freedom of Religion South Africa (FOR SA) have both released statements warning that “self regulation” by the religious sector that is enforced by legislation amounts to state control and is a threat to religious freedom.
The two organisations were responding to the CRL Rights Commission’s launch last Thursday of a Section 22 Committee tasked with creating a “self-regulatory” framework and code of conduct to govern the religious community and protect congregants from abuse and exploitation. CRL chair Thoko Mkhwanazi-Xaluva said at the launch that the committee’s proposals would be presented to Parliament.
Both SACOFF and FOR SA expressed support for the goal of safeguarding congregants from exploitation and abuse. However they said that existing laws were sufficient for this purpose if properly enforced and that the faith community already has a voluntary charter and code of conduct that were developed through extensive consultation.
SACOFF president Pastor Bert Pretorius said that rather than new legislation, SACOFF calls for stronger cooperation between law enforcement, civil society, and faith-based institutions to ensure that the current laws are enforced effectively and fairly.
He said SACOFF remains fully engaged in constructive dialogue with the CRL Rights Commission, government, and other key partners to advance mutual understanding and national unity. He said the organisation supports genuine self-governance driven by internal peer-review mechanisms and ethical leadership, rather than government-imposed oversight structures.
He said legislated “self regulation”, would in practice amount to state control. “Such a move risks eroding the independence of religious institutions and undermining the very freedoms enshrined in South Africa’s Constitution, which includes the freedom to speak truth to power.”
Michael Swain executive director of FOR SA said in a statement released last Friday that they fully support true self-regulation within the religious sector. “We believe that existing laws, properly enforced, combined with education and sector-led initiatives, can address misconduct without compromising constitutional freedoms. “
He said: “The CRL says religious practitioners can be regulated like any other profession, but there are wide-ranging theological viewpoints within the Christian faith. The Constitutional Court has ruled that even if a belief is ‘bizarre, irrational or illogical’, it is protected by the Constitution. It is therefore impossible to find a set of criteria or an agreed-upon base of knowledge, unlike in professions such as law, medicine, and accounting. Similarly, criminal law already applies to everyone equally; there is no such thing as a “spiritual crime”. However, if a religious leader abuses a position of trust, that can and should weigh heavily at sentencing.
“We therefore note with concern references to the need for legislation to enable ‘enforcement’. However well-intended, regulation backed by legislation is, by definition, state regulation.”
“Once legislation governs the internal life of religious communities, even if described in terms of ‘self-regulation’, the effective result is state control of religion. From a constitutional perspective, this is unacceptable because it infringes upon the right to freedom of religion and the collective rights of religious communities to determine their doctrine, governance, and practices without state interference,” he said.
“Finally, we highlight concerns already raised within the sector regarding the Committee’s composition and the transparency of its selection process. In the interest of openness and transparency, we urge the CRL to clarify this, as it would help foster trust and enhance the quality of public participation,” said Swain.
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