Regulating Religion: State Governance of Religious Institutions in South Africa (ICLARS Series on Law and Religion)

This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues. Cover 1 Half Title 2 Series Page 3 Title Page 4 Copyright Page 5 Table of Contents 6 Preface 7 List of cases 10 PART 1 14 1. Introduction and Background 16 Church and state relationship in South Africa 16 A new approach – the constitutionally protected right to freedom of religion 18 Conclusion 25 Bibliography 26 2. The nature and legal status of religious institutions 28 Introduction 28 The nature and meaning of ‘religious organisation’ 28 Legal status 33 Conclusion 43 Bibliography 44 3. Collective religious rights and religious autonomy 46 Introduction 46 Collective religious rights 47 Religious autonomy 54 Conclusion 58 Bibliography 59 4. Conflict of rights 61 Introduction 61 Equality and non-discrimination 62 Limitation of rights 70 Conclusion 78 Bibliography 79 PART 2 82 5. The right to worship in community with others 84 Introduction 84 Burial rights 86 Circumcision and rites of passage 96 Witchcraft 98 Religious slaughter and dietary practice 105 Equipment and symbols 111 Religious holidays 117 Bibliography 122 6. Religion in education 126 Introduction 126 Legislative framework 127 Religious dress 135 Religious symbols 139 Laerskool Randhart – judgment 140 Independent schools 141 Conclusion 146 Bibliography 147 7. Freedom of expression: hate speech and blasphemy 149 Introduction 149 Blasphemy 151 Hate speech 154 Bibliography 159 8. Celebration of marriage 161 Introduction 161 Civil unions 163 Religious marriages 169 Bibliography 176 9. Financial regulation 178 Introduction 178 Legislative framework 179 NGOs and financial regulation 182 Financial abuses and proposed 185 Bibliography 194 10. Religious leaders 196 Introduction 196 Employment status 196 Discrimination and the right of religious institutions to appoint office holders 202 Conclusion 216 Bibliography 217 11. Other religious exemptions and reasonable accommodation for religious practices 219 Introduction 219 Abortion 220 Compulsory prevention or treatment of disease 223 Taking of an oath 227 Military service 228 Conclusion 231 Bibliography 231 12. Concluding remarks 233 Bibliography 241 Index 242 This book discusses government regulation of religious institutions in South Africa. It uses case studies to highlight the importance of religious autonomy and the right to self-determination and non-interference by the state.