The implications of judicial non-intervention in religious matters: a South African human rights law perspective A

dc.contributor.advisorMailula, D. T.
dc.contributor.authorMukwevho, Tshimangadzo Donald
dc.date2021
dc.date.accessioned2023-01-11T10:16:27Z
dc.date.available2023-01-11T10:16:27Z
dc.date.issued2022-11-10
dc.descriptionLLM (Human Rights)en_ZA
dc.descriptionDepartment of Public Law
dc.description.abstractSince the decision by the court in Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park, there has been a rise in advocacy on the need to ensure strict protection of human rights, specifically with reference to religious freedom, equality, and freedom of association. The core issue in this case was the accepted forms of intimate relationships allowed within the church in relation to the leadership roles the individuals play within the same church. Relationships involving same sex persons were not allowed. Furthermore, women were only allowed to undertake certain limited church based activities such as cleaning and the safety of the church, while men’s activities within the same church were not limited. The court in Ecclesia De Lange v the Presiding Bishop of the Methodist Church of Southern Africa attempted to resolve the problems emanating from the religious doctrine and the expected conduct of the members ascribed to a certain religion, by answering the question on how the dispute within the religious context should be dealt with. However, the court failed to address the implications of the developed jurisprudential perspective that courts should not interfere with religious doctrinal matters. The main purpose of this study is to critically assess the doctrine of entanglement with religious matters adopted by the courts, and its implications on the protection of the right to freedom of religion, culture, and equality in an open democratic South Africa. A doctrinal method of research will be employed. The doctrinal method of research allows access to information remotely through desktop research. A doctrinal approach allows for the analysis of materials to support the hypothesis. As this study requires analysis of the doctrine of entanglement and the manner in which the doctrine is interpreted and applied in South Africa, analysis of its historical background and development, case laws and opinions of other scholars will be essential, as it all forms part of the doctrinal perspective to research. The hypothesis states that the interpretation and the application of the doctrine of non-entanglement leave a gap in ensuring the effective protection of human rights by the judiciary.en_ZA
dc.description.sponsorshipNRFen_ZA
dc.format.extent1 online resource (xiii, 82 leaves)
dc.identifier.apacitationMukwevho, T. D. (2022). <i>The implications of judicial non-intervention in religious matters: a South African human rights law perspective A</i>. (). . Retrieved from https://hdl.handle.net/11602/2391en_ZA
dc.identifier.chicagocitationMukwevho, Tshimangadzo Donald. <i>"The implications of judicial non-intervention in religious matters: a South African human rights law perspective A."</i> ., , 2022. https://hdl.handle.net/11602/2391en_ZA
dc.identifier.citationMukwevho, T. D. (2021) The implications of judicial non-intervention in religious matters: a South African human rights law perspective. University of Venda. South Africa.<https://hdl.handle.net/11602/2391>.
dc.identifier.ris TY - Dissertation AU - Mukwevho, Tshimangadzo Donald AB - Since the decision by the court in Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park, there has been a rise in advocacy on the need to ensure strict protection of human rights, specifically with reference to religious freedom, equality, and freedom of association. The core issue in this case was the accepted forms of intimate relationships allowed within the church in relation to the leadership roles the individuals play within the same church. Relationships involving same sex persons were not allowed. Furthermore, women were only allowed to undertake certain limited church based activities such as cleaning and the safety of the church, while men’s activities within the same church were not limited. The court in Ecclesia De Lange v the Presiding Bishop of the Methodist Church of Southern Africa attempted to resolve the problems emanating from the religious doctrine and the expected conduct of the members ascribed to a certain religion, by answering the question on how the dispute within the religious context should be dealt with. However, the court failed to address the implications of the developed jurisprudential perspective that courts should not interfere with religious doctrinal matters. The main purpose of this study is to critically assess the doctrine of entanglement with religious matters adopted by the courts, and its implications on the protection of the right to freedom of religion, culture, and equality in an open democratic South Africa. A doctrinal method of research will be employed. The doctrinal method of research allows access to information remotely through desktop research. A doctrinal approach allows for the analysis of materials to support the hypothesis. As this study requires analysis of the doctrine of entanglement and the manner in which the doctrine is interpreted and applied in South Africa, analysis of its historical background and development, case laws and opinions of other scholars will be essential, as it all forms part of the doctrinal perspective to research. The hypothesis states that the interpretation and the application of the doctrine of non-entanglement leave a gap in ensuring the effective protection of human rights by the judiciary. DA - 2022-11-10 DB - ResearchSpace DP - Univen KW - Entanglement KW - Religious freedom KW - Equality KW - Freedom of association LK - http://univendspace.univen.ac.za PY - 2022 T1 - The implications of judicial non-intervention in religious matters: a South African human rights law perspective A TI - The implications of judicial non-intervention in religious matters: a South African human rights law perspective A UR - https://hdl.handle.net/11602/2391 ER - en_ZA
dc.identifier.urihttps://hdl.handle.net/11602/2391
dc.identifier.vancouvercitationMukwevho TD. The implications of judicial non-intervention in religious matters: a South African human rights law perspective A. []. , 2022 [cited yyyy month dd]. Available from: https://hdl.handle.net/11602/2391en_ZA
dc.language.isoenen_ZA
dc.rightsUniversity of Venda
dc.subjectEntanglementen_ZA
dc.subjectReligious freedomen_ZA
dc.subjectEqualityen_ZA
dc.subjectFreedom of associationen_ZA
dc.subject.ddc342.08520968
dc.subject.lcshFreedom of religion -- South Africa
dc.subject.lcshReligion -- South Africa
dc.subject.lcshReligion and law -- South Africa
dc.subject.lcshReligion and law -- South Africa
dc.titleThe implications of judicial non-intervention in religious matters: a South African human rights law perspective Aen_ZA
dc.typeDissertationen_ZA

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