South African Church Defenders takes legal action to challenge CRL Rights Commission's new oversight committee
The South African Church Defenders (SACD) has filed a review application in the Johannesburg High Court challenging the establishment of the Section 22 oversight committee by the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission).
The Section 22 committee according to the CRL Rights Commission is a peer-review mechanism to promote accountability and curb abuse within religious organisations.
However the establishment of the committee has faced fierce opposition from religious organisations.
The SACD said in a statement on Thursday that the CRL Commission had unlawfully established a “Section 22 Committee” to craft a sweeping regulatory regime over churches, doctrine, governance structures and religious leadership.
“This was done without statutory authority, without public participation, and in open defiance of Parliament’s previous decision rejecting the CRL’s regulatory agenda.
“The move revealed a calculated effort to revive a rejected programme and impose state control over the Christian community. Despite thousands of believers mobilising from Pretoria to Cape Town during the marches on October 8 and 13 November 13, when the memorandum was presented to the President and Parliament, the CRL’s leadership refused to cease its unlawful actions,” said the SACD.
The organisation said in its review application it is seeking that the court declare:
- Declaring the Section 22 Committee unlawful
- Striking down the CRL’s attempts to regulate doctrine, governance, leadership and training
- Setting aside the CRL’S reckless classification of charismatic churches as a so-called “national security threat”.
The SACD said the application was formally served on the CRL Commission, its chairperson Thoko Mkhwanazi-Xaluva, chairperson of the Section 22 Committee, Musa Xulu and the Minister of Co-operative Governance and Traditional Affairs.
“We will pursue this case relentlessly driven by our commitment to defend the Church, safeguard constitutional rights and ensure that no individual or institution is permitted to erode the freedoms guaranteed to every believer in this nation,” said the SACD.
In a separate statement, Michael Swain, Executive Director of Freedom of Religion South Africa said the case has far-reaching implications.
“Having carefully examined the papers, it is clear that this case strikes at the very heart of South Africa’s constitutional democracy,” he states.
“This is not merely a procedural flaw or administrative oversight. The evidence strongly indicates that the CRL acted beyond its authority and misrepresented Parliament’s 2018 findings, publicly claiming approval for a regulatory agenda over the entire religious sector of South Africa that Parliament had in fact rejected.
“In South Africa, the State does not license churches, approve doctrine, or police religious belief. This is a foundational constitutional principle
“FOR SA stands with SACD and with every faith community that values their constitutional rights. We remain committed to defending freedom of religion for all South Africans,” Swain says.