Constitutional Rights Archives - MDNtv

Pastor Mukhuba says Thoko Mkhwanazi-Xaluva should be removed as chairperson of the CRL Rights Commission, arguing she is not impartial and unfit to lead a Chapter 9 institution

Sam Thangwane — Thu, 12 Mar 2026 18:05:50 +0000

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She says the proposed regulation of churches could criminalise pastors and lead to church closures, warning it may create restrictions similar to those in Rwanda and Angola.

Pastor Mukhuba, speaking at a large march currently underway in Durban organised by the South African Church Defenders (SACD), says the CRL Rights Commission, led by Thoko Mkhwanazi‑Xaluva, is pushing for measures that would regulate how churches operate.

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She argues that such legislation could infringe on constitutional rights, including freedom of religion, worship, expression, and association, and said the commission is overstepping its mandate to protect these rights.

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Christian Leaders and Faithful March in Durban to Defend Religious Freedom

Sam Thangwane — Thu, 12 Mar 2026 17:30:49 +0000

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Thousands of Christians are participating in a march in Durban today, organised by the South African Church Defenders. The march began at King Dinuzulu Park in the Durban CBD and is moving toward Durban City Hall, with pastors, church leaders and believers gathering to defend religious freedom.

Organisers say the demonstration is aimed at opposing proposals linked to the CRL Rights Commission’s Section 22 Committee, which some churches believe could lead to greater government regulation of churches and religious practices in South Africa.

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Breaking news: The South African Church Defenders has delivered a memorandum in Durban today

Sam Thangwane — Thu, 12 Mar 2026 16:44:26 +0000

The South African Church Defenders has delivered a memorandum in Durban today, Thursday after thousands of Christians marched through the city to protest against proposed regulations of churches.

The group handed over the memorandum at Durban City Hall, raising concerns that government oversight proposed by the CRL Rights Commission could threaten the constitutional right to freedom of religion.

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Church Defenders Deliver Memorandum to KZN Premier After Durban March

Sam Thangwane — Thu, 12 Mar 2026 16:42:58 +0000

Christian groups marched in Durban today, Thursday, where the South African Church Defenders handed a memorandum to KwaZulu-Natal Premier Thami Ntuli opposing proposed regulations affecting churches.

The group says the proposals linked to the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) could amount to state interference in religious affairs.

They are calling on government to protect constitutional rights to freedom of religion and ensure churches remain independent from state control.

The commission, chaired by Thoko Mkhwanazi-Xaluva, says its proposals aim to improve accountability in the religious sector.

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Thousands of Christians March in Durban to Defend Religious Freedom

Sam Thangwane — Thu, 12 Mar 2026 09:42:54 +0000

Thousands of Christians from across KwaZulu‑Natal and beyond are marching through the streets of Durban today in a major demonstration for religious freedom and against proposed regulatory measures affecting churches.

Organised by the South African Church Defenders (SACD), the march began this morning from King Dinuzulu Park and is making its way toward City Hall.

Participants, representing a range of denominations, say they are exercising their constitutional right to worship freely and are opposed to moves they see as state overreach into church affairs.

The protest comes amid a heated national debate over the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) and its establishment of a Section 22 Committee that some church leaders claim could lead to government regulation of religious organisations potentially affecting how churches operate internally.

Critics argue the committee undermines religious autonomy guaranteed under the Constitution’s protections for freedom of religion.

Organisers insist the march is peaceful and lawful, with a memorandum to be handed over to the eThekwini Mayor’s office calling for clarity on regulatory proposals and respect for constitutional rights. They also reaffirm that existing laws should handle criminal conduct in religious spaces without creating new bureaucratic oversight.

Earlier engagements between religious leaders and Parliament’s Portfolio Committee on Cooperative Governance and Traditional Affairs highlighted the importance of protecting both religious freedom and congregants from abuse but left some issues unresolved, fuelling today’s mobilisation.

City traffic has been affected in central Durban as marchers fill the streets with banners and chants defending freedom of worship. Police are on the scene to ensure public safety, and organisers have urged participants to remain peaceful throughout the event.

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CRL Rights Commission Breaks Silence After Musa Xulu Resignation

MDNtv — Wed, 21 Jan 2026 08:36:46 +0000

The CRL Rights Commission briefs the media in Braamfontein on the status and key developments of the Section 22 Ad Hoc Committee for the Christian Sector.

This briefing follows the resignation of Professor Rev Musa Xulu, raising serious public interest around the future of the committee, its findings, and the Commission’s constitutional mandate.

The Commission outlines significant matters arising from the committee’s work, ongoing programmes, and the way forward after recent leadership changes. Transparency, accountability, and governance within the Christian religious sector remain central to this update.

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CLARION CALL FROM THE PRESIDENT – YOUTH MOVEMENT

Hlakaniphile Magadlela — Sat, 17 Jan 2026 12:13:46 +0000

We stand with the people of South Africa whose children are, once again, denied space in public schools. This crisis is not new. It happens every year, yet government continues to arrive without a plan, without urgency, and without accountability.

