SA Constitutional Rights pertaining to Faith-Based Religion

Introduction

South Africa is a country with a diverse population of various cultures, races, and religious groupings. The majority of the population resort under the Christian Faith that is made up of Roman Catholics, Protestants, Pentecostals, Charismatic Faith Based Christians, the Zionist Christians, and Reformed Churches that served under the state in South Africa under the Apartheid Era.

The second grouping is following traditional ancestral faith religion, such us Spiritual Workers (Samgoma’s), Herbelists, and Traditional Healers.

Then third group is antichrist religions such as, Islam, the Muslim Faith-based religion, the Jews, the Old and New Apostles, the Jehovah Witnesses, Hindu Faith followers, Hare Krishna, the Church of Satan, the Satanic Temple, and other splinter groups like the Temple of Set and the free churches, to name a few!

Hence religion is a controversial topic that is constantly under discussion or under attack by opposition faith believer, atheists, and even politicians and the state.

Faith-based religions are systems of belief and practice centered on the worship of a divine or supernatural being, and often involving a set of moral and ethical guidelines.

The Church during Apartheid!

Apartheid was a system of racial segregation, specifically a former policy of segregation and political, social, and economic discrimination against the non-white majority in the Republic of South Africa.

There were only for major groups accepted and tolerated by the Apartheid regime, known as the Protestant reformed churches, like the NG, NH, Dutch Reformers, and the Roman Catholic Church Organization who mainly controlled Christianity in South Africa. Religious Training under Apartheid!

Under apartheid, religious training was heavily influenced by the state's ideology, particularly Christian National Education (CNE), which promoted a conservative Christian understanding of morality and the world. This approach sought to indoctrinate children with a specific brand of Christianity, often at the expense of other religions, and also fostered racist and sexist views. However, some churches and religious leaders actively resisted apartheid, challenging its discriminatory policies and advocating for social justice. Hence the only Christian Theology Training Programs available and tutored at state universities was that of the Trinity Doctrine, which was introduced by the Roman Catholic Church after the Crucifix of Jesus Christ of Nazareth.

Although Martin Luther invented the Protestant Christian movement, the Romans did not really accept them and was Roman Catholicism the largest Christian Movement around the world. Even Protestantism integrated with them and hence they are known as the protestant reformers. They accepted the Trinity Doctrines of the Romans why they also baptize babies!

The SA Churches post Democracy!

When SA became a democratic country in 1994, the church world opened up to the diverse nations of South Africa. Many non-white churches opened up when the ANC with them came a lot of religious organizations who operate under the banner of Christianity. The ANC Government is an antichrist organization that opened religion to all religions and even opened up the borders to foreigners. With them came a percentage of lawless people and fraudulent pastors and prophets that deceive gullible church goers.

One good thing is that the ANC and previous government have compiled a new SA Constitution that protects the religious rights of all South Africans and religious groups. Sadly, the theology training programs that used to resort under the HWSETA was never updated to accommodate the other Christian religious groups and kept the training programs of the two major faith Based Churches organizations such as the Roman Catholic and reformed protestant religious church groups.

The ANC saw Christianity as a monistic group and did the Christian theology training programs not change at SAQA, the South Africa Qualifications Authority, or at the public universities that resorts under DOHE, the Department of Higher Education and did nothing to accommodate the Christian Pentecostals and Charismatic Christian Faith Based religious churches.

Religious Faith Based Training!

The law in South Africa is that all churches should be registered organizations, either as NPO’s, Non-Profit organizations, or as NPC’s and even PTY (Ltd) Churches must have

Management Structures, such as a Chairman, Vice Chairman, Secretary, Treasurer and a Auditor. They are to report their operational status to Social Development or with SARS.

The Faith-Based Churches has traditionally conducted their own religious training and leadership training, with their own unique training programs, and as such they also appointed their own leaders and Church leaders, without permission from the state or any other religious entity! The attitude of state appointed political servants to want and regulate churches out of their own opinions is illegal!

