Proselytizing the Regulation Of Religious Bodies In South Africa: Suppressing Religious Freedom?

DOI: 10.5176/2251-3809_LRPP18.147

Authors: Dr Radley Henrico

Abstract:

In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organizations/bodies. A unique feature of this human right is the extent to which it is a right premised upon a personal belief. The latter can be “bizarre, illogical or irrational,” but 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 the relevant legislative framework to hold the transgressor liable. Measures taken by the state to regulate religious bodies through a general supervisory council or umbrella body is an unreasonable and unjustifiable interference with freedom of religion, and hence unconstitutional. The right to freedom of religion depends for its constitutional validity – and viability – on unnecessary regulation by the state except in instances as provided for regarding relevant legislation.

Keywords: secular; freedom of religion; belief; regulation; legislative framework