Unhappy clappers: issue of state

A government body's determination to legislate how churches in SA are regulated and what they can and can't do has been met with fierce resistance, particularly from the charismatic denominations. By Estelle Ellis

- By Estelle Ellis

Proposed government regulation of churches "will decimate freedom of religion in South Africa". So says the the South African Church Defenders (SACD), a Christian advocacy movement that promotes spiritual and constitional freedoms, in an affidavit presented at the High Court in Johannesburg.

The litigation comes as the Cultural, Religious and Linguistic (CRL) Rights Commission pushed ahead with creating a committee whose work it will be to find mechanisms for improved regulation of churches in South Africa.

But the SACD has asked that the court set aside the decision to appoint this committee on a number of grounds, including that the CRL Rights Commission is not authorised to continue with this line of work because its proposals had already been found to be unconstitutional by a parliamentary portfolio committee.

The SACD also says the commission has a clearly demonstrated bias against charismatic churches, its attempt to regulate churches is an act of overreaching, and it has an exclusive focus on Christian churches.

The commission has always insisted that it respects and upholds freedom of religion. However, in a 2017 report on how some churches in South Africa exploit the beliefs of their followers, it proposed measures to make sure these harmful practices are brought to an end.

Daily Maverick asked the CRL Rights Commission for comment on the SACD's litigation, but did not receive a response by the time of publication.

Hundreds of churches have said they will resist government control over their activities. Court papers also question whether the chairperson of the commission, Thoko Mkhwanazi-Xaluva, is a fit and proper person to lead it, based on an unresolved allegation that she had overstated the support for her proposed regulations to Parliament.

Mkhwanazi-Xaluva has always denied the allegation, saying she had consulted with church office bearers at a very senior level.