This failure sits squarely with the Minister of Basic Education, Siviwe Gwarube, and the Premier of Gauteng, Panyaza Lesufi. Their administrations have turned school admissions into an annual spectacle of confusion, queues, and exclusion, while issuing press statements instead of delivering classrooms.

The Department of Basic Education governs through excuses.We further condemn the situation in Gauteng, particularly Ekurhuleni, where learners are expected to return to schools without electricity. We call on EMPD and all responsible authorities to immediately restore electricity to public schools. No learner should be forced into a school that cannot even keep the lights on.

The crisis is worsened by deep systemic challenges: poor infrastructure planning, neglected township and rural schools, chronic underinvestment in classrooms, and an admissions system that consistently fails working-class families.

We state without hesitation that the ANC–DA governance arrangement has directly contributed to this crisis. While they posture as partners of stability, their combined governance has produced policy paralysis, administrative confusion, and a lack of accountability. Children are paying the price for political convenience and elite consensus.

We condemn this situation in the strongest possible terms. We reject the normalisation of failure, the recycling of excuses, and the continued punishment of poor and working-class children for government incompetence. This is a violation of rights and a betrayal of the future.

President – AFRIKA Mayibuye Youth Movement Keamogetswe Masike

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CRL Section 22 Chair Resigns | “I Could Not Continue” – State & Church Tensions Explained

MDNtv — Thu, 15 Jan 2026 22:47:38 +0000

Former Section 22 Committee Chair Reverend Professor Musa Kulu has resigned from the CRL Rights Commission process, citing serious concerns over governance, transparency, and interference in the committee’s work.

In a detailed media briefing, Prof Kulu outlined why he could no longer continue in his role, warning of shifting mandates, procedural irregularities, and growing tensions around proposals affecting the Christian church in South Africa.

Church leaders and faith-based organisations responded by reiterating their opposition to any form of state regulation of religion, while emphasising that criminal behaviour must be addressed through existing laws.

This development adds new momentum to the national debate on religious freedom, constitutional rights, and the role of Chapter 9 institutions.

Watch the full briefing and analysis.

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Battle for Soul of the Church: SACD Tests Clout Against CRL Rights Commission

Hlakaniphile Magadlela — Sat, 27 Dec 2025 10:02:47 +0000

All eyes are set on the Gauteng High Court in Johannesburg, where legal salvos are certainly going to lift off the launch pad. The South African Church Defenders (SACD) will roll up its sleeves in the determined fight to tell the State where her role as constitutional enforcers end. It also intends to draw a line for the government, through the CRL Rights Section 22 Committee where to step back else it will be infringing on the territory of the divine which the church represents – a tall order indeed.

All these are likely to be set in motion as soon as the court returns from the 2025 year end recess early to mid January 2026.

While the church thinks that the State wants to raise instruments with which to ‘control the church through the back door’, the State believe there must be a standard which church actors must maintain like other professionals – lawyers, doctors and the like. This, it claims, would keep people in line and protect the vulnerable in society.

The Heart of the Dispute

With the looming legal duel, South Africa is in the midst of a serious constitutional showdown, one that places religious independence face-to-face with the state’s responsibility to shield citizens from harm. On one side stands the SACD, a coalition of churches and faith leaders. On the other is the CRL Rights Commission. The clash has landed in the Gauteng High Court, where the SACD is challenging the Commission’s Section 22 Committee and its proposed Draft Christian Sector Self-Regulatory Framework, which the coalition says amounts to unlawful state intrusion into religious life.

The CRL Rights Commission is a constitutionally established body tasked with safeguarding cultural, religious, and linguistic rights. Its decision to form the Section 22 Committee and propose a regulatory framework emerged after years of public concern about a small number of churches implicated in highly publicized cases of abuse, exploitation, and harmful practices. According to the Commission, the aim is simple: accountability, protection of the public, and the restoration of trust.

To the SACD and its supporters, however, the initiative represents something far more troubling. They see it not as protection, but as an expansion of state power that cuts directly into the constitutional guarantee of religious freedom. In their view, the Commission has moved beyond its advisory role and is attempting to impose a bureaucratic system that effectively places churches under state control.

Ask the church how she sees the action and consequences, fingers would be pointing to the stepping up of anti-Christ activities, a mark of end-time activities against the church in which persecution steadily increases until Christ the Savior returns as the Bible explains.

SACD’s Case Before the Court

In November 2025, the SACD filed a detailed application with the Gauteng High Court. The case does not deny that criminal conduct should be confronted wherever it occurs. Instead, it challenges the authority of the Commission to regulate religious institutions in the manner proposed.

