Legislation
Post-apartheid South Africa's Constitution guarantees the right to freedom of religion, belief and opinion among other freedoms. The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) is a chapter nine institution established in 2004 to support democracy.
The new Constitution did not result in immediate reform of discriminatory legislation infringing on the right to religious freedom. Various legislative reforms have taken place or have been initiated since 1994 as a result of lobbying by disenfranchised groups.
The Civil Union Act, which came into effect on 30 November 2006, legalized same-sex marriage and also allowed for the legal designation of religious marriage officers without any religious restriction in accordance with the Constitution. Previously, religious marriage officers could only be legally designated as such "for the purpose of solemnizing marriages according to Christian, Jewish or Mohammedan rites or the rites of any Indian religion" in accordance with the Marriage Act. In accordance with section 5 of the Civil Union Act, any religious organization may apply to the Department of Home Affairs for designation as a religious organization and when designated as such must formally nominate suitable candidates from within their organization to be designated by the Department of Home Affairs as religious marriage officers for the purpose of solemnizing marriages according to the rites of that religious organization.
The Witchcraft Suppression Act of 1957 based on colonial witchcraft legislation criminalizes claiming a knowledge of witchcraft, conducting specified practices associated with witchcraft including the use of charms and divination, and accusing others of practising witchcraft. In 2007 the South African Law Reform Commission received submissions from the South African Pagan Rights Alliance and the Traditional Healers Organization requesting the investigation of the constitutionality of the act and on 23 March 2010 the Minister of Justice and Constitutional Development approved a South African Law Reform Commission project to review witchcraft legislation.
One of the SALRC's other new projects, the review of witchcraft legislation, will support the constitutional guarantee to freedom of religion, but will also serve to protect vulnerable groups. It is mostly women advanced in age that are persecuted as witches by communities holding traditional beliefs. These innocent victims are vulnerable to a double degree: as women and as older persons. —South African Law Reform Commission Thirty Eighth Annual Report 2010/2011The Christian holidays of Christmas Day and Good Friday remained in post-apartheid South Africa's calendar of public holidays. The CRL Rights Commission held countrywide consultative public hearings in June and July 2012 to assess the need for a review of public holidays following the receipt of complaints from minority groups about unfair discrimination. The CRL Rights Commission stated that they would submit their recommendations to the Department of Home Affairs, the Department of Labour, various Portfolio Committees and the Office of the Presidency.
Read more about this topic: Religion In South Africa
Famous quotes containing the word legislation:
“The laboring man and the trade-unionist, if I understand him, asks only equality before the law. Class legislation and unequal privilege, though expressly in his favor, will in the end work no benefit to him or to society.”
—William Howard Taft (1857–1930)
“Being offended is the natural consequence of leaving one’s home. I do not like after- shave lotion, adults who roller-skate, children who speak French, or anyone who is unduly tan. I do not, however, go around enacting legislation and putting up signs.”
—Fran Lebowitz (b. 1950)
“Strictly speaking, one cannot legislate love, but what one can do is legislate fairness and justice. If legislation does not prohibit our living side by side, sooner or later your child will fall on the pavement and I’ll be the one to pick her up. Or one of my children will not be able to get into the house and you’ll have to say, “Stop here until your mom comes here.” Legislation affords us the chance to see if we might love each other.”
—Maya Angelou (b. 1928)