Update on Recent or Current Religious Freedom Issues and Cases

Policies & Bills

• Basic Education Laws Amendment (BELA) Bill*
  • FOR SA raised concerns about proposals requiring all leases of school property (e.g., for Sunday church use) to be approved by provincial government instead of the SGB.
• Children’s Amendment Bill (Private Member’s Bill to ban conversion therapy on children)*
  • MP proposed a bill prohibiting “conversion therapy” in children. FOR SA has not yet commented as the Bill text is not available.
• Children’s Amendment Bill
  • Initial Bill sought to criminalise all physical discipline of children.
  • FOR SA and others successfully advocated for the removal of the criminalisation clauses.
• Department of Home Affairs’ proposed Marriage Policy*
  • Draft policy for a single Marriage Act.
  • FOR SA submitted recommendations to protect religious marriage officers’ right to solemnise marriages according to their beliefs.
• Disaster Management Act Amendment Bill*
  • Increases parliamentary oversight over state disaster decisions.
  • FOR SA supported the Bill and suggested improvements to prevent arbitrary restrictions (e.g., lockdown regulations affecting religious freedom).
• Domestic Violence Amendment Bill, 2020*
  • Addresses gaps and aligns the Act with the Protection from Harassment Act.
  • FOR SA’s proposed definition of “spiritual abuse” was incorporated.
• Draft Films & Publications Act Amendment Regulations, 2020*
  • FOR SA made submissions on potential impact on religious content distributed by organisations.
• Expropriation Bill*
  • FOR SA focused on preventing potential expropriation of church or religious land.
• Learner Pregnancy Policy*
  • FOR SA opposed inclusion of explicit sexual education (CSE) content in schools.
• Lockdown Regulations pertaining to religious gatherings*
  • FOR SA challenged complete ban on faith-based gatherings in court (case heard Nov 2021; judgment reserved).
• PEPUDA Amendment Bill*
  • FOR SA raised concerns about impact on religious autonomy; engaged with Deputy Minister of Justice for clarification.
• Prevention and Combating of Hate Crimes and Hate Speech Bill*
  • FOR SA argued for stronger religious exemption clauses to protect religious expression.
• SALRC Issue Paper 32: The Right to Know One’s Biological Origins*
  • FOR SA raised concerns about mandatory disclosure violating child’s best interests.
• SALRC Discussion Paper 152: Single Marriage Statute*
  • FOR SA ensured religious rights of marriage officers remain protected in single marriage law proposals.
• Victim Support Services Bill, 2020*
  • FOR SA submitted concerns about overly broad provisions affecting religious organisations providing victim support.
• Western Cape Guidelines on Sexual Orientation and Gender Identity*
  • FOR SA submitted on potential impacts on freedom of conscience, religion, and belief of teachers and learners.

Legal Cases

• Africa4Palestine v Chief Justice Mogoeng Mogoeng*
  • Challenge regarding CJ Mogoeng’s pro-Israel comments. Appeal pending.
• FOR SA v Minister of COGTA and others (Johannesburg High Court)*
  • Challenged ban on faith-based gatherings. Case heard Nov 2021; judgment reserved.
• In re Dr Jacques de Vos (HPCSA)*
  • Doctor disciplined for advising a patient on abortion; ongoing case in North Gauteng High Court.
• Lincoln Jacobs v Pickard Henn (SAHRC)*
  • Complaint regarding statements on same-sex relationships; response pending from SAHRC.
• Marion Stevens v Dr Sybrand de Vaal (UCT/HPCSA)*
  • HPCSA cleared Dr de Vaal regarding submissions on Draft Guidelines for sexual orientation in schools.
• Mthembu v Christian Life Private School (Johannesburg High Court/Equality Court)*
  • Child barred from wearing traditional bracelet; FOR SA admitted as amicus curiae. Hearing set for 19 Jan 2022.
• SAHRC vs Beloftebos (Cape High Court/Equality Court)*
  • Christian wedding venue accused of discrimination for refusing same-sex wedding; counter-application ongoing.
• Heekes & Watling v Beloftebos (Cape High Court/Equality Court)*
  • Separate same-sex couple intervening; seeking R2 million damages and broad order regarding religious belief as discrimination.
• SAHRC vs Bongani Masuku (Constitutional Court)*
  • Pending judgment on alleged hate speech against Jews.
• SAHRC vs Chris van Wyk (P.E. Equality Court)*
  • Case withdrawn, though SAHRC alleges it remains active.
• South African Hindu Dharma Sabha vs Mr Chetty and Revival Ministries (Chatsworth Magistrate’s Court/Equality Court)*
  • Complaint alleging “Hindu bashing”; FOR SA admitted as amicus curiae. Hearing 17–18 Feb 2022.
• State v Timothy Omotoso (P.E. High Court)*
  • Sexual assault and human trafficking trial ongoing; SCA dismissed Omotoso’s leave to appeal application.