In recent public comments, the Chairperson of South Africa’s CRL Rights Commission (CRL), Mrs Thoko Mkhwanazi-Xaluva, revealed that the Commission is looking to other African countries that have already implemented systems of State regulation of religion as potential models for South Africa. This statement has raised serious concerns, considering the impact of regulation in some countries. Take, for example, Rwanda, where State involvement in religious life has become deeply repressive.
The recent tragedy in Kenya, where over 400 people in a religious cult starved themselves to death, has again highlighted this issue and given a renewed impetus towards state control of religion. This is clearly a particularly appalling example of criminal abuses that take place from time to time in the religious sector. The CRL similarly points to criminal acts in South Africa to justify its push for state regulation of religion. However, it is important to remember that every “abuse” identified is a criminal act and already covered by existing law. There is no such thing as a “spiritual crime”. A crime is crime, whether it is committed by a pastor, a politician or a policeman. Also, there is no defence to any crime by pleading the right to religious freedom. It can and must be dealt with by properly enforcing existing laws through the justice system. The failure by the State to properly enforce existing laws should not be exploited as an opportunity for State overreach.
Rwanda has led the way for several African governments to justify tightening control over religious organisations. Since 2018, the Rwandan government has made a concerted effort to bring religious institutions under State control, culminating in the 2024 inspection of 13,000 organisations, of which over 7,700 were shut down. (Some sources indicate 14,000 organisations were inspected, of which about 9,800 were shut down.)
Like South Africa, Rwanda is a signatory to the International Covenant on Civil and Political Rights (ICCPR) and bound by Article 18 of the Universal Declaration of Human Rights (1948), which guarantees freedom of religion. Rwanda’s use of “national values” and “cultural norms” clearly violates these principles. In light of this, any suggestion by the CRL that Rwanda could serve as a model for South Africa is deeply troubling. Rwanda has replaced true religious freedom with State-managed conformity.
Rwanda’s example is a cautionary tale, not a roadmap. South Africans must reject any attempts to import such models under the guise of peer review mechanisms, public safety or national values. Religious freedom is not a privilege granted by the State. It is a constitutional right that must be defended – without compromise – for us and for future generations.
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:
Vision & mission
Join us
Company details
Are you in trouble?
Enquiries
Privacy Policy
Terms & conditions
Cookie Policy
Donate Now
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.