FOR SA policy and legal update

(In chronological order, starting with most recent)

Government policies and legislation

Successfully finalised

• ‍Draft Women Empowerment and Gender Equality Bill (WEGE):
  FOR SA successfully made submissions for the amendment of the Bill, so as to protect religious freedom and the autonomy of the Church.
• The Bill was subsequently withdrawn by the Minister.

Pending

• ‍Proposed amendments to the Children’s Act (spanking ban):
  Proposed amendments aim to make it illegal for parents to spank their children.
• Towards the end of 2013, signatures of leaders representing 8 million people in South Africa were collected 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.

Other policies and legislation being monitored

• Draft Policy on Homeschooling
• Hate Speech Bill

Legal cases

Successfully finalised

• ‍SAHRC v Rev OP Bougardt (Equality Court, Cape High Court):
  The SAHRC instituted a R1 million claim for damages against Pastor Bougardt, alleging discriminatory or hate speech against persons practising homosexuality.
• The Court referred the matter for mediation, where Pastor Bougardt explained that, although he cannot and will never compromise on what the Bible teaches, he will be more careful in future as to how he communicates this and will ensure it is always done in love.
• The matter was therewith concluded.‍
• L Brown-Waterson v Kilcairn, Riebeek Valley (SAHRC):
  A complaint of unfair discrimination on the basis of sexual orientation was laid against this wedding venue.
• The complaint was subsequently withdrawn and the case dropped by the SAHRC.‍

Two other wedding venues, namely Beloftebos and Sha-mani, were also threatened with complaints of unfair discrimination on the basis of sexual orientation, but these were not proceeded with.

Pending

• ‍OGOD v Laerskool Randhart & 5 Others (Johannesburg High Court):
  A secular group by the name of OGOD has instituted legal proceedings against six public schools who hold themselves out to be “Christian schools”.
• The schools have asked for an extension of the date by which they have to deliver their Answering Affidavits, after which OGOD will have an opportunity to reply.
• Once both parties have delivered their Heads of Argument (legal arguments to be made to the Court), the matter will be enrolled for hearing.
• In the circumstances, the matter will only be ready for hearing sometime next year.
• FOR SA is considering joining the legal proceedings as Amicus Curiae.‍
• J Izaaks v J Downs (SAHRC):
  The complainant alleges that the Chairperson of the ACDP breached his right to equality when she expressed the ACDP’s (and her personal) views regarding the practice of homosexuality during an e-TV interview on Mr Gay World in 2012.
• Ms Downs has delivered a written response to the complaint and is awaiting a response or outcome from the SAHRC.‍
• NJ Coulson v S & M Neethling (Equality Court, Bellville Magistrate’s Court):
  A complaint of unfair discrimination on the basis of sexual orientation was laid against this bed and breakfast in Wolseley.
• FOR SA, acting as Amicus Curiae, successfully asked the Court to refer the matter for mediation.
• Despite various requests from the bed and breakfast owners to meet with the complainant, he has not yet engaged.‍
• S Raymond v Oakfield Farm, Roodepoort (CGE):
  A complaint of unfair discrimination on the basis of sexual orientation was laid against this wedding venue.
• Oakfield Farm submitted a written response to the Commission for Gender Equality (CGE), but has not yet received further feedback.

Note

The above list is not exhaustive of all cases brought against pastors, Christian ministries and businesses during 2014, but reflects only those in which FOR SA was involved.