* The cases and issues in which FOR SA is / has been involved, are marked with a star (*).
POLICIES & BILLS
Basic Education LawsAmendment (BELA) Bill*
The Department of BasicEducation (DBE) has advised that the Minister was briefed and madeseveral inputs that necessitated further amendments to the Bill. There will bea further meeting with the Minister again to discuss the latest amendments tothe Bill. A decision on whether the Bill will be published for comment will betaken at a later stage. (From a religious freedom point of view, FORSA raised concerns regarding the proposal that all lease agreements betweenschools and third parties for the hiring of the school’s property / facilities- e.g. by a church, for use of the school hall on a Sunday morning - in futurebe approved by the provincial government rather than by the SGB).
Children’s Amendment Bill*
The Secretary of theParliamentary Portfolio Committee on Social Development has advisedthat the Bill has not yet been referred to the Committee. The intial Bill drafted by the Department of SocialDevelopment (DSD) aimed to make any form of physical discipline by a parent –no matter how light or well-intentioned – illegal and potentially subject tocriminal prosecution for assaulting a child, to which there will be no defencein law. Following submissions by FOR SA and others, the Department removed theclauses proposing the criminalisation of physical correction in the home. It isthis Bill that will be presented before Parliament.
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Civil Union Amendment Bill*
This Bill was adopted by the NationalAssembly last year, but lapsed with the election of the new Parliament. Interms of the Bill, State-employed marriage officers will no longer have theright, for reasons of conscience or belief, to “opt out” of solemnisingsame-sex marriages. The National Assembly now has to adopt a resolution“reviving” the Bill to allow the new Parliament to deal with it. Only afterthis can the Bill be sent to the National Council of Provinces(NCOP) (the second house of Parliament) that has to pass the Bill before it canbe sent to the President to be signed into law.
Comprehensive SexualityEducation (CSE)*
FORSA has been actively engaged in discussions with the Department of Education(DBE) regarding the proposed implementation of CSE in our schools. Mostrecently, FOR SA wrote to the DBE to demand that full disclosure be given toparents at the beginning of every year, at every grade level, of the material /content to which their children will be exposed; that parents have the right to“opt out” of a particular lesson plan, should they not want their children tobe exposed thereto; and that thepossibility of an alternative curriculum be considered. We are yet to receive aformal reply from the Department.
CRL Rights Commission’sproposed regulation of religion*
The President has now appointed thirteen persons who will serve as Commissioners of the CRL RightsCommission (“the CRL”) for the next five years. During a recent mediainterview, the new CRL Chair made itclear that the CRL remains intent on pushing for compulsory licencing of allreligious practitioners. In the meanwhile, the Steering Committee of theReligious Leaders Summit is making arrangements for a follow-up Summit to takeplace in October 2019. FOR SA has generated these alternative proposalsto address the problems identified by the CRL in their report.
Cybercrimes Bill*
This Bill was adopted bythe National Assembly last year, but lapsed with the election of the new Parliament.The National Assembly now has to adopt a resolution “reviving” the Bill toallow the new Parliament to deal with it. Only after this can the Bill be sentto the National Council ofProvinces (NCOP) (the second house of Parliament) that has to pass the Bill,before it can be sent to the President to be signed into law. (From a religiousfreedom point of view, FORSA made comments on the Bill which contains broad provisions on “maliciouscommunications” that could potentially be used to curb freedom of (religious)expression.)
Learner Pregnancy Policy*
The Department of Basic Education (DBE)has advised that due to some internal processes the revised draft Policy onLearner Pregnancy (which inclues Comprehensive Sexuality Education (CSE) as akey component) was still to be finalised and thereafter submitted to Cabinetfor final ratification. Froma religious freedom point of view, FOR SA made submissions on the inclusion of CSEwhich has proven itself worldwide to be a highly explicit programmes aimed atsexualising children rather than teaching them about sex.
National Health AmendmentBill (“End of Life Bill”)*
We have been advised by COPE that this Bill(originally introduced as a Private Member’s Bill by Deidre Carter MP), whichprovides for “living wills” refusing any future potentiallylife-sustaining medical treatment or procedure, has notbeen tabled again for discussion in Parliament or the relevant committee. It is still where it was at end of last year, namelyat the end of the submission period, but no other progress has happened. (Froma religious freedom point of view, FOR SA proposed that the Bill should beamended to protect doctors who have a conscientious objection to giving effectto a “living will”).
NationalQualifications Framework (NQF) Amendment Bill*
The President has nowsigned this Bill, which has bearing primarily on misrepresentation (by individuals, and institutions including therefore Bible schools) of academic qualifications.
