Freedom of Religion South Africa (FOR SA) has strongly condemned the recent statements made by Thoko Mkhwanazi-Xaluva, the re-appointed Chairperson of the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL), who has called for the government to step in and regulate how religious leaders and churches operate in South Africa.
In an interview with Newzroom Afrika, Mkhwanazi-Xaluva proposed creating government-appointed committees that would decide who can lead a church or practice as a religious leader.
"We need a system - similar to that of doctors and lawyers that says: 'You want to open a church, or be a religious leader, you apply first'."
Mkhwanazi-Xaluva said the committee will check if you have any concerning history, assess each individual, and grant them a license to run a church - given the exposure to vulnerable groups like women and children - applicants would also be checked against offender registries.
She suggested these committees could also suspend or remove leaders if they’re found guilty of wrongdoing, emphasising that “it’s not business as usual around churches anymore”.
"If you do something wrong then people can go to the peer review committee to report you. If found you are doing something wrong, they will help victims through the system."
She was being interviewed about the ongoing issues surrounding the KwaSizabantu Christian Mission in KwaZulu-Natal, where victims of alleged abuse as children at the church are suing the CRL for R2.5 million each, seeking justice for their suffering.
In this context, she proposed pushing for new laws that would give the state more power over religious organisations - something that FOR SA strongly opposes.
Michael Swain, Executive Director of FOR SA, responded sharply in a statement to Mkhwanazi-Xaluva's comments, emphasising that the South African Constitution already safeguards religious freedom and that this does not extend to protecting criminal behavior.
“A crime is a crime - whether committed by a politician, a pastor, or a postman - and those who commit crimes should face the full force of the law,” Swain said.
He noted that the legal system already provides ample recourse for dealing with criminal activity in religious settings. One notable example was the successful conviction of the so-called “Prophet of Doom", who was sentenced for assaulting congregants with insecticide.
Swain pointed to this case as evidence that existing laws are sufficient to hold perpetrators accountable.
Swain argued that the problem lies not in a lack of regulation, but rather in the enforcement of existing laws.
“The CRL’s report focuses on a problem that is already covered by South African law. What we need is more effective enforcement, not new laws or regulatory bodies,” he said.
This proposal is not new. In 2016, the CRL Rights Commission presented a report to Parliament titled The Commercialisation of Religion and Abuse of People’s Belief Systems, in which it highlighted criminal acts committed by certain religious leaders and called for state intervention.
Mkhwanazi-Xaluva acknowledged in her interview that the issue had “fallen off the table” during her first term as chairperson but expressed a renewed commitment to pushing for state regulation. She confirmed plans to form a committee that would advocate for the introduction of legislation in Parliament to enforce her proposals.
However, FOR SA pointed out that the issue of state regulation had already been thoroughly reviewed in 2018 during hearings by the COGTA Parliamentary Portfolio Committee.
"Faith communities across South Africa strongly opposed the regulation of religion, and the committee’s report recommended that religious organisations develop their own self-regulatory mechanisms," the statement read. "Consequently, a consultative process led to the creation of a Code of Conduct based on the Religious Freedom Charter, which had been endorsed by over 20 million people of faith and multiple faith-based institutions - including the CRL itself."
Swain reiterated that while FOR SA fully supports the CRL’s mandate to protect religious freedom, it believes any solutions to address misconduct in religious settings must respect the rule of law and the constitutional right to religious freedom.
“We look forward to engaging with the commission to explore alternative and effective solutions that address concerns without infringing on the rights of religious communities,” he said.