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PROTECTING FREEDOM OF BELIEF IN SOUTH AFRICA

South Africa’s Constitution strongly protects freedom of conscience, religion, thought, belief and opinion. Yet recent debates surrounding the CRL Rights Commission’s proposed self-regulatory framework for the religious sector have raised important questions about the relationship between accountability, religious autonomy and State involvement. This article examines the constitutional protections afforded to religious communities, the controversy surrounding the Section 22 process, and why safeguarding freedom of belief remains essential to South Africa’s democracy, diversity and human rights culture.

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WHY SAHRC V MALEMA MATTERS

Freedom of expression is a cornerstone of South Africa’s democracy, but it is not unlimited. The SAHRC v Malema case highlights where the law draws the line between protected political speech and hate speech, offering important lessons for politicians, voters and constitutional democracy.

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STATE CAPTURE IS HOLDING BACK SOUTH AFRICA

After Nelson Mandela was elected in 1994 his government abolished racially segregated local authorities, creating ostensibly integrated municipalities. Today these range in size from Johannesburg, the commercial capital, to units like Mpofana that comprise a small town and rural areas. All are supposed to fund themselves through property taxes, business rates and charges for water, electricity and waste collection. The poorest also get a grant from the central government to fill any gap between revenue and expenditure.

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WHO WATCHES THE WATCHDOG? CURB ABUSE, NOT RELIGIOUS FREEDOM

In this article, the FW de Klerk Foundation argues that South Africa must confront abuse in religious communities without placing lawful belief under state supervision. Existing criminal, tax and nonprofit laws should be enforced properly, while faith communities strengthen voluntary safeguards and accountability. Protecting congregants must never make the exercise of religious freedom dependent on official approval.

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2025 HUMAN RIGHTS REPORT CARD LAUNCH

In honour of Human Rights Day, the FW de Klerk Foundation’s Constitutional Rights Programme team will present the Foundation’s annual Human Rights Report Card which examines the extent to which the rights and freedoms enshrined in the Bill of Rights were practically enjoyed by all South Africans over the past year.

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