Faith Under Fire? South African Churches Challenge State Oversight

South African churches are taking the CRL Rights Commission to court, arguing that new oversight rules infringe on religious freedom and church governance. Picture Credit: Adobe Stock

By Aisha Zardad

South Africa – The South African Church Defenders (SACD) has taken the CRL Rights Commission to court, arguing that its Section 22 Committee is overstepping its mandate and interfering with church governance.

The Section 22 Committee was established by the CRL Rights Commission, a constitutional body responsible for protecting cultural, religious, and linguistic rights. Its aim is to promote accountability and curb abuse within churches. In December, the committee released a draft self-regulatory framework proposing church registration, accreditation, a “Seal of Good Standing,” and the creation of an Independent Christian Practice Council to certify organisations meeting ethical and governance standards.

SACD argues that the framework exceeds the committee’s advisory role and amounts to state interference in the internal affairs of churches.

“This case is not about resisting accountability or protecting wrongdoing,” SACD said in a statement. “It is about defending constitutional democracy, the rule of law, and the fundamental right to freedom of religion.”

The group claims the draft framework violates constitutional protections for freedom of religion, association, and collective rights, unfairly targeting churches while leaving other civil society organisations unregulated.

SACD also warned that mandatory registration and accreditation could pressure churches to comply and create the perception that non-compliant churches are morally suspect.

“The framework paints churches as inherently dangerous or morally suspect, which is misleading. South African law already provides remedies where criminal conduct occurs,” SACD said.

The organisation stressed that spiritual matters are beyond human or political control, and that pastors are accountable to God rather than the state. They further expressed concern over divisions within Christian communities, noting that pastors risk being portrayed as separate from their congregations or labelled as delinquents.

The Gauteng High Court will now hear the case, setting the stage for a constitutional debate over religious freedom, state oversight, and church governance in South Africa.