We have the best Constitution – Lutfo
MANZINI – 1d]ingeni 0ember of 3arliament 03 /utfo 'lamini has applauded the country’s Constitution for embracing all religions
'lamini observed that while the country had a chance to choose Chris tianity as a supreme religion during the drafting of the Constitution, 3arliament was conscious not to taNe that route, but chose to allow other religions to e[ist
+e said the draft Constitution had a clause that gave supremacy to Chris tianity but after much deliberation, 3arliament resolved to remove it
³, was lucNy to be a part of the 3arliament that voted against the supremacy of Christianity in the Constitution 3ersonally, , had my own reasons and one of them was that our God is all supreme and does not need a piece of law to establish +is authority on earth So many times, as Christians, we attempt to fight God’s battles and forget that +e is an all powerful God and can fight his own battles,´ said 'lamini
+e said (swatini was credited for having the best Constitution because it resisted the temptation of having a superior religion in law 'lamini said everyone was allowed in terms of law to practise any form of religion, as long as it does not oppose the funda mental right of the people
OPPORTUNITY
'lamini was speaNing during the 3arl 'ay at the Seventh 'ay $dvent ist Church in .waluseni, 0atsapha 7he church discussed in detail a number of issues regarding the law and the church 0embers of the con gregation also got an opportunity to engage on the legislation as related to the %ible
+igh Court -udge 0a[ine /ang wenya facilitated a lecture on µ)ree dom of 5eligion’ and said it was important to note the role of the Constitution in the establishment of a conducive environment for all forms of religious beliefs
She said freedom of religion comes from the basis of the persecution of the church 7he Mudge said Christians were persecuted and suffered for the religion, hence there was a need for the church to discuss the basis of freedom for all forms of religion in accordance to the law
She said there was a need for the nation to develop religious tolerance in order to be able to live well with one another She mentioned that advocates for freedom of religion call for a secular State that does not favour one religion
CONSTITUTION
³$s Section 23 of the country’s Constitution does not give power to one religion but open up the platform, it is imperative for the country and church to be tolerant :e need to be tolerant of those that do not even go to church or follow any form of religion 5eligious tolerance is very important and , am glad that as a church we are able to discuss such issues,´ she said
7he Mudge said the role of the State was to decide the e[tent at which the country may recognise or establish a religion She stated that the country’s Constitution was clear that all forms of religion needed to be respected
She said the Constitution allows the freedom of thought and conscience /angwenya also mentioned that the State was not in a position to deny anyone from practising their religion She said the freedom of religion, as a right, impacts education and family law
REFERENCE
/angwenya made reference to +igh Court case number 223 of 2 , where Seventh 'ay $dvetists Church member 7iyamiNe 0a]iya tooN the 8niversity of (swatini to court for refusing to reschedule an e[amina tion paper which was set for Saturday
³7hough the case was in 2 , be fore the Constitution was enacted, the courts ruled in favor of 0a]iya even though the university could not re schedule the e[am 7he issue giving rise to this application was the failure of 0a]iya to sit for one of the papers of his programme that was written on Saturday 0ay , 2 $s the day fell on Saturday and according to the Seventh 'ay $dventist Church, Saturday is regarded as the Sabbath day and as such, holy )or this reason, no worN of any nature is undertaNen on Saturday which, according to the scripture, more particularly the 7en Commandments, is regarded as a day of prayer
SUBJECTS
7he applicant passed all other sub Mects saves for the paper he did not write on the day +e then failed his first year and is now repeating the whole year of study,´ said /ang wenya
7he -udge averred that the free dom of religion was closely Nnit to Section 2 of the Constitution, which reflects that all persons were eTual before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enMoy eTual protection of the law
Section 23 on the other hand reflects that a person has a right to freedom of thought, conscience or religion ,t states that e[cept with the free con sent of that person, a person shall not be hindered in the enMoyment of the freedom of conscience
7he supreme law states that free dom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others
,t is further stated in the Constitu tion that a religious community was entitled to establish and maintain places of education and to manage any place of education which that community wholly maintains She further stated that community may not be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education, which that community wholly maintains or in the course of any education which that community otherwise provides