scispace - formally typeset
Open AccessJournal ArticleDOI

Proselytising the Regulation of Religious Bodies in South Africa: Suppressing Religious Freedom?

TLDR
In this paper, the authors argue that the right to freedom of religion depends for its constitutional validity and viability on there being no interference (or regulation) by the state except in instances as provided for in terms of relevant legislation.
Abstract
In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organisations. A unique feature of this human right is the extent to which it is premised on a personal belief. The latter can be "bizarre, illogical or irrational", but nevertheless deserving of protection in the interests of freedom of religion. However, when the expression of a religious belief or practice transgresses the civil or criminal law it must be dealt with in the relevant legislative framework to hold the transgressor liable. Measures taken by the state to regulate religious bodies in terms of a general supervisory council or umbrella body are an unreasonable and unjustifiable interference with freedom of religion, and hence unconstitutional. I am of the view that the right to freedom of religion depends for its constitutional validity – and viability – on there being no interference (or regulation) by the state except in instances as provided for in terms of relevant legislation.

read more

Content maybe subject to copyright    Report

Citations
More filters
Journal ArticleDOI

The role of ecumenical bodies in curbing abuses in New Prophetic Churches in South Africa

TL;DR: In this article , the authors explored the role of ecumenical bodies in curbing the abuses in New Prophetic Churches as opposed to the regulation by the government and made a valuable contribution to the ongoing discourses on the regulation of religion in South Africa through an ecclesiastical freedom theory.
Journal ArticleDOI

Freedom by Regulation: A Legal Assessment of the CRL Commission’s Report on the Commercialisation of Religion and Abuse of People’s Belief Systems

TL;DR: The South African Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities is one of the key institutions established by the Constitution of the country to strengthen its constitutional democracy as mentioned in this paper .
Journal ArticleDOI

Invigorating Interfaith Consciousness for the Common Good: Reimagining the Role of African Religion and Pentecostalism in Contemporary South Africa

TL;DR: In this paper , the power and legacy of anti-apartheid interfaith solidarity is discussed and the ongoing factors hindering interfaith engagements between African religion and Pentecostalism in South Africa.
References
More filters
Journal ArticleDOI

The Constitution of the Republic of South Africa

TL;DR: The people of South Africa declare that there is a need to create a new order in which all South Africans will be entitled to enjoy and exercise their fundamental rights and freedoms.
Book

From Political Economy to Economics: Method, the social and the historical in the evolution of economic theory

TL;DR: Milonakis and Fine as discussed by the authors argue that economics has become a monolithic science, variously described as formalistic and autistic with neoclassical orthodoxy reigning supreme, with the separation of economics from the other social sciences, especially economic history and sociology.
Journal Article

Proportionality in Constitutional Law: Why Everywhere But Here?

TL;DR: In this paper, the authors present a case where a judge is asked to decide whether an action is out of proportion and immoral for a neighbor to take a four-wheel drive car without asking and not return it until the next evening.

Prevention of organised crime

TL;DR: In this article, the interfaces between the legitimate and illegitimate environments and the possibillities for preventive action are revealed, and indications for possible preventive interventions are called "red flags" from the four national reports and examined four selected topics in more depth: the role of public administration and local businesses, the legal professions, official and informal financial services, and forged official documents.
Journal ArticleDOI

The Dilemma of Islamic Rights Schemes

TL;DR: In some parts of the Muslim world, a string of events indeed suggest that the violation of human rights continue with little sign of immediate abatement as mentioned in this paper, and the gulf in perception between Islamic and secular perspectives over the meaning of Human Rights is growing.
Related Papers (5)