By Michael Swain, FOR SA Executive Director
Co-author Adv Nadene Badenhorst, FOR SA Legal Counsel
To say we livein unprecedented times, is both true and also an understatement. Although FORSA makes no claim to expertise in the area of epidemiology and the severemedical challenges involved, it is nevertheless important to understand thatthis pandemic has had a most significant impact on the religious community ofSouth Africa. Theidea that people’s spiritual needs are not paramount at a time like this isnaïve, especially given they are isolated, lonely, have lost loved ones orjobs, and are fearful of what the future holds. Some people need basicassistance with things as simple as groceries or pharmacy items, and churchescan be their only lifeline. Being a part of a church is, for a great manypeople, the most important thing in their life.
Shutting down the faith community,particularly in a nation where faith is deeply woven into the fabric of oursociety, would have hitherto been unthinkable. However, in response tothe unique threat of the COVID-19 virus, governments across the world (withsystems ranging from totalitarian to democratic) have instituted exceptionaland extraordinary measures which have restricted fundamental human rights in away that would have been unimaginable three months ago.
In South Africa, the vast majority of our population is currently unable to leave their homes exceptfor specified purposes; religious services and public gatherings of any sizeare banned; our already stressed economy has been further damaged and we willsuffer the impact for an indefinite period; businesses that honest andhardworking people have taken years to build up have been closed down, possiblypermanently; future generations will inevitably face an enormous debt burden; depression,stress, heart attacks and even suicide will possibly be experienced by millionsof people.
However, there is a general consensus that theseotherwise draconian measures are the best and most logical initial responsegiven the unique set of circumstances. We know that people have nonatural immunity to this virus. There is neither a cure, nor avaccination envisaged within the next 12 – 18 months and according to theexperts, so-called “herd immunity” only kicks in when about 60% of thepopulation have already contracted the disease and recovered from it. The“flatten the curve” strategy is, therefore, essential to ensure that ourlimited health infrastructure and services are not completely overrun by thefirst wave of infections, with tens of thousands dying as a consequence.
As we examine the challenges we face, it is important to understand the context so that we can formulate the appropriate responses that we need to consider as a faith community, especially in the event that the lockdown extends beyond the end of April.
Unavoidable consequences
The current severe restrictions clearly cannotremain in place indefinitely. A strict lockdown for an extended period oftime is unsustainable, both economically and socially. Its only purposeis to buy time so that extensive testing can take place to enable us tounderstand more precisely how lethal this disease actually may be – and torespond accordingly and appropriately. It also provides an invaluable opportunity to ramp up hospital services,so that there is capacity to manage the medical response needed in the worstaffected areas.
These restrictions by Government are not – and must never be – something which is extended without reasonable and justifiable reasons to justify their imposition. As such, any restrictions must be carefully crafted, closely monitored and regularly reviewed to ensure that they are proportional and fulfilling their intended purposes. While they may presently be a “necessary evil”, there must always be a solid rationale to justify why they are appropriate and proportionate. The cure must not be worse than the disease.
A case for pastoral exemption
Significantly - and concerningly - the practicalcontribution of the faith community to the current crisis, has largely beenneutralised by the current regulations and restrictions on movement andassembly. By contrast, in instances throughout history, the religiouscommunity has typically been at the forefront of the response to the ravages ofdisease. This is not only in the form of prayer, but in practical ways,like ensuring the poor, elderly and otherwise vulnerable are fed and clothed;that people who are suffering (whether from the actual sickness, or someconsequential impact) are comforted and encouraged.
Although most religious leaders agree thatpublic gatherings are counter-productive and counter-intuitive at present, FORSA understands that a case is being prepared by an Islamic group to challengethese restrictions in a court of law. Clearly – and in the unlikely event that this succeeds – it willnecessarily apply to all faith groups.
In this regard, some churches and faith-based NPO’s with social outreach and support programmes have successfully applied for permits to render “essential services”*, and consequently given written authorisation to designated persons within their organisation – in terms of Annexure C to the Final Lockdown Regulations – to provide such “care” to members in need. In other instances, religious and/or charitable organisations who are registered as a non-profit company (NPC) with the CIPC and have a company registration number, have successfully applied (via the CIPC’s Bizportal website) for certification to continue to render “care services and social relief of distress” as per the regulations.
