Proselytising the Regulation of Religious Bodies in South Africa

In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organisations/bodies. A unique feature of this human right is the extent to which it is a right premised upon a personal belief. The latter can be "bizarre, illogical or irrational", but nevertheless deserving of protection in the interests of freedom of religion. However, when the expression of a religious belief or practice transgresses the civil or criminal law it must be dealt with within the relevant legislative framework to hold the transgressor liable. Measures taken by the state to regulate religious bodies in terms of a general supervisory council or umbrella body is an unreasonable and unjustifiable interference with freedom of religion, and hence unconstitutional. The right to freedom of religion depends for its constitutional validity - and viability - on no interference (or regulation) by the state except in instances as provided for in terms of relevant legislation.

Autorentext

Dr Radley Henrico is a senior lecturer in the Department of Public Law and Jurisprudence in the Faculty of Law at the University of the Western Cape, South Africa. He lectures Administrative Law and Legal Interpretation. He is an Advocate of the High Court of South Africa. In 2010 he obtained his LLM degree in labour law (cum laude).