New church rules spark constitutional showdown
The South African Church Defenders (SACD) has filed a case in the Gauteng High Court, arguing that the CRL Rights Commission’s Section 22 Committee is overstepping its mandate
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The South African Church Defenders (SACD) has filed a case in the Gauteng High Court, arguing that the CRL Rights Commission’s Section 22 Committee is overstepping its mandate and interfering with church governance.
The Section 22 Committee was set up by the CRL Rights Commission, a constitutional body tasked with protecting cultural, religious, and linguistic rights in South Africa. The committee was established to promote accountability and curb abuse within churches.
In December, it released a draft self-regulatory framework proposing registration, accreditation, and a “Seal of Good Standing” for churches, as well as the creation of an Independent Christian Practice Council to certify organisations that meet prescribed ethical and governance standards.
In a statement, the SACD said the framework goes beyond advisory functions and amounts to state interference in the internal affairs of churches.
"SACD has filed a case in the Gauteng High Court, Johannesburg, challenging the lawfulness of the Section 22 Committee established by the CRL Rights Commission. This case is not about resisting accountability or protecting wrongdoing," SACD said.
"It is about defending constitutional democracy, the rule of law, and the fundamental right to freedom of religion".
SACD added that the draft framework violates constitutional protections for freedom of religion, association, and collective rights, and unfairly singles out churches for regulatory oversight not applied to other civil society organisations.
The group warned that the proposed registration, accreditation, and “Seal of Good Standing” could pressure churches to comply and create a perception that non-compliant churches are morally suspect.
"The framework further paints churches as morally suspect or inherently dangerous. This narrative is misleading. Where criminal conduct occurs, South African law already provides adequate remedies".
The group also said that it was "concerned about officials who do not respect their constitutional mandate, who disregard the Constitution"
"We reject any attempt by the state to regulate spiritual callings or place itself above God. Matters of faith are beyond human control. While we fully respect the constitution and the just enforcement of the rule of law, we are accountable to the Lord, not to political authorities, in matters of doctrine and calling.
"We are also concerned about the divisions being created within Christian communities, where pastors are portrayed as separate from their congregants or labelled as delinquents"
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