Although the regulations thus allow pastors - who have received the necessary permits - to, for example, deliver food parcels etc. to meet immediate needs, there is no current category which allows for the (equally important) work of spiritual (including grief) counselling, ministry and similar interventions. (It is arguable whether the inclusion of “care services” in the regulations, is broad enough to also include pastoral / spiritual care). The problem is that:
Although technology provides thepotential to communicate, the reality is that “on-line” solutions –particularly in rural areas - are not always possible or available. Inaddition, many pastors and/or their members cannot afford the costs of buyingdata and airtime, especially in a time when usual sources of income have beencurtailed.
The need for pastoral intervention will only increase, especially if thecurrent (or even other) restrictions remain in place beyond the end of April.FOR SA would, therefore, urge the government to consider the valuablecontribution the religious community can offer to support efforts to helpordinary people, and in particular, their members, make it through thelockdown. Whilehospitals can treat the body, only the faith community can treat the heart andthe soul. Pastors ofcongregations know exactly which families need help and where they live, so arewell placed to do targeted interventions to meet both practical and spiritual needs.
A secondary – and equally important consideration – is to consider the steps that can be taken as the restrictions are eased. Apart from the centralised meetings which typically take place in a church, mosque, synagogue or temple, many faith communities meet in smaller groups during the week. This is an integral part of “religious life” and is an optimal way of facilitating mutual care (both spiritual and practical) for those involved. FOR SA would, therefore, recommend that at the earliest opportunity, the government considers permitting groups of 15 or less people to meet together – again, with appropriate social distancing measures being observed. In the worst-case scenario, where a member of such a group does become infected, it will be easy to trace, isolate and quarantine the other members and those who may have been exposed.
Conclusion
FOR SA therefore believes that:
In this regard, it is worthwhile consideringthe Australian context, where churches are permitted to live stream services by being declared“workplaces” for the purposes of the COVID-19 regulations. That means employeesand volunteers who are required for the live-streaming production can legallybe present, provided they obey social distancing measures (1.5m betweenpersons, no more than 1 person per 4 square meters of floorspace in thebuilding at any one time). Pastors are alsopermitted to make essential visits to members of their church for importantpastoral care matters. Households arepermitted to receive up to 2 visitors, provided social distancing measures areobserved.
In conclusion, we need to bring every available resource to bear as we face this crisis together. The contribution of the religious community to the fabric of our society is a critical success factor that must not be overlooked.
*Note: On 21 April 2020, the ADCP - in a post on social media - advised that in terms of a letter by Dr Gerhard in the office of the Presidency, "churches that are interested in assisting in socio-economic relief, should apply to the Department of Social Development to be allowed to operate as an essential service in terms of Regulation 11(b)(3) of Covid-19 and, if approved, they will be issued with a valid permit to perform essential services.” This letter was in response to a letter by Rev. Dr. Kenneth Meshoe (ACDP President) to President Ramaphosa on 8 April 2020, specifically requesting that churches registered as NPOs or PBOs be recognised as “essential services”.
[author] [author_info]Michael was raised in England, graduating from the University of Bristol with an honours degree in Law before immigrating to South Africa in 1983. He has been a successful businessman as well as having spent over 30 years in ministry in South Africa, Europe and the USA. He serves as the Executive Director of Freedom of Religion South Africa (FOR SA).[/author_info] [/author][author][author_info]Nadene is an Advocate, and practised as a member of the Cape Bar for a number of years. She holds both a BA LLB degree from the University of Stellenbosch and a LLM degree in International Human Rights Law (cum laude) from the University of Essex. She currently serves as a Next Generation Board Member on the Advocates Africa Board, representing Southern Africa.[/author_info] [/author]
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FOR SA currently has a support base of religious leaders and individuals representing +/- 6 million people across a broad spectrum of churches, organisations, denominations and faith groups in South Africa.
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