Christianity is part of a diverse religious orientation, so the non-protestant and non-Roman Catholic Trinity Doctrines cannot in terms of the South African Constitution, and the Religious Faith Base Charter as compiled by various Church sectors such as, COCTA, COPTA, FORSA, and various other Christian Religious Sectors in 2019, be forced on Christianity.

The state is responsible for secular training

The state is responsible for secular training of its people under Act 101 of 1976, and 1999 as amended, controlled by DOE and DOHE, and accredited by SAQA to ensure uniform training for occupations within the country. Although Christian Theology training used to resort under HWSETA and tutored at public universities under Apartheid, the state can no longer control religious training programs and can thus not be enforced on any of the Christian Religious Church Organizations, and Christian Theology Training Ventures in terms of the new Constitution.

Unlawful attacks on religious Faith-Based Training Institutions

As mentioned above, religious training is the responsibility of the church or relevant Faith-Based Organizations! Secondly, one cannot regulate the Holy Spirit of God, or any other spit for all it matters!

Although there were cases where church leaders miss behaved and did criminal acts against people in their congregations, it is not to say that all Christian Pastors and Spiritual Leaders are lawless, corrupt and money launders. Criminality remains Criminality and all Criminals must face the full force of the SA Courts. The state organs cannot blame the church organization when church leaders act lawless, especially the modern-day prophets!

Independent Christian Theology Training Ventures!

Christian Faith-Based religious organizations have established their own religion training entities such as Bible Schools, Seminaries, and even Christian Universities, to ensure that their religion of faith is sound, conform to specific standards, and that church leaders are appointed by an internal promotional policy and structure. It is not unlawful for Christian Faith Based Training Ventures to train and award their own leaders with certificates, diplomas, and Theology Degrees, without the permission of the state or state organs such as DOE and SAQA, and now SACQAC – Southern Africa Christian Quality Accreditation Council established by Paramount Chief Dr. Dannyboy Pieterse. These institutions can be of advisory capacity on request to assist theology training ventures to structure bible schools and format training programs.

The aim of Private Religious Training Ventures is to train up their own leaders to a uniform quality standard or levels in accordance to NQF, National Qualifications Formats, that is ranging from NQF Level 1 to NQF level 10 with the understanding that Levels 1 to 3 are certificate levels, NQF 4-6 are Diploma levels, and NQF 7-10 are degree levels, ranging from a Bachelor Degree up to a Senior Doctoral degree, a Doctoral in Philosophy, known as a PhD. This step is to open up promotional opportunities to Christian Faith Based leaders to enlarge their knowledge in their religion of faith, and also to train them up in leadership and management positions.

The norm is that all pastors should have a Diploma in Christian Theology to run or manage a church, and progressing to senior pastoral levels for those with Master and Doctoral Degrees.

Bishops is an African Thing that black churches adopted from the Raman Cleric and are Bishops Overseers and Senior Church leaders. They should be the ones training up pastors and church counselors. Archbishops should be in possession of a Doctoral degree up to a PhD, to become overseers to a religious platform known as a fraternal that resorts under their control. It is and has been a practice over the past 30 years that Pastors can become Bishop Elect, then consecrated as Bishops, then nominated as

SA Constitutional Rights pertaining to Faith-Based Religion

Archbishop Elect and eventually Consecrated as Archbishops. Organizational heads may be appointed as Emeritus Pastors and Cardinals as the Head of the particular faith based religious organization!

Un-Constituted Attacks on Christian Religious Entities

Although the church is under scrutiny from time to time and that Social Media and even state organizations acts out of context to try and regulate or manipulate Local and International Religious training institutions, it is however unlawful in terms of the SA Constitutions.

Attacks on International Training Universities

Not all religious faith-based groups has got local presentation and are there many international Christian Training Universities or Theology Education Training Seminaries that offer online or distant learning programs to people of specific religious faith. These institutions also plant Satellite Campuses in South Africa and Africa, and does SAQA – South Africa Qualifications Authority, not acknowledge or approve their training programs.

