Religious Freedom: Pastors Protest South African Gov Oversight – Religion Unplugged

Hundreds of Christians from various churches in South Africa came together on Oct. 8 to march to Union Building, the seat of the national government, to protest the establishment of a statutory regulatory body that they say is a violation of their right to freedom of religion.
The march came a week after the Oct. 2 the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) established what is known as the ‘Section 22 Committee’, which aims to regulate the activities of churches in South Africa.
The new committee has ignited a debate on the state’s role in religion, with critics warning that the initiative could pave the way for government control over matters of faith.
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Amid growing concerns over cases of abuse and exploitation of congregants within churches, the CRL defends the committee as a necessary peer-review mechanism to curb abuses and promote accountability as it seeks to “restore order” in the country’s religion sector.
However, the sweeping powers of this committee, which can close churches and ban pastors, have drawn the ire of South Africans from some religious and political groups, most of whom argue that any form of legislated oversight is a violation of citizens’ right to freedom of religion.
While others welcome the proposed oversight to protect vulnerable people from abuses within faith groups, the protestors fear that oversight might quickly drift into legislative regulation of doctrine and faith.
Pastor Mpfariseni Mukhuba of Unity Fellowship Church was one of the protest’s organizers. He told Religion Unplugged that the coalition was opposed to the committee, which they see as specifically targeting Christians, because it is “unnecessary, biased, unlawful and fundamentally in conflict with the Constitution,” as the concerns that the body was supposedly set up to address are already adequately covered by the country’s laws.
“The committee’s mandate appears to target Christian churches specifically, imposing oversight and regulatory measures that go far beyond the role of the CRL Rights Commission,” Mukhuba, who organized the march with the support of the South African Church Defenders Movement.
“[South African Church Defenders Movement] strongly rejects any suggestion that pastors or church leaders are subject to a separate category of accountability called ‘spiritual transgression’ that falls outside South African law. There is no legal recognition of a special ‘spiritual crime.’ A crime committed by a pastor is no different from a crime committed by any other person. South Africa’s criminal and civil law is fully capable of addressing abuse, exploitation, fraud, sexual offenses, and any other criminal conduct, whether committed by a religious leader or a layperson.”
Freedom of Religion South Africa said any form of legislated oversight is a clear violation of the constitutional right to freedom of religion.
“Regulation backed by legislation is, by definition, state regulation,” the organization said in a statement. “Once legislation governs the internal life of religious communities, even if described in terms of ‘self-regulation’, the resulting effect is state control of religion.”
The organization pointed out that attempts by the CRL to regulate the religious sector “like any other profession” are non-starters because religion is distinct from other professions.
“The CRL says religious practitioners can be regulated like any other profession, but there are wide-ranging theological viewpoints within the Christian faith,” a Freedom of Religion South Africa spokesperson wrote. “The Constitutional Court has ruled that even if a belief is ‘bizarre, irrational or illogical’, it is protected by the Constitution. It is therefore impossible to find a set of criteria or an agreed-upon base of knowledge, unlike in professions such as law, medicine, and accounting. Similarly, criminal law already applies to everyone equally; there is no such thing as a ‘spiritual crime’. However, if a religious leader abuses a position of trust, that can and should weigh heavily at sentencing.”
In a statement, the government commission dismissed allegations of trying to regulate churches as a “campaign of disinformation,” stating that it is only implementing Parliament’s recommendation for the self-regulation of churches.
“On the contrary, the issue of concern has been and continues to be about the conduct or behavior of certain religious leaders, who place their church members in harm’s way,” the body said.
The CRL said in 2015 and 2016, it investigated and created a report on the “Commercialization of Religion and Abuse of the People’s Belief Systems,” which unearthed “a series of appalling incidents” within some churches.
“Among the disturbing occurrences were individuals being sprayed with insecticide, made to ingest grass, and consumed petrol, as well as others seen chewing on snakes. Alarmingly, there were also serious allegations of sexual assault against young girls perpetrated by certain religious leaders, alongside harrowing cases where individuals were made to lie down and vehicles driven on them.”
After the CRL presented these findings to Parliament, a recommendation was made in 2018 for the establishment of a self-regulating body for these churches, ultimately creating the Section 22 Committee.
“In response to these recommendations from the Cooperative Governance and Traditional Affairs’ Portfolio Committee regarding self-regulation in the Christian sector, the Commission invoked Section 22 of the CRL Rights Commission Act to establish a Section 22 Committee, which has thus far been constituted and comprises Christian religious leaders from various umbrella organizations, including, inter alia, mainline, independent, charismatic, and Pentecostal churches.”    
This controversy has not been helped by the CRL chairperson Thoko Mkhwanazi-Xaluva’s disparaging comments about Christian faith, in which she declared in an interview that “If someone says God was talking to me, tell them to go to the psychiatric ward!”
The remarks caused the church leaders to question Mkhwanazi-Xaluva’s fitness to lead an institution that deals with issues of faith. Adding to the controversy is the “hand-picking” of the 18 males (several of them from the same umbrella groups) that make up the Committee to the exclusion of others, leading to accusations of lack of transparency and attempts to push a predetermined agenda.
“The all-male Committee is profoundly insulting to women in the church, theologically unsound, and practically undermines the composition Committee’s founding principles,” wrote a group of more than two dozen institutions and individuals.
The South African Union Council of Independent Churches, which also participated in the protest march, says it is ready to take the issue to court. The South African Union Council of Independent Churches president, Cardinal Archbishop Modiri Patrick Shole, told Religion Unplugged that they will not allow the CRL Commission to undermine freedom of worship and association enshrined in the Constitution.
Mukhuba said they are also prepared to take legal action to protect their rights.
“South African Church Defenders Movement sought legal counsel and is preparing papers to challenge the legality and constitutionality of the Section 22 Committee. The challenge will be based on the Committee’s disregard for the Constitution, procedural fairness, and the autonomy of Christian churches.”
Some political parties, such as Africa Mayibuye Movement, the African Christian Democratic Party and Action SA have also voiced their opposition to the establishment of the committee.
Cyril Zenda is a journalist based in Harare, Zimbabwe.
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