Faith Taking Responsibility: Why the Religious Freedom Charter and Code of Conduct are the Real Alternatives to State Regulation

Faith Taking Responsibility: Why the Religious Freedom Charter and Code of Conduct are the Real Alternatives to State Regulation

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When the CRL Rights Commission last pushed in 2018 for a State-appointed “peer-review” body to license, monitor, and even suspend religious practitioners, Parliament’s Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) rejected the idea. Instead of supporting legislation for State control of religion, the Committee recommended that the religious community itself develop a charter for self-regulation and a code of conduct to promote ethical accountability within the sector.

That process was not only started; it was completed. What followed remains one of the least-recognised success stories of democratic self-governance in South Africa’s faith community.

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The Religious Freedom Charter: Rights defined by the faith community

The South African Charter of Religious Rights and Freedoms, adopted in 2010, was written by the religious sector, not the State. As Professor Rassie Malherbe, Acting Convenor of the South African Council for the Protection and Promotion of Religious Rights and Freedoms (SACRRF), explains:

“The Charter came about when a group of religious leaders and academics decided at a conference in 2008 to spell out what we understand under the right to freedom of religion and belief as guaranteed in Section 15 of the Constitution. A representative task team led by Professor Pieter Coertzen compiled the Charter through wide consultation with religious bodies, legal experts, and members of the public. It was signed and endorsed at a national ceremony in Johannesburg on 21 October 2010 by most major religious institutions.”

The Charter has since been endorsed by religious organisations representing around 20 million South Africans and was recently profiled at the G20 Interfaith Forum (IF20) in Cape Town. It affirms that the State must act impartially (Clause 3), recognises the institutional autonomy of religious bodies (Clauses 9 and 9.3), and underscores that, while faith communities operate under the law, their internal governance must remain free from external interference in doctrinal matters (Clause 9.1). In short, it draws the vital boundary between religion and the State – a separation essential to both harmony and liberty.
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The Code of Conduct: Responsibility chosen, not imposed

Acting on COGTA’s 2018 recommendations, representatives of the South African Council of Churches (SACC), interfaith organisations, and major denominations met at Christian Family Church International in Johannesburg. Following a proposal by the Evangelical Alliance of South Africa (TEASA), leaders agreed that, while abuses by a fringe minority were deeply concerning, they should be addressed by the religious community itself – not by government control.

This meeting mandated the SACRRF, authors of the Charter, to draft a Code of Conduct for Religions in South Africa as a practical expression of ethical self-regulation. Through another broad consultation, the Code of Conduct (2018) emerged, setting clear standards for integrity, accountability, and good governance across faith traditions. The Code commits faith communities to uphold human dignity, protect children, respect the law, act transparently in finances, and report criminal acts. It reinforces that religious freedom carries corresponding ethical duties and that spiritual authority must never be abused – period.

Professor Malherbe explains:

“The Charter spells out the rights of religious bodies and practitioners. The Code of Conduct spells out their corresponding duties as responsible members of society to which they can commit on a voluntary basis. We were convinced that this form of self-regulation would go a long way to combat abuses and malpractices in certain religious institutions reported by the CRL Commission.”

This is precisely the model of voluntary, values-based self-regulation envisioned by Parliament – created by the faith community, for the faith community.
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Faith acting before being acted upon

Together, the Charter and Code prove that South Africa’s religious sector has already taken responsibility to address legitimate concerns. They represent a mature partnership between faith and constitutional democracy: faith communities acting lawfully and transparently while insisting on their right to believe, worship, and govern themselves without State control.

It is therefore deeply concerning that the CRL Rights Commission continues to disregard these faith-led instruments. When the SACRRF challenged the CRL in 2017 for contravening the Charter – to which it was itself a signatory – the current CRL Chair threatened to withdraw from its adherence.

Instead of endorsing the Code developed through national consultation, the Commission has created its own “code of conduct” behind closed doors, without the participation of the SACRRF or the millions of South Africans who have already endorsed the Religious Freedom Charter and its accompanying Code of Conduct.

Such unilateral action undermines trust, duplicates effort, and contradicts the spirit and letter of Parliament’s 2018 recommendations, which clearly emphasised voluntary self-regulation – not legislative control.
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The right balance between freedom and responsibility

Together, the Charter and Code offer a comprehensive, constitutionally sound framework for accountability in the religious sector. They affirm that freedom of religion is guaranteed under Sections 15 and 31 of the Constitution, but must operate within a moral and legal context. Self-regulation does not mean no regulation; it means responsible regulation from within, guided by shared ethical standards rather than imposed bureaucracy.

Professor Malherbe puts it plainly:

“Endorsing the Charter and Code of Conduct is one such way – a most suitable and effective way – for the faith community to demonstrate sincerity and responsibility. A law regulating religion would violate Section 15 of the Constitution and cross the line between religion and the State in a way that would abolish a principle that has existed for many years in democratic societies.”
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In conclusion: A call to adopt and apply

We therefore urge every denomination, church, mosque, synagogue, and temple in South Africa to formally adopt the Religious Freedom Charter and Code of Conduct within their constitutions and governance frameworks. Doing so will affirm their commitment to integrity and accountability while strengthening their legal protection by demonstrating both understanding of – and adherence to – the constitutional right to religious freedom and the responsibilities that accompany it.

By voluntarily embracing these instruments, the faith community can render any argument for State regulation unnecessary. It is a clear, practical alternative that achieves accountability without compromising freedom.