Attacks on local Theology Training Ventures

Some local Christian Theology Training schools and Seminaries registered with CIPC, South African Companies and Intellectual Property Commission, as legal training entities. These Institutions has designed their own raining Specifications and Training Programs to service their religious platforms and can state owned universities not be descriptive to the training programs that are to be used. Not all Christian Training modules are the same as some is for Monistic religious groups and others are for Trinitarian religious groups! But sadly, Monistic Christian Religious Training Institutes are getting victimized by the department of education and by other Christian Faith Based organizations, especially those controlled in the state-controlled institutions, for not being registered as formal training institutions and with DOE or DOHE or SAQA.

The State is not investing into Pastoral Training, subsidizing Pastors and not granting any training bursaries to Pentecostal, Charismatic, and leaders of free churches, although they subsidize traditional leaders and students of former state approved religious groups. Christian Churches Marry People, Bury People, Feed the Needy in Society and even counsel people at their own costs.

Christian Religion and Training of Religious Leaders are protected by the SA Constitution!

Religion and Religious Faith-Based organizations, including Christian Training venture are protected by following clauses and articles in term of the SA Constitution. The Con court dealt with these issues and approved a Religious Charter supported by the SA Religious Sector, COCTA, FOSA, and did state even appointed the CRL, a chapter 9 state institution to oversee Christian, Religious and Legislative matters.

Sections: 7, 9, 10, 15, 16, 29, 30, 31, 33, 34, 38, 39. That reads as follows:

Section 7 of the South African Constitution, part of the Bill of Rights, establishes that this Bill of Rights is a cornerstone of South African democracy and enshrines the rights of all people. The state has a constitutional duty to respect, protect, promote, and fulfil these rights

Section 7(2) of the South African Constitution mandates that the state must respect, protect, promote, and fulfil the rights enshrined in the Bill of Rights. This section is a cornerstone of South Africa's democratic values and ensures that the state plays an active role in upholding fundamental human rights.

Section 9 of the South African Constitution enshrines the right to equality, guaranteeing everyone's equal standing before the law and equal protection and benefit of the law. It also prohibits unfair discrimination and aims to create an egalitarian society where all people are treated with dignity and self-worth.

Section 9 (1) everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms.

Section 9(2) of the South African Constitution defines equality as the full and equal enjoyment of all rights and freedoms. It also allows for legislative and other measures to promote equality by protecting or advancing those disadvantaged by unfair discrimination.

Section 9(3) of the South African Constitution prohibits the state from unfairly discriminating against anyone on various grounds, including race, gender, sexual orientation, and more. It specifically states that the state may not discriminate directly or indirectly against individuals based on factors like race, gender, pregnancy, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth

Section 10 of the South African Constitution, found within the Bill of Rights, states that everyone has inherent dignity and the right to have their dignity respected and protected. This means that everyone is entitled to be treated with respect, and their inherent worth as a human being is recognized and protected by law.

Section 15 of the South African Constitution guarantees the right to freedom of conscience, religion, thought, belief, and opinion. This right includes freedom to choose and practice any religion or belief. It also allows for religious observances in state or state-aided institutions, provided they follow specific guidelines and attendance is voluntary.

Section 16 of the South African Constitution guarantees everyone the right to freedom of expression, encompassing freedom of the press, the right to receive and impart information, artistic freedom, and academic and scientific research freedom. However, this right is not absolute and is limited by clauses that prohibit propaganda for war, incitement of violence, and hate speech based on race, ethnicity, gender, or religion, that incites harm

Section 17 of the South African Constitution, under the Bill of Rights, guarantees everyone's right to peacefully and unarmed assembly, demonstration, picket, and petition. This right allows individuals to express their opinions and make their voices heard through various forms of peaceful protest

Section 29 of the South African Constitution guarantees everyone the right to education. This right encompasses both basic education, including adult basic education, and further education, which the state must progressively make available and accessible. Additionally, individuals have the right to receive education in the official language or languages of their choice in public institutions where this is reasonably practicable.

