Backlash against CRL Commission's new oversight committee for religious groups
There have been growing concerns about the abuse of religion
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The establishment of a new regulatory body to oversee churches and faith institutions has reignited a national debate about the state’s role in religion, with critics warning that the initiative could pave the way for government control over matters of faith.
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) last week introduced a Section 22 Committee, described as a peer-review mechanism to promote accountability and curb abuse within religious organisations.
The commission said the committee will consult widely, operate independently, and help “restore order in the sector”.
But the move has drawn strong objections from Freedom of Religion South Africa (FOR SA) and political party ActionSA, who argue that any form of legislated oversight would violate the constitutional right to freedom of religion.
Both groups said while protecting congregants from exploitation is essential, it must not come at the expense of religious autonomy.
FOR SA said it supports steps to promote safety, healing, and accountability in faith communities, but warned that regulation through legislation would amount to state interference.
“Regulation backed by legislation is, by definition, state regulation,” the organisation said. “Once legislation governs the internal life of religious communities, even if described in terms of ‘self-regulation’, the resulting effect is state control of religion.”
The organisation said South Africa already has sufficient laws to prosecute fraud, assault, sexual offences, and other crimes that occur within churches. “South Africa’s challenge is not a lack of laws but the inadequate enforcement of the comprehensive set of laws that already protect against fraud, assault, sexual offences, financial crimes, child abuse, and other crimes that may be committed,” it said.
FOR SA urged the CRL to strengthen existing voluntary frameworks, noting that “the South African Charter of Religious Rights and Freedoms, and an accompanying Code of Conduct, already exists.” It said these should be built upon rather than replaced by new legislation.
The organisation also raised concerns about the transparency of the committee’s composition and selection process, saying that “clarity on this would help foster trust and enhance the quality of public participation.”
ActionSA expressed similar reservations, saying while it welcomed the committee’s intent to protect the vulnerable, it would firmly oppose any attempt to interfere in religious doctrine or governance.
“Oversight must not drift into the regulation of doctrine or faith,” the party said. “The right of South Africans to worship freely must never be compromised by government overreach.”
Citing a parliamentary reply from the Minister of Cooperative Governance and Traditional Affairs, ActionSA noted that no legislative proposals to regulate churches have been submitted and that the CRL currently has “no regulatory powers, only oversight functions”.
“These assurances are important,” the party said. “The establishment of the Section 22 Committee must therefore be seen strictly as an oversight mechanism, not as an attempt to regulate or control religious practice.”
FOR SA said it would continue to engage with the CRL and keep the religious sector informed about opportunities to participate in consultations. “Our goal is simple and unwavering: a South Africa where every person remains free to celebrate, speak about, and live out their faith, within the bounds of the Constitution and without state control of religion,” it said.