By Charmaine Ndlela
The South African Church Defenders (SACD) has announced what it says will be the largest Christian march ever held in Limpopo, accusing the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) of overstepping its constitutional mandate and threatening religious freedom.
Addressing the media on Thursday, SACD chairperson Pastor Mpfariseni Mukhuba said thousands of Christians from Limpopo and other provinces are expected to gather at SABC Park in Polokwane on 10 August before marching peacefully to the office of Limpopo Premier Dr Phophi Ramathuba to deliver a memorandum.
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The organisation said the march forms part of a nationwide campaign to defend what it believes is the constitutional right of religious institutions to govern their own affairs without state interference.
“We stand before the nation because silence is not an option when constitutional freedoms are at stake,” Mukhuba said.
She argued that the Constitution guarantees freedom of religion and allows churches to regulate their internal affairs within the confines of the law.
“Where pastors or religious leaders commit crimes, South Africa already has laws to deal with fraud, assault, sexual offences and every other criminal act. We do not oppose accountability. We oppose unconstitutional interference in the affairs of the Church,” she said.
At the centre of SACD’s concerns is the CRL Rights Commission’s ongoing work on a legislative framework relating to religious institutions.
Mukhuba alleged that although the process has been presented as “self-regulation”, it would effectively introduce legislation governing churches.
“The CRL has gone beyond its constitutional mandate. A change in terminology does not change the substance. A legislative framework is still legislation,” she said.
She also questioned the authority under which the Commission’s Section 22 Committee continues its work, arguing that Parliament has not formally adopted recommendations on the matter.
“We ask: by whose authority?” she said.
Mukhuba further accused the Commission of attempting to intimidate individuals and organisations opposed to its proposals.
She claimed her church has recently been subjected to a Section 7 process by the Commission despite ongoing litigation involving the church and the City of Johannesburg.
According to Mukhuba, the Commission’s actions amount to an abuse of its powers because some of the matters under investigation are already before the courts.
She also referred to claims previously made by former Section 22 Committee chairperson Professor Xulu, who allegedly told Parliament that he had been referred to the State Security Agency and that critics of the Commission, including SACD members, were being profiled.
Mukhuba further claimed that Michael Swain of Freedom of Religion South Africa (FOR SA) had been reported to the police.
The organisation also revisited the events of 28 February 2021, when church members were involved in a confrontation with the Johannesburg Metropolitan Police Department (JMPD).
Mukhuba alleged that worshippers were met with force, including the firing of rubber bullets, and that church property was damaged during the incident.
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Following the confrontation, Pastor Mukhuba, Professor Mukhuba and five church members were arrested and prosecuted.
The criminal trial lasted about three years, during which the accused appeared in court approximately 40 times.
On 28 March 2024, they were acquitted on all charges after the State failed to prove its case.
Mukhuba described the acquittal as a judicial vindication of the church and its leadership.
She said the City of Johannesburg, the Gauteng provincial government and Parliament had subsequently acknowledged the injustice suffered by the church.
SACD also criticised the CRL Rights Commission for failing to conclude a complaint lodged by the church following the 2021 incident.
According to the organisation, the complaint detailed alleged violations of religious freedom and constitutional rights dating back to about 2010.
Although the Commission acknowledged receipt of the complaint, Mukhuba said no findings have been released more than five years later.
Instead, she argued, the Commission has initiated proceedings against the same church and its leadership.
The organisation further accused the Commission of focusing disproportionately on churches while failing to prioritise other human rights concerns.
Mukhuba pointed to recurring reports of deaths at initiation schools and allegations of abuse involving some traditional healers, arguing that these issues warrant greater attention from the Commission.
“We believe constitutional institutions should protect rights, not intimidate dissenting voices,” she said.
She also rejected statements by CRL chairperson Thoko Mkhwanazi-Xaluva that comments supporting legislation for churches were made before she assumed office.
“The issue is not when the statements were made; the issue is that the objective has remained the same,” Mukhuba said.
The organisation argued that churches have been forced to divert resources away from community development and social programmes to fund legal battles and constitutional campaigns.
“Our message is simple: Protect the Constitution. Protect freedom of religion. Enforce the laws that already exist against criminals. Leave the governance of the Church to the Church,” she said.
SACD called for the immediate dissolution of the current Section 22 Committee, demanded that the CRL Rights Commission return to what it described as its constitutional mandate, and urged Commission chairperson Thoko Mkhwanazi-Xaluva to resign.
The organisation also warned that if its concerns are not addressed, church leaders from across the country are considering a national march to Luthuli House in October to demand government intervention.
