Reverend Professor Musa Xulu resigned g as the chairperson of this CRL in January.
Image: Itumeleng English/ Independent Newspapers
THE Sivananda World Peace Foundation stands in solidarity with the SA Hindu Maha Sabha in opposing the CRL Commission's controversial plan to regulate culture, heritage, and traditions of religion.
This co-ordinated resistance comes amid growing concerns that the commission's approach represents an unconstitutional infringement on the fundamental right to freedom of religion and culture enshrined in South Africa's Bill of Rights.
We are implementing the right to freedom of religion and the right to culture which is in Chapter 2 of the Bill of Rights of the South African Constitution.
In religion, there is belief, customs and cultural values that must be protected from state overreach.
The CRL Commission's establishment of a Section 22 committee, expected to conclude its work by the end of this year, has been met with significant opposition from religious communities. While the commission describes this as a consultative and voluntary self-regulatory process, the announced timeline and structure indicate that it is continuing with a legally-contested process that remains constitutionally questionable and substantively unchanged.
We do not need new powers to regulate religion, but a political will to enforce the laws we already have, and the discipline to respect the constitutional limits on state authority.
This sentiment is echoed by many religious leaders who question why the government is seeking to interfere with the religious aspects of people's lives, especially when systems are already in place for good governance and operations within these organisations.
The South African Church Defenders (SACD) has emphasised that they are "protecting the Constitution and standing boldly for the independence and freedom of the church in South Africa".
Similarly, FOR SA has stated that any form of legislated oversight is a clear violation of the constitutional right to freedom of religion.
They further explain that "regulation backed by legislation is, by definition, state regulation", and that "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 Constitutional Court has previously ruled that even if a belief is "bizarre, irrational or illogical", it is protected by the Constitution. Section 9, the equality clause of the Constitution, prohibits unfair discrimination on various grounds including religion, and requires national legislation to be enacted to prevent or prohibit unfair discrimination. The Cogta committee chairperson, Dr Zweli Mkhize, has acknowledged the need to address abuse and misconduct within a framework that respects constitutional rights, stating that the committee's role is to determine whether there are "adequate areas of common understanding" across religious bodies.
However, many religious groups argue that the CRL's approach goes beyond this mandate.
"People of faith should be able to worship in places that are safe and accountable", acknowledges FOR SA, which supports true self-regulation within the religious sector.
It believes that "existing laws, properly enforced, combined with education and sector-led initiatives, can address misconduct without compromising constitutional freedoms".
The Sivananda World Peace Foundation calls on the CRL Commission to reconsider its approach and respect the constitutional boundaries of its mandate. We urge all religious communities to unite in defending these fundamental freedoms while remaining committed to ethical conduct and accountability within their own traditions.
We commend Reverend Professor Musa Xulu for resigning as the chairperson of this CRL committee and protesting against such acts. Those members who are still there continuing the mandate will be one day be judged to be the enemy of humanity in South Africa.
Prince Ishwar Ramlutchman Mabheka Zulu
Founder and president of the Sivananda World Peace Foundation