Religious freedom advocates welcome ANC statement distancing itself from CRL push for state to regulate Church

President Cyril Ramaphosa, centre, with South African Church Defenders leaders Pastor Mpfariseni Mukhuba, right and Professor Theophilus Mukhuba during an engagement between the ANC and SACD leaders in March (PHOTO: Facebook)

The ANC released a statement on Wednesday stating that it has not called for state regulation of churches and that it believes that churches and religious institutions must be free to govern and regulate their own affairs within the ambit of the Constitution.

South African Church Defenders which was planning a National Christian March to Luthuli House on October 22 says in a statement released on Thursday that it has suspended its protest against proposed state regulation of churches following the ANC’s statement on religious freedom and Church autonomy. It says the march is suspended pending further engagements with the ANC. “The march is on hold, but our position remains unchanged.The struggle for religious freedom continues,” says the SACD.

Freedom of Religion South Africa (FOR SA) says in a statement released on Thursday that it welcomes the ANC’s statement, saying: “We commend the ANC for listening to the concerns raised by faith communities across the country.”

“The CRL Rights Commission must now change course In light of the ANC’s statement, and the widespread opposition to the Section 22 process across faith communities, FOR SA calls on the CRL to suspend the current process,” says for FOR SA…

The CRL’s push for state regulation of religion was in the crosshairs at a religious freedom Imbizo in Cape Town on Otober 3. Keynote speaker at the imbizo, Dr Zweli Mkhize chairperson of the Parliamentary Committee on Cooperative Governance and Traditional Affairs, which oversees the CRL Rights Committee, acknowledged the concerns of opponents to the Section 22 Committee process and assured them the CRL does not have a mandate to create legislation.

Mkhize’s assurances were welcomed by Michael Swain executive director of FOR SA but he cautioned that the Section 22 Committee’s governing documents still propose compulsory registration of churches, a public register and sanctions.

The host of the religious freedom imbizo, Bishop Templeton Mbekwa, who heads the African Religious and Traditional Leaders Council, told Gateway News that they expect that Mkhize will call a follow-up meeting soon with religious and other leaders opposed to state control of religion.

In Wenesday’s statement the ANC said it shares a profound historical relationship with the church and that earlier this year national officials of the party had met with the leadership of the SACD on matters of mutual interest and concern.

The statement says: “The constitutional right to freedom of religion, belief and association is a fundamental democratic gain secured through the sacrifices of generations of South Africans as led by the ANC. It must be protected and respected, while ensuring that religious institutions uphold the rights, dignity and wellbeing of all people. The ANC respects the concerns raised by SACD and remains committed to constructive engagement with the organisation and the broader religious community to ensure that these matters are addressed through dialogue, mutual respect and fidelity to the Constitution.

“We remain unshakable in our defence of the constitutional rights and freedoms of all religious communities, including religious minorities. Freedom of religion, belief and association constitutes an indispensable pillar of our constitutional democracy and is firmly entrenched in the Bill of Rights.”

In its response to the ANC’s statement, SACD says: “We regard this statement as a significant and positive development in our ongoing struggle to defend the constitutional rights of the Church in South Africa.

“This development did not happen in isolation. It follows several engagements between SACD and the ANC leadership.. engaged with the ANC Deputy Secretary-General (DSG) and other senior leaders in March 2026. These engagements were followed by a meeting with the ANC’s top 6 national leadership, including president Cyril Rarnaphosa and Deputy President Paul Mashatile. We also met with the National Chaplaincy of the ANC, led by Dr Vukile Mehana and we recently had a meeting with the Chairperson of Parliament’s Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA), Dr Zweli Mkhize.”

“Throughout these engagements, SACD has consistently maintained that the constitutional freedom of religion is non-negotiable and that the Church cannot be subjected to unconstitutional state control under the disguise of self-regulation as proposed by the CRL Rights Commission.”

FOR SA says in its statement that the Section 22 Committee’s Terms of Reference and Draft Framework should either be amended to remove any provision for legislation, a statutory council, or the registration or licensing of religious institutions and leaders, or the process should be brought to an end.

“In our view, continuing to spend public money on a process the largest GNU party has not endorsed is difficult to justify. FOR SA also urges Parliament’s legal advisers to finalise, without further delay, their overdue opinion on the legality of establishing the Section 22 Committee and its Terms of Reference.

“FOR SA’s position is that existing laws of general application are the right answer to abuse, fraud and misconduct by anyone, including religious leaders. These include criminal, child protection, tax, consumer protection and non-profit laws, and they must be properly enforced. Religious communities remain free to form their own voluntary associations and codes of conduct, and equally free to leave them. Such bodies must be owned and run by the communities themselves and not established or backed by the state.

“FOR SA is non-partisan, and we welcome clear commitments on religious freedom from every political party. On 7 October 2026, FOR SA wrote to every party represented in the National Assembly asking for its position on state regulation of religion, and we are now receiving responses. We remain open to continued engagement with the ANC, and with all parties, on this matter. Freedom of religion belongs to every South African, of every faith and of none.”

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