Council calls for legislation that will keep the country’s churches in check

THE National Heritage Council of South Africa has called for a review of the operations of the religious sector in the country.

This comes as the sector has once again been put in the spotlight, with the trial of pastor Timothy Omotoso gripping the nation.

Omotoso, of the Jesus Dominion International church, is on trial at the Port Elizabeth Court for rape and human trafficking. He stands accused of sexually abusing 30 girls.

As a result of the trial, the chief executive of the council, advocate Sonwabile Mancotywa, said it was especially sad that, in this era, churches were trampling on the human rights of citizens.

“There should be an urgent audit of churches in the country to ascertain the size of this sector. A review of the legislation should be undertaken by the government, with new legislation that responds to the current challenges in South Africa signed into law.”

He said this legislation should be based on a code of ethics that all churches and the clergy are bound by.

“It is important for us to convene an immediate conversation by key stakeholders in the religious and culture sector to tackle this problem that is preying on innocent people.”

Freedom of Religion South Africa’s executive director, Michael Swain, said no one could commit a crime and claim to be protected by the freedom of religion.

“However, the Constitutional Court has already ruled in the Prince vs Cape Law Society case that a religious belief or practice remains valid and protected, even if it is ‘bizarre, irrational or illogical’. The line is crossed when a practice is illegal – like spraying a congregant in the face with insecticide. At this point, the state – and government commissions like the CRL – have a duty to intervene and to lay appropriate charges.”

“Freedom of religion is protected by section 15 of the constitution, and it is very important that it remains free from government regulation. The state has no business in defining what is (or is not) acceptable doctrine or religious practice. Wherever state regulation of religion exists, freedom of religion is inevitably eroded and persecution often follows – as can be seen in countries like China, Russia and Angola.”