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Legal cases and legislation overview

Cases are in chronological order, starting with the most recent.

The legislation and cases in which FOR SA is involved or may become involved as Amicus Curiae are marked with a star.

Government policies and legislation

Pending

Proposed amendments to the Children’s Act (spanking ban)*

Towards the end of 2013, FOR SA collected signatures of leaders representing 8 million people in South Africa to keep the current law (allowing for the “reasonable chastisement” of children by their parents) intact.
Submissions in this regard have been prepared by FOR SA but not yet handed in, as the Department of Social Development (DSD) has since advised that efforts to change the law (which would have commenced in June 2014) have been postponed to 2015/16.

Proposed new hate crimes legislation*

This includes a broadening of the definition of “hate speech”.
The Department of Justice & Constitutional Development is currently in the process of finalising the policy framework for new legislation on hate crimes, hate speech and unfair discrimination, which they hope to open up for public debate towards the end of 2015.

According to the Deputy Minister, the proposed legislation will be highly contentious because of the hate speech provisions therein, and a fundamental issue will be the balancing of the prohibition on hate speech with the right of free speech.

Once the proposed legislation becomes available, FOR SA will make submissions with a view to protecting religious freedom and the autonomy of the Church.

Legal cases

Threats of legal cases

S Hydes v Oakfield Farm, Roodepoort*

At the beginning of 2015, a homosexual couple threatened to lay a complaint of unfair discrimination on the basis of sexual orientation against this wedding venue, which refused (on grounds of Christian conscience, religion and belief) to host a same-sex marriage.
The matter was widely publicised in the media, but no formal complaint was laid.

(A formal complaint of unfair discrimination was however laid against this venue by a different couple in 2014. In that case, the Commission for Gender Equality ceased its investigation after Oakfield delivered a written response.)

J de Villiers v Rosebank Union Church

In March 2015, a homosexual person complained of unfair discrimination on the basis of sexual orientation after Rosebank Union Church refused to make their chapel available for a same-sex marriage. (Read more)
The matter was resolved between the parties, and no formal complaint was lodged against the Church.

Successfully finalised

NJ Coulson v S & M Neethling (Bellville Equality Court)*

In 2014, a homosexual couple sued the Christian owners of a guesthouse in Wolseley for unfair discrimination on the basis of sexual orientation. FOR SA, acting as Amicus Curiae, successfully asked the Court to refer the matter for mediation. At mediation in April 2015, the parties concluded a settlement agreement in terms whereof they agreed to respect each other’s beliefs. This agreement was made an Order of Court.

J Viljoen v Sha-Mani (Alberton Equality Court)*

In 2014, a homosexual couple sued this wedding venue for unfair discrimination on the basis of sexual orientation (the second such case against this venue).
In May 2015, the owners of Sha-Mani advised FOR SA that the couple is no longer proceeding with the case.

Pending

Thorne Godinho v Suné Botha (SAHRC)

In May 2015, a complaint of hate speech was laid against this Afrikaans Gospel singer following a Facebook post stating that the practice of homosexuality is against God’s will.
The matter is currently being investigated by the Human Rights Commission. (For more information, click here)

Ecclesia de Lange v Methodist Church of South Africa (Constitutional Court)*

De Lange was discontinued as an ordained minister after announcing her intention to marry her same-sex partner.
After losing in the High Court and the Supreme Court of Appeal, she applied to the Constitutional Court for leave to appeal. The application is set down for hearing on 27 August 2015. Should leave to appeal be granted, FOR SA will likely join the proceedings as Amicus Curiae. (For more information, click here)

OGOD v Laerskool Randhart & 5 Others (Johannesburg High Court)*

A secular group, OGOD, has instituted legal proceedings against six public schools that identify as “Christian schools”. The schools delivered their answering affidavits in May 2015, and OGOD now has an opportunity to reply.
Once both parties have submitted their heads of argument, the matter will be enrolled for hearing. No court date has been set yet. FOR SA will likely join the proceedings as Amicus Curiae.

Complainants v Church*

Towards the end of 2014, an atheist couple laid a complaint against a large church with one of the Chapter 9 institutions, alleging that certain biblical doctrines violate the Constitution. (At the request of the church, the names of the complainants and the church are not disclosed at this stage.) The matter is likely to proceed to court.

Adriaan & Hannah Mostert v Joshua Generation Church (SAHRC)*

In 2013, an atheist couple laid a complaint with the Human Rights Commission, arguing that teachings on spanking (based on Biblical references such as Proverbs 13:24) violate children’s rights. The HRC investigated the matter, despite “reasonable chastisement” not being unlawful in South Africa. According to reports, the HRC was expected to finalise its report by the end of April 2015. To date, no outcome has been received.

J Izaaks v J Downs (SAHRC)*

The complainant alleges that the Chairperson of the ACDP breached his right of equality during an e-TV interview on Mr Gay World in 2012, by expressing views on homosexuality. Ms Downs has delivered a written response and is awaiting the outcome from the SAHRC.