- SACD has petitioned the Johannesburg High Court to scrap the CRL’s Section 22 Committee and halt its church regulation efforts.
- The group argues that government oversight is unconstitutional and unfairly targets minority faiths.
- The case has mobilised faith leaders and congregants nationwide to defend religious liberty.
The battle over religious freedom in South Africa has reached a critical point. The South African Church Defenders (SACD) has brought an urgent application before the Johannesburg High Court, seeking to dissolve the CRL Rights Commission’s Section 22 Committee and declare the church regulation campaign unlawful.
The CRL Rights Commission has vowed to defend the legal action, with spokesperson Mpiyakhe Mkholo confirming that the matter will be contested in court.
SACD’s legal team argues the committee’s very existence threatens the constitutional right to religious freedom. In a statement, SACD said, “We have now reached a profound conclusion that matters must be taken to court.” The group warns that the CRL’s actions are “unconstitutional and represent a serious threat to religious freedom in South Africa.”
Section 22 Committee inaugurated
A significant milestone for the Christian faith community was witnessed on 2 October 2025 when members of a Section 22 Committee were announced at Rhema Bible Church in Randburg, officially conferring an immense responsibility into their hands.
The handover symbolised a collective commitment to fostering integrity, respect and accountability within religious communities, paving the way for a more ethical future. According to the Commission, the committee’s establishment is intended to reaffirm principles that advance human dignity and bring an end to instances of reported abuse.
The CRL says the Section 22 Committee aims to safeguard the spiritual and emotional well-being of congregants, and that freedom of religion “is sacrosanct and an inviolable constitutional right that must never be compromised by any individual.”
CRL’s investigation was sparked by shocking abuses
The CRL Rights Commission’s drive to establish the committee followed its 2015–2016 investigation into the “Commercialisation of Religion and Abuse of the People’s Belief Systems.” The Commission identified incidents where individuals were sprayed with insecticide, made to eat grass or consume petrol, or coerced into other dangerous acts, as well as cases of sexual assault and other abuse by religious leaders.
These findings were presented to the Portfolio Committee on Cooperative Governance and Traditional Affairs, which recommended in 2018 a charter for self-regulation and a legally recognised code of conduct for the sector.
In response to these recommendations, the CRL invoked Section 22 of its Act to establish a committee including representatives from major Christian umbrella bodies such as the Council of African Independent Churches, the South African Council of Churches, Rhema Bible Church, Zion Christian Church, and others.
Its mandate is to facilitate broad consultations and develop strategies to address abuse and implement self-regulation within 12 months. The CRL Rights Commissioners themselves are not part of this committee, which is supported only administratively by Commission staff.
SACD’s legal challenge: Allegations of unconstitutional overreach
Despite these stated intentions, SACD’s 400-page application alleges the CRL was developing regulatory models, peer review boards, licensing, state-defined training standards and registration requirements before any public consultation.
“What was presented as a consultation process was more likely to be a process of seeking support and endorsement for a predetermined outcome,” the application states. SACD says the regulatory push “disproportionately affects minority religious groups, particularly those outside mainstream Christian denominations, and fails to accommodate diverse religious practices.”
Legal and faith leaders rally against State overreach
Freedom of Religion South Africa (FOR SA) said it fully supports the legal action brought by SACD to defend religious freedom in South Africa. The organisation said it is crucial for the courts to draw a clear line against State overreach into the affairs of faith communities.
Michael Swain, Executive Director of FOR SA, said, “This is a foundational constitutional principle. The outcome of this case will determine whether or not religious freedom in South Africa remains protected, or whether the State will be able to interfere with and ultimately control the doctrinal beliefs and practices of religious organisations.”
SACD and its supporters are calling on all South Africans who value religious liberty to join their campaign. SACD spokesperson Rector Ngobeni said, “We are not just defending churches. We are defending the right of every South African to worship freely, without intimidation or unlawful oversight. We will not retreat. We will not be silenced.”
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