PRESS RELEASE: FOR SA asks to appeal High Court judgment on religious gatherings

PRESS RELEASE
‍
18 January 2022
For immediate distribution

FOR SA Asks to Appeal High Court Judgment on Religious Gatherings

On Wednesday, 19 January 2022, Freedom of Religion South Africa’s (FOR SA’s) legal team will argue that FOR SA should be granted leave to appeal last month’s judgment by the Johannesburg High Court. The judgment dismissed FOR SA’s challenge to the Government’s ban on religious gatherings during December 2020 / January 2021, while other forms of gatherings were permitted to continue.

The application for leave to appeal the judgment to the Supreme Court of Appeal (SCA) is opposed by the State.

“FOR SA is asking for permission to appeal the matter because the High Court’s refusal to scrutinise Government’s actions has massive implications — not just for the religious community, but for the people of South Africa in the broadest sense.

The Disaster Management Act already excludes Parliament’s oversight over the actions of the Executive. This judgment now means that not even our Courts can oversee such actions. It effectively puts unfettered power in the hands of Government to make unilateral regulatory decisions regarding any and every aspect of people’s lives,”says FOR SA’s Executive Director, Michael Swain.

“The judgment is too important, and too dangerous, not to appeal. The effect of the Court’s decision harkens back to the pre-constitutional era where immense power was concentrated in the hands of the few. This sets an incredibly dangerous precedent going forward.”

FOR SA’s case against the Minister of Cooperative Governance and Traditional Affairs (COGTA) was supported by religious leaders and organisations representing 11 million people from a broad spectrum of the faith community.

The matter was heard in a virtual hearing before the Johannesburg High Court from 22–24 November 2021, together with similar applications by the South African National Christian Forum (SANCF), Solidariteit Helpende Hand NPC, and the Muslim Lawyers Association. All applications were dismissed in the Court’s judgment of 13 December 2021.

ENDS

Note:
Freedom of Religion South Africa (FOR SA) is a legal advocacy organisation mandated to protect and promote the constitutional rights of all South Africans, regardless of their specific religious or ideological beliefs. FOR SA is ideologically neutral and non-partisan in respect of doctrine, faith, or belief, to the extent that such beliefs comply with the rule of law.