Regulation of Religious Groups in South Africa and International Human Rights Standards

Abstract

In recent times, South Africa has had to contend with multiple challenges pertaining to religion and the manner in which it is being manifested. Cases abound of people allegedly engaging in acts such as gulping petrol, being placed in deep freezers and pesticides sprays as part and parcel of religion and religious practices. There are reports suggesting that some are involved in crimes such as money laundering, extortion, fraud, sexual acts and other illegal acts claiming that these acts are religious acts. This state of affairs has awakened reactions from various sections in South Africa’s Society more importantly, the commission which deals with religious matters - the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) which has responded to these realities by making a call for regulation of religious activities. The CRL Commission hopes that regulating religious groups will help address and bring to an end some of these practices, which according to it, are unacceptable. The CRL Commission contends, among others, that people should face reality and stop engaging in such practices and belief systems. However, some religious organizations such as Freedom of Religion South Africa (FOR SA) and others have been rejecting such proposals by the CRL Commission claiming CRL Commission is not the right organ to regulate religious practices and such is interfering with freedom of religion as guaranteed by the Constitution. Those religious organizations even question the CRL Commission’s mandate and powers. Although CRL Commission claims to regulate religious practices so that it may end controversial practices, some people remain committed to their beliefs and religious practices, going as far as to demand that the government, including chapter nine institutions such as the CRL Commission should steer clear of interfering in their religious choices. Amidst all this, it is not in dispute that some of the religious practices in some churches have an element of criminality. All these surrounding circumstances make the issue of religious practices and regulation a complex one. This research assesses the practicality and constitutionality of regulating religious beliefs and practices by measuring the CRL Commission’s proposals against both international human rights standards and South Africa’s national laws. This research evaluates the constitutional mandate and objectives of the CRL Commission and also addresses the question of whether there are some legal frameworks in place that can effectively address the concerns raised by the CRL Commission such as criminality and other alleged unlawful acts. This study went as far as assessing how other countries addressed any related act which might have occurred in their countries. In addressing these issues, the methodology used is doctrinal.