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Mailula, D. T. Mukwevho, Tshimangadzo Donald 2021 2023-01-11T10:16:27Z 2023-01-11T10:16:27Z 2022-11-10 Mukwevho, T. D. (2021) The implications of judicial non-intervention in religious matters: a South African human rights law perspective. University of Venda. South Africa.<http://hdl.handle.net/11602/2391>. http://hdl.handle.net/11602/2391 Mukwevho 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: http://hdl.handle.net/11602/2391 Mukwevho, T. D. (2022). <i>The implications of judicial non-intervention in religious matters: a South African human rights law perspective A</i>. (). . Retrieved from http://hdl.handle.net/11602/2391 Mukwevho, Tshimangadzo Donald. <i>"The implications of judicial non-intervention in religious matters: a South African human rights law perspective A."</i> ., , 2022. http://hdl.handle.net/11602/2391 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 - https://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 - http://hdl.handle.net/11602/2391 ER - LLM (Human Rights) Department of Public Law 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. NRF 1 online resource (xiii, 82 leaves) en University of Venda Entanglement UCTD Religious freedom Equality Freedom of association 342.08520968 Freedom of religion -- South Africa Religion -- South Africa Religion and law -- South Africa Religion and law -- South Africa The implications of judicial non-intervention in religious matters: a South African human rights law perspective A Dissertation open.access