The Portfolio Committee on Cooperative Governance and Traditional Affairs today reaffirmed that freedom of religion is constitutionally guaranteed and must be protected, and that congregants must be protected from abuse.
The committee met with religious leaders amid rising concerns about the Commission for Cultural, Religious and Linguistic Rights (CRL) Commission's handling of the establishment of its Section 22 Committee and matters relating to religious freedom. Following an earlier march by the religious sector to Parliament, the Speaker of the National Assembly had issued a clear instruction that this matter needs to be given serious attention. The Chairperson of the (COGTA) committee, Dr Zweli Mkhize, noted that, in response to this instruction, the committee had already undertaken a lot of work, including meetings and seeking a legal opinion to clarify questions of law relating to the Section 22 process.
During the meeting, various representatives of religious and faith-based institutions raised objections to the establishment of the S22 Committee, including concerns about inclusivity, religious representation and the purpose of the Section 22 Committee established by the CRL Commission. Section 22 of the CRL Act provides that the Commission may establish one or more committees consisting of members only or members and staff, or other persons, to assist it in the performance of its functions.
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The Section 22 Committee was established in light of allegations of harmful practices by certain church leaders who were reportedly forcing churchgoers to eat grass and drink petrol, among other things. By establishing the Section 22 Committee, the Commission sought to create a legislative framework to promote peer-review mechanisms in the religious sector, among other areas.
Religious representatives told the committee that the process of establishing the Section 22 Committee did not involve a sufficiently broad range of church organisations. They also questioned the numbers claimed to have been consulted, as many felt they were excluded from the process. Others argued that the issue was not confined to Christianity but had an impact on all faith traditions, including Islam. The faith representatives condemned any transgressions of faith leaders and broadly agreed that any such transgressions in the religious sector must be reported and dealt with through the criminal justice system. However, many were concerned about the possibility of state regulation of churches and feared that the process could lead to legislation that would enable government to regulate religious institutions.
The COGTA committee Chairperson, Dr Zweli Mkhize, said the committee's role at this stage is to determine whether there are "adequate areas of common understanding" across religious bodies on how to address abuse and misconduct within a framework that respects constitutional rights. He said the committee will continue to engage with other church leaders, meet with the CRL Commission, the Minister of COGTA, and other stakeholders to assess whether common ground can be found separate from matters currently before the courts.
Parallel to the parliamentary process, the South African Church Defenders (SACD) earlier initiated legal proceedings asking the Gauteng High Court to annul the Section 22 Committee and declare all its actions unlawful, among other things. On Wednesday, religious leaders again called for the suspension of the Section 22 process and raised concerns about statements made by the Chairperson of the Commission.
Following the engagement, Dr Mkhize noted a basket of issues the committee will need to address. Among them is the need to address abuses within religious institutions, the application of existing laws to criminal transgressions in the religious sector, the constitutional protection of freedom of religion, current proposals for internal codes of conduct, the constitutionality of the Section 22 mandate, as well as concerns raised about the conduct and statements of the Commission's leadership. Dr Mkhize highlighted that Parliament is the appropriate platform for faith communities to express concerns relating to their constitutional rights.
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He said that the committee will research and consider these matters but it is not yet in a position to comment. "The committee will continue consultations with more stakeholders, separately and analyse the issues raised, and ultimately report back to the Speaker. This report will reflect both previous submissions and the new matters raised during the seventh administration," he said. The Chairperson added that further engagements will follow as part of this process, with the aim of identifying areas of agreement, outstanding issues and a constructive way forward.