Prevention and Combating ofHate Crimes and Hate Speech Bill*
The Bill lapsed with the election of the new Parliamentand the new National Assembly now has to adopt a resolution “reviving” the Billto allow the new Parliament's Portfolio Committee on Justice and ConstitutionalDevelopment to continue work on the Bill. The Secretary of the Committee hasadvised that to date, no such resolution has beenpassed andthe Committee has not yet resumed work on the Bill. Parliament is expected to deal with thisBill in the 2nd term of 2019 however.
Proposedamalgamation of Chapter 9 institutions
FOR SA has been advised that the final reportcontaining the recommendations in this regard, is as yet not in the publicdomain. The Speaker will decide on how best to take the mattersforward. For now, it seems that amalgamation will not be considered.
Proposed policy on marriage in SA
The Department of Home Affairs (DHA) is inthe initial stages of developing a new policy on marriage in South Africa. This policy will set theplatform for the possible adoption of a single “Marriage Act”, governing allmarriages entered into in South Africa. (From a religious freedom point ofview, FOR SA has raised with the Department the increasing pressure experiencedby religious marriage officers – many of whom believe that, according toScripture, marriage is the permanent union of one man and one woman – tosolemnise same-sex marriages. Many of them have already expressed the sentimentthat, should they be forced by law to do so, they would rather hand in theirmarriage licence than to act against their religious convictions and beliefs.)
South African Law Reform Commission (SALRC): Issue Paper 32: The Right to Know One’sBiological Origins
This Paper asks the question whether SAlaw should be amended so as to provide for compulsory disclosure of information to a child regarding his/her conception. The SALRC has advised that they hope to resume research and consultations in this year still, with a view to drafting a discussion paper that can be considered and approved for publication by the Commission which may only be sometime in 2020 at the earliest. (From a religious freedom point of view, FOR SA raised concerns regarding the mandatory disclosure of information which could violate the best interest of the child principle).
South African Law Reform Commission (SALRC): Issue Paper 35: Single Marriage Statute
In South Africa currently, there is no single law governing the solemnisation and registration of marriages. Instead, there are various pieces of legislation governing different civil marriages, civil unions, customary marriages, etc. The SALRC is thus recommending a single marriage law governing all types of marriages. The deadline for submissions on the SALRC’s Issue Paper, recommending that all types of marriages be regulated by a single law, has been extended to 31 August. The issue paper is available at https://www.justice.gov.za/salrc/ipapers.htm
LEGAL CASES
FOR SA vs Minister ofJustice & Others (Constitutional Court)*
On 29 November 2018, theConstitutional Court heard FOR SA’s application for leave to appeal against thejudgment by the Johannesburg High Court in October 2017, declaring all forms ofphysical discipline of children – regardless of how light or well-intentioned –to be illegal. FOR SA is still awaiting judgment from the Court.
SAHRC vs Jon Qwelane (SCA)
On Monday, 19 August 2019,the Supreme Court of Appeal (SCA) in Bloemfontein heard the appeal by JonQwelane against the judgment of the Johannesburg High Court (sitting as anEquality Court), which effectively found him guilty of “hate speech” againsthomosexuals. Judgment has been reserved.
In re Dr Jacques de Vos(HPCSA)
On 27 and 28 August 2019, former military hospital doctor, Dr Jacques de Vos, appeared before the Health Professions Council of South Africa (HPCSA) for advising that abortion is the killing of an unborn human being. The hearing has been postponed to 3 and 4 October 2019.
R.E. Wilson vs AfricanEnterprise & Theuns Pauw (Grahamstown Equality Court)*
The unfair discriminationcase against African Enterprise (AE) and their director Theuns Pauw, has beenfavourably resolved. The case arises out of a sermon delivered by Pauw at StAndrew’s College in Grahamstown and wherein he touched on issues of divorce andhuman sexuality.
Queers without Borders andothers vs Chris van Wyk (SAHRC)*
A complaint of unfair discrimination and hatespeech has been laid against Chris van Wyk (a pastor of the Dutch ReformedChurch) following his statement that “if all sexualorientations are a gift of God, as argued by Rev Nelis Janse van Rensburg, tobe consistent in his argument he would have to include all sexual orientationsand that would include something like paedophilia.” Pastor van Wyk hassubmitted his reply to the SAHRC.
Olivier v AfrikaanseProtestantse Kerk (Pretoria High Court)
A former pastor of the APK hasinstituted proceedings against the church in the Pretoria High Court (EqualityCourt), after he was found guilty by the church on charges of misconduct anddismissed. The pastor alleges, amongst other things, that he was unfairlydiscriminated against by the church on grounds of sexual orientation when theyterminated his services, and also that the church made itself guilty of anunfair labour practice by “continuously discriminating against gay ministers,which is systemic in nature”.
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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 freedom of religion by:
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:
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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.
