Policies & Bills

Basic Education Laws Amendment (BELA) Bill

The Department of Basic Education (DBE) has advised that it has finalised its consultation process with NEDLAC and is currently finalising the Socio-economic Impact Assessment System (SIAS) process.

Thereafter, the Bill will be referred to:

• the cluster
• Cabinet committee
• Cabinet

The Office of the Chief State Law Advisor is still to issue the DBE with a certificate confirming that the Bill is constitutional.

Once all of the above has been completed, the DBE can submit the Bill to Cabinet for approval. Thereafter, it may be tabled in Parliament.

Religious freedom concern:
FOR SA raised concerns regarding the proposal that all lease agreements between schools and third parties (e.g. churches using school halls) be approved by provincial government rather than the SGB.

Children’s Amendment Bill (Private Member’s Bill to Ban Conversion Therapy on Children)

A DA Member of Parliament has published her intention to introduce a Bill amending the Children’s Act to prohibit “conversion therapy” in children.

This was open for public comment until 4 August 2021.

Important:

• This is only a notice of intention, not the Bill itself
• The term “conversion therapy” is not clearly defined

FOR SA has not submitted comments at this stage, as the full Bill text is not yet available.

Children’s Amendment Bill

This Bill has been tabled in Parliament and is currently being considered by the Social Development Parliamentary Portfolio Committee.

The initial Bill:

• sought to criminalise all physical discipline by parents

Following submissions by FOR SA and others:

• these clauses were removed

However:

• new proposals may reintroduce this issue following the Constitutional Court ruling (18 September 2019)

City of Cape Town By-Laws

FOR SA made submissions on proposed amendments to:

“Streets, Public Places, and the Prevention of Noise Nuisances By-Laws of the City of Cape Town”

Concern:

• sweeping powers that may impact religious freedom

Outcome:

• second draft released
• concerns addressed

Department of Home Affairs’ Proposed Marriage Policy

The Department of Home Affairs (DHA) is developing a new policy to enable a single Marriage Act in South Africa.

Timeline:

• Submit policy to Cabinet
• Draft Bill for public consultation (2021/2022)
• Submission to Parliament (2022/2023)

Most recently:

• DHA circulated a questionnaire to religious leaders

Religious freedom concern:
FOR SA made submissions to ensure that:

• religious marriage officers may only conduct marriages aligned with their beliefs

Domestic Violence Amendment Bill, 2020

Purpose:

• address gaps and challenges in the current Act
• align with the Protection from Harassment Act, 2011

FOR SA involvement:

• objected to definition of “spiritual abuse”
• proposed alternative definition

Outcome:

• alternative definition accepted and incorporated

Status:

• adopted by National Assembly
• referred to NCOP
• comments invited until 16 July 2021

Draft Films & Publications Act Amendment Regulations, 2020

The Minister published draft regulations for comment until 12 October 2020.

Status:

• Act not yet in operation
• awaiting finalisation of Regulations

The Film and Publication Board (FPB):

• has submitted input on implementation timing

FOR SA concern:

• impact on religious content
• regulation of online content

Learner Pregnancy Policy

The DBE has received approval to present the Policy to the Social Cluster.

Process:

• legal opinion from State attorney
• submission to Cabinet
• provincial implementation discussions

Religious freedom concern:
FOR SA opposed inclusion of CSE (Comprehensive Sexuality Education), citing concerns about:

• explicit content
• early sexualisation

Lockdown Regulations Pertaining to Religious Gatherings

FOR SA continues engagement with Government regarding COVID-19 restrictions.

Court case:

• FOR SA vs COGTA Minister
• hearing scheduled for 22–24 November 2021

PEPUDA Amendment Bill

Proposed amendments to the Promotion of Equality and Prevention of Unfair Discrimination Act were published for comment until 31 July 2021.

FOR SA concerns:

• negative impact on religious expression
• restrictions on living out beliefs

Meeting:

• Deputy Minister of Justice committed to making the Bill clearer

Prevention and Combating of Hate Crimes and Hate Speech Bill

Progress delayed pending judgment in the Qwelane matter.

Update:

• Constitutional Court delivered judgment on 30 July 2021

FOR SA submissions focused on:

• impact on religious freedom
• freedom of expression (section 16 of the Constitution15)

SALRC Issue Paper 32: The Right to Know One’s Biological Origins

Focus:

• whether compulsory disclosure of conception information should be required

Status:

• no further developments

FOR SA concern:

• potential violation of best interest of the child

SALRC Discussion Paper 152: Single Marriage Statute

Purpose:

• explore a unified marriage law

Includes:

• draft Bills
• public consultation (closed 17 May 2021)

FOR SA submission:

• protection of religious marriage rights

Status:

• comments being collated

Victim Support Services Bill, 2020

Status:

• public consultation completed
• preparing for Cabinet

Purpose:

• protect rights of victims of violent crime

FOR SA concern:

• overly broad provisions
• administrative burden on religious organisations

Western Cape Guidelines on Sexual Orientation and Gender Identity

Status:

• awaiting approval by Provincial Minister

FOR SA concerns:

• impact on:
  • religious freedom
  • privacy
  • safety

Legal Cases

Africa4 Palestine v Chief Justice Mogoeng Mogoeng

Appeal pending regarding alleged breach of Judicial Conduct Code.

Reference:
(For FOR SA’s legal perspectives on this matter, see here)

FOR SA v Minister of COGTA and Others

Case challenges the ban on religious gatherings during lockdown.

Key issues:

• constitutionality
• unequal treatment of religious gatherings
• recognition of religious workers as essential

Hearing:

• 22–24 November 2021

In re Dr Jacques de Vos (HPCSA)

Case concerns:

• disciplinary action for pro-life statement

Status:

• ongoing
• HPCSA withdrew case without verdict

Jon Qwelane v SAHRC

Constitutional Court ruling:

• “hurtful” removed from hate speech definition
• Qwelane still found guilty

Lincoln Jacobs v Pickard Henn

Complaint related to sermon statements.

Status:

• no further response from SAHRC

Marion Stevens v Dr Sybrand de Vaal

Concerns:

• alleged harmful psychiatric practices

Includes:

• Petition to “Protect Trans Kids: Bar Dr Sybrand De Vaal from Psychiatric Practice”
• Draft Guidelines for Sexual Orientation and Gender Identity

Status:

• ongoing

Mthembu v Christian Life Private School

Case involves:

• cultural vs religious rights

Claim:

• R300,000 damages

FOR SA role:

• admitted as amicus curiae

SAHRC vs Beloftebos

Case regarding refusal to host same-sex wedding.

Includes:

• counter-application by Beloftebos
• opposition from SAHRC, CGE, and Minister

Status:

• pending

Heekes & Watling v Beloftebos

Second case involving:

• same-sex couple

Claim:

• R2 million damages

Also seeks ruling on:

• religious refusal as hate speech

SAHRC vs Bongani Masuku

Pending Constitutional Court judgment.

Key issue:

• boundary between political speech and hate speech

SAHRC vs Chris van Wyk

Initial discrimination case:

• later withdrawn (disputed)

SAHDS vs Revival Ministries (Joseph)

Allegations:

• “Hindu bashing”

Outcome:

• mediation held
• reportedly successful

SAHDS vs Chetty

Similar case involving evangelism statements.

FOR SA:

• applying for amicus role

State v Timothy Omotoso

Ongoing criminal trial.

Latest development:

• SCA dismissed appeal for release

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