Section 29(1) of the South African Constitution guarantees everyone the right to basic education, including adult basic education, and further education, which the state must make progressively available and accessible through reasonable measures. This means that everyone has a right to a foundation of knowledge and skills, as well as the opportunity to pursue higher learning

Section 29(2) of the South African Constitution guarantees everyone the right to receive education in their chosen official language or languages within public educational institutions, where it is reasonably practicable. This right is conditional on the ability of the state to provide such education in a feasible manner

Section 29(3) of the South African Constitution grants everyone the right to establish and maintain independent educational institutions at their own expense, provided they do not discriminate on the basis of race, are registered with the state, and maintain standards at least as high as those of comparable public schools. Additionally, this subsection does not preclude the state from providing subsidies to independent educational institutions

Section 30 of the South African Constitution deals with the rights to language, and culture. It states that everyone has the right to use their own language and participate in the cultural life of their choice, but these rights cannot be exercised in a way that contradicts the Bill of Rights. Essentially, it protects individual cultural expression and linguistic freedom, but within the bounds of the Constitution's fundamental rights

Section 31 of the South African Constitution protects the rights of cultural, religious, and linguistic communities. It ensures that these communities can enjoy their culture, practice their religion, and use their language, as well as form, join, and maintain related associations. However, these rights cannot be exercised in a way that violates any other provision of the Bill of Rights

Section 32 of the South African Constitution guarantees everyone the right of access to information held by the state and any information held by another person that is required for the exercise or protection of any rights. This right is further defined and operationalized through the Promotion of Access to Information Act (PAIA), which came into effect on March 9, 2001

Section 33 of the South African Constitution guarantees the right to just administrative action. This includes the right to administrative action that is lawful, reasonable, and procedurally fair. Additionally, individuals whose rights are adversely affected by administrative action are entitled to be given written reasons for that action

Section 34 of the South African Constitution guarantees everyone the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. This includes the right to have a matter heard by someone impartial.

Section 38 of the South African Constitution grants broad access to courts for anyone alleging that a right in the Bill of Rights has been infringed or threatened. It allows individuals, groups, and even those acting in the public interest to approach a competent court and seek appropriate relief,

Section 39 of the South African Constitution, specifically subsection 39(2), is a crucial provision regarding the interpretation of the Bill of Rights. It mandates that when interpreting legislation, and developing the common law or customary law, courts, tribunals, and forums must promote the spirit, purport, and objects of the Bill of Rights.

Summary and proposals

Every Faith-Based religious organization should belong to a Federation, and that the Federation report to the CRL. Should a person conduct criminal behavior, the CRL must take the matter up with the relevant Federation and if it is of criminal nature, the person or persons must be arrested and face the full force of the law!

Illegal foreigners should not have churches, and untrained pastors should also not be allowed to run churches or preach without supervision of an overseer.

All churches must be registered with either the Department of Social Development as an NPO or NPC, or with CIPC as a (Pty) Ltd. The same should be applicable to Theology Training Ventures or the recognition of SACQAC by the South African Parliament to regulate and evaluate theology, ministry and religious studies education who will be an equal to South Africa Qualifications Authority for the purpose of ministry, theology and religious studies education. Southern Africa Christian Quality Accreditation Council applied to the South African Parliament as an act of Parliament for members of the national assembly to introduce the draft legislation for recognition as a statutory body/council.

The state must provide finances for the training up of Pastors and issue allowances to Pastors for running churches, bury, and counsel people, as well as contribute to church feeding schemes. These subsidies must be controlled by Social Development and must the church organization apply for subsidies. The income and expenditure should form part of the annual financial reports to the Department of Social Development or SARS.