Freedom of Religion South Africa (FOR SA) – on behalf of various churches and faith groups in South Africa – intends to intervene in (and ask that our application be heard simultaneously with) the South African National Christian Forum’s (SANCF) application to the Johannesburg High Court to challenge the current Lockdown regulations which prohibit all faith-based gatherings indefinitely. This application will likely be heard in early February.
FOR SA has previously written to the President to ask that Government provide the scientific data and reasons why it has banned all faith-based gatherings during the adjusted Level 3 regulations, while allowing for (e.g.) casinos, fitness clubs, cinemas, conference centres, galleries, museums and restaurants to continue operating subject to certain numerical limitations and safety protocols. We believe that this blanket ban is irrational and unconstitutional, because it discriminates unfairly against the religious sector.
FOR SA respects Government’s right to promulgate regulations to safeguard lives and to prevent the health care system from being overwhelmed. Our argument simply is that it must treat all sectors of society equally, unless it can provide scientific evidence that faith-based gatherings (which at this point remain undefined) pose a greater health risk than those gatherings it permits.
While there are diverse opinions within the religious sector regarding the motivations for, or appropriate response, to Government’s blanket ban on all forms of religious meetings, FOR SA’s position is that the question is ultimately a legal one – Is Government’s blanket ban on religious meetings reasonable and justifiable in terms of section 36 of the Constitution (which includes that it must be based on scientific data).
As a legal advocacy group working to protect and promote the constitutional rights of all faiths to freedom of religion, FOR SA has no desire to be contentious or adversarial towards Government. Given, however, that the religious community has greater constitutional protection than any economic sector of our society, we have no option other than to prepare a legal challenge, while at the same time hoping that Government will either amend its position or provide scientific and data-backed reasons for its unfair treatment of the religious community. In the absence of this, we believe that this decision by Government should be tested in a court of law and that a judicial review is important to evaluate and fairly assess whether (or not) Government’s severe restriction of these fundamental rights is reasonable and justifiable in accordance with the requirements of the rule of law, the Constitution and just administrative action.
FOR SA’s arguments, and the relief it seeks, are very similar to cases recently adjudicated in Germany, Switzerland, France and the USA, where courts have struck down regulations which have unfairly discriminated against faith-based gatherings and places of worship. As such, our application challenging the blanket ban on religious gatherings – if successful – will benefit all religious institutions and persons from across the faith spectrum who are currently unable to gather in any shape or form.
A copy of the Executive Summary setting out the proposed grounds for FOR SA’s court application, and the proposed relief we would be asking the Court for can be viewed here.
FOR SA encourages all interested religious organisations to consider if/how you would like to become involved in this matter. To this end, we have prepared a Form/Survey with further information, which can securely and easily be completed on-line. Should further information be required, please contact Michael Swain, Executive Director of FOR SA on 072 270 1217 or email michael.swain@forsa.org.za.
FOR SA has previously written to the President to ask that Government provide the scientific data and reasons why it has banned all faith-based gatherings during the adjusted Level 3 regulations, while allowing for (e.g.) casinos, fitness clubs, cinemas, conference centres, galleries, museums and restaurants to continue operating subject to certain numerical limitations and safety protocols. We believe that this blanket ban is irrational and unconstitutional, because it discriminates unfairly against the religious sector.
FOR SA respects Government’s right to promulgate regulations to safeguard lives and to prevent the health care system from being overwhelmed. Our argument simply is that it must treat all sectors of society equally, unless it can provide scientific evidence that faith-based gatherings (which at this point remain undefined) pose a greater health risk than those gatherings it permits.
While there are diverse opinions within the religious sector regarding the motivations for, or appropriate response, to Government’s blanket ban on all forms of religious meetings, FOR SA’s position is that the question is ultimately a legal one – Is Government’s blanket ban on religious meetings reasonable and justifiable in terms of section 36 of the Constitution (which includes that it must be based on scientific data).
As a legal advocacy group working to protect and promote the constitutional rights of all faiths to freedom of religion, FOR SA has no desire to be contentious or adversarial towards Government. Given, however, that the religious community has greater constitutional protection than any economic sector of our society, we have no option other than to prepare a legal challenge, while at the same time hoping that Government will either amend its position or provide scientific and data-backed reasons for its unfair treatment of the religious community. In the absence of this, we believe that this decision by Government should be tested in a court of law and that a judicial review is important to evaluate and fairly assess whether (or not) Government’s severe restriction of these fundamental rights is reasonable and justifiable in accordance with the requirements of the rule of law, the Constitution and just administrative action.
FOR SA’s arguments, and the relief it seeks, are very similar to cases recently adjudicated in Germany, Switzerland, France and the USA, where courts have struck down regulations which have unfairly discriminated against faith-based gatherings and places of worship. As such, our application challenging the blanket ban on religious gatherings – if successful – will benefit all religious institutions and persons from across the faith spectrum who are currently unable to gather in any shape or form.
A copy of the Executive Summary setting out the proposed grounds for FOR SA’s court application, and the proposed relief we would be asking the Court for can be viewed here.
FOR SA encourages all interested religious organisations to consider if/how you would like to become involved in this matter. To this end, we have prepared a Form/Survey with further information, which can securely and easily be completed on-line. Should further information be required, please contact Michael Swain, Executive Director of FOR SA on 072 270 1217 or email michael.swain@forsa.org.za.
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