Section 22 Committee Raises Serious Concerns About Freedom of Religion

The Freedom Front Plus (VF Plus) is concerned about the uncertainty surrounding the so-called Section 22 Committee established for the religious sector and the potential consequences it may have for religious freedom in South Africa.

The Committee stems from the process initiated by the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) following its investigation into the so-called “commercialisation of religion”.

Although the process is presented as self-regulation within the religious sector, the Committee’s legal status, mandate and powers remain largely unclear. The Freedom Front Plus is concerned that this process could ultimately open the door to indirect state control of churches and religious institutions.

What is described as voluntary self-regulation today may over time develop into structures imposing codes of conduct, certification and oversight on faith communities.

The CRL Rights Commission is a Chapter 9 Institution mandated to promote and protect the rights of cultural, religious and linguistic communities. Its role is to strengthen constitutional rights, not to limit their scope.

Section 15 of the Constitution guarantees the right to freedom of religion, belief and opinion. Any process that may affect these rights should, therefore, be undertaken with great care.

Although proponents of the Section 22 process describe it as self-regulation, proposals already under discussion include codes of conduct, accountability mechanisms and certification for faith institutions. This raises important questions about who will determine these standards, who will oversee them, and what the consequences will be for churches that choose not to comply.

The Freedom Front Plus supports accountability and transparency within churches and faith communities. No religious leader is above the law, and where crimes are committed, justice must run its course.

This, however, is precisely where the actual problem lies. South Africa does not have a church problem; South Africa has a crime problem.

Criminal elements have already penetrated deeply into state institutions, including the police and parts of the criminal justice system. The solution is not establishing new oversight structures for churches, but restoring the state’s capacity to apprehend, prosecute and successfully convict criminals.

The cases of Shepherd Bushiri and Timothy Omotoso did not expose shortcomings in regard to religious freedom. They exposed shortcomings in immigration control, law enforcement and the functioning of the criminal justice system.

The state’s inability to take effective action against offenders should not be used as justification to subject law-abiding churches and faith communities to additional forms of oversight.

During the National Religious Freedom Dialogue on 28 October 2026 in Durban, the Freedom Front Plus’s Member of the Western Cape Provincial Legislature, Grant Marais, clearly expressed the party’s position on religious freedom as a fundamental constitutional right.

The Freedom Front Plus welcomes the remarks by Dr Zweli Mkhize, chairperson of the parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) during the Dialogue, confirming that the initial objective of the process is not to regulate churches. The party also welcomes his call for greater clarity on the composition, status and mandate of the Section 22 Committee.

For Christians, Christ alone is the Head of the Church (Colossians 1:18). The state’s role is to enforce the law and maintain public order, not to exercise authority over church matters.

The Freedom Front Plus will oppose any attempt at undermining religious freedom or opening the door to state interference in church affairs.

What South Africa needs is stronger institutions, better law enforcement and the successful prosecution of criminals, not more restrictions on law-abiding believers and their churches.

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