In 2013, an atheist couple laid a complaint with the Human Rights Commission (HRC) against Joshua Generation Church (“JoshGen”), a well-known church in the Western and Southern Cape. The couple’s complaint was not based on any actual incident of child abuse, but targeted the Biblical teaching (based on Scriptures such as Proverbs 13:24; Proverbs 22:15; Proverbs 23:13-14) that parents have a duty to give their children appropriate guidance, including at times to spank them (at times, when necessary, always in love, and always within the legal bounds of “reasonableness” and “moderation”) for their education and benefit.In its Report released in January 2016, the HRC found that spanking in the home violates children’s and other constitutional rights, and is for that reason unconstitutional and unlawful. As a result, the SAHRC recommended that:
CALL TO ACTION: Since 2013, JoshGen has expended a great deal of time, effort and money on litigation in this matter. As this matter which is likely to end up in Court, affects not only JoshGen but all churches and indeed believers in SA, FOR SA invites you to stand with us in protecting religious freedom and free speech in SA, by:
Importantly, contrary to what the HRC’s Report suggests, JoshGen does not actively “promote” or “require” members to spank their children. The Church does however believe, teach and preach (the whole of) the Bible, as it has every right to do, including therefore the Scriptures on child correction. How those Scriptures are interpreted and applied by parents however, is up to each parent to decide for themselves because every child is unique. In this, JoshGen is supported by religious leaders representing 12 million people in SA.The HRC’s Report is greatly concerning. It crosses the sacred line of family, and interferes with the freedom of parents to raise their children according to their own moral or religious convictions. Should the Report remain unchallenged and be accepted by Parliament, potentially responsible parents who love their children and only want what is best for them, could find themselves arrested and prosecuted on charges of assault, and have their children removed from them and placed in foster care (as is already happening in countries like Sweden where spanking is forbidden). One can only imagine the damage that this will do to children and families in SA!The Report further violates freedom of religion (s 16), free speech (s 16), as well as the rights of religious communities to practice their faith (s 31). As such, it impacts and affects not only JoshGen, but all churches and Christians, and in fact believers across different faith groups, in SA.It is not the place of the HRC, as a secular institution, to tell believers how to read and interpret their sacred texts. That is between them and God alone. The Report puts believers before the choice of obeying the law, or obeying their faith (with legal consequences should they choose to obey their faith instead). This is unconscionable and unconstitutional. Should the HRC’s recommendations remain unchallenged, it would open the door to the HRC censoring any religious belief and speech in SA, leaving any sacred text they disagree with, vulnerable and at risk of being banned.In the circumstances, JoshGen has no choice but to appeal the findings and recommendations of the HRC, which is due end March – for the sake of protecting families, and religious freedom in SA.For the Media Releases issued by FOR SA in relation to this matter, see:
Freedom of Religion South Africa (FOR SA) is dedicated to protecting and preserving the freedoms and rights that the South African Constitution has granted to the faith community. If you have found this helpful, please consider supporting the work of FOR SA to protect our constitutional right to enjoy the freedom of religion by:
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NOTE & DISCLAIMER
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.
FOR SA is not registered as a law firm and therefore cannot (and does not) give legal advice for which we can attract any legal liability; neither can we charge legal fees for our services.
