BQ 920 – 25/2026
IIRF Cape Town engages in the debate on regulation of religion in South Africa

22. April 2026

(Bonn/Cape Town, 22.04.2026) The South African branch of the International Institute for Religious Freedom opposes the proposal to regulate religion in South Africa through a legislative framework. The Cape Town based branch engaged in the regulatory debate with a submission anchored in the philosophical foundations of freedom of association and religion.

Following highly mediatised cases of abuse within religious communities, the South African Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL) since 2015 pursues state facilitated regulation of religious organisations and practitioners as a purported remedy shortcomings observed. After a five year lull, these plans have been recast as “self-regulation” by said Commission since early 2025, while pursuing a legislated framework to be enacted by parliament. Based on an earlier report of the CRL, pentecostal and charismatic churches are framed as a national security threat in the South African National Security Strategy published in 2025.

To pursue the regulation agenda, an intermediary ad-hoc committee of Christian leaders has been created, that is to nationally consult Christian communities in all nine provinces from April 2026 on a “Draft Self-Regulatory Framework for the Christian Sector in the Republic of South Africa”. This framework promotes instruments such as a “code of conduct” and a “Christian Practice Council for Ethics and Accountability” awarding a “Seal of Good Standing” to participating organisations, complaints investigations, dispute resolution and sanctions, which can ultimately lead to deregistration and public notification.

This project has lead to fierce opposition and a national debate arguing over which institutional design counts as “self-regulation” when religious freedom must be maintained alongside accountability.

In this context the IIRF presents an academically reflected voice with its submission. It opposes legislated regulation of religion, religious institutions or religious practitioners. It argues:

(1) That there needs to be full recognition and support of the authorities that define and expound religious freedom in South Africa, particularly the unique “South African Charter for Religious Rights and Freedoms”;

(2) That the autonomy of the internal law of associations has rational foundations that merit respect;

(3) That association-specific government regulation would be unreasonable;

(4) That the autonomy of religious associations militates against external regulation of religion;

(5) That the example of the commitment by the judiciary in protecting the autonomy of religious associations should be followed by public authorities; and

(6) That a framework for the regulation of religion undermines religious freedom.

IIRF Cape Town is a multidisciplinary network of academics studying religious freedom. The statement has been drafted by a professor of constitutional law and edited by a professor of religious studies.

IIRF Cape Town has recently co-hosted the 2nd Conference on Religious Freedom in South Africa with the theme, “The Regulation of Religion and the Limits of Law” held in January 2026 at the University of the Free State in Bloemfontein.

The IIRF had multiple engagements in the past with the CRL Rights Commission and South African Parliament Commission Hearings on regulation of religion. IIRF members and affiliates have published multiple scholarly articles on the matter which are referenced in the current statement.

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