Their legal arguments rest on several key points:

Constitutional Violations: The SACD argues that the framework infringes on Section 15 (freedom of religion), Section 18 (freedom of association), and Section 31 (rights of cultural, religious, and linguistic communities) of the Constitution. They maintain that churches are being singled out for a level of oversight not imposed on other civil society organizations.

Procedural Overreach – Central to the case is the claim that the Section 22 Committee was unlawfully established. According to court papers, the committee was formed by the CRL Chairperson without a formal resolution of the full Commission, rendering its actions invalid. The SACD also accuses the Commission of mischaracterizing Parliament’s rejection of similar regulatory proposals in 2018.

The SACD also contends that the process has disproportionately focused on Christian churches particularly Charismatic and Pentecostal movements while excluding other faith traditions such as Islam, Hinduism, and Judaism. They further point to the inclusion of “the mushrooming of charismatic churches” in South Africa’s 2024–2028 National Security Strategy as evidence of a prejudicial narrative shaping official policy.

Through the court, the SACD is seeking a declaration that the Section 22 Committee is unlawful, that all its work be set aside, and that the state be prohibited from regulating church doctrine or internal governance.

Regulation Versus Autonomy

At its core, the dispute reflects two fundamentally different visions of how ethical conduct within religious spaces should be ensured.

The CRL Commission’s Proposal

The Draft Self-Regulatory Framework outlines a formal structure for the Christian sector that includes:

Mandatory Registration and Accreditation that Churches would be required to register and meet standards facilitated by the state. However, one of the sorest points is issue of the “Seal of Good Standing”which is a Certification for compliant churches, and as far as SACD is concerned, this is repugnant as it fears this could sideline or stigmatize those without it.

An Independent Christian Practice Council: A new body tasked with reviewing and certifying churches based on ethics and governance is being planned.

Future Mandatory Compliance: Although initially framed as voluntary, the CRL Chairperson has indicated that compliance is expected to become compulsory for all churches operating in South Africa.

The SACD’s Response: Independence and Existing Law

The SACD rejects the framework outright, arguing instead for an approach grounded in two principles:

Religious Autonomy: They maintain that calling, doctrine, and church governance fall within the realm of conscience and accountability to God and congregants not the state. In their view, faith cannot be licensed, and the government cannot position itself above spiritual authority.

Use of Existing Laws, which the SACD insists that crimes such as fraud, abuse, and exploitation are already covered by South Africa’s criminal justice system. These offenses, they argue, should be prosecuted through established legal channels rather than through a separate regulatory regime that blurs the line between criminal accountability and spiritual oversight.

Why This Case Matters

Constitutional democracy with reference to the church is on trial and this dispute goes far beyond policy details; it raises fundamental questions about the nature of freedom in this setting.

The court’s ruling will help define the boundary between the state’s duty to prevent harm and the constitutional protection of religious independence. It will shape how South Africa balances freedom and regulation in the years ahead. It is a case under intense watch all over the world and promises to be quite interesting.

Here are implications for all faith communities: while the current framework targets the Christian sector, its success could pave the way for similar oversight across all religious traditions.

However, the case has sparked intense public discussion around power, trust, and accountability. Some see the Commission’s actions as part of a wider global shift toward state control of religious expression, while others argue that stronger oversight is essential to protect vulnerable people from abuse.

South Africa At Crossroads

The confrontation between the SACD and the CRL Rights Commission marks a defining moment in South Africa’s democratic journey. It forces the nation to confront a difficult but vital question: how can society enforce the rule of law and protect citizens from harm without encroaching on the sacred, constitutionally protected space of faith and worship? While the Church is wont to watch over errant ministers, which she agrees should be subject to the existing criminal justice system, the end time events such as increasing challenges and persecution against her is building up, all be it subtly. She should prepare for ‘war’.

For the SACD, this is a stand in defense of the Constitution against bureaucratic overreach. For the CRL Commission, it is a necessary intervention to safeguard the public from unchecked abuse.

As the Gauteng High Court prepares to hear the matter, its decision will do more than settle a legal dispute. It will either reaffirm or redraw the delicate boundary between church and state shaping South Africa’s understanding of religious freedom for generations to come.

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Church Defenders Clarify Court Case and Accuse CRL of Fueling Division

Hlakaniphile Magadlela — Tue, 23 Dec 2025 19:51:03 +0000

South African Church Defenders (SACD) have moved to clarify the scope of their legal challenge against the CRL Rights Commission, accusing the commission of misrepresenting the nature of the court case and deepening divisions within religious communities.

Addressing the media, SACD leaders rejected claims that their court action seeks to prevent different faith groups from meeting or being represented together. They said such assertions are misleading and are not reflected in their legal papers.

According to SACD, the court application is narrowly focused on three key issues. The organisation is seeking a declaration that the Section 22 Committee established by the CRL was unlawful, that all actions taken by the committee are invalid, and that the committee must be disbanded. These demands, they said, have already been submitted to Parliament and included in a memorandum to the Presidency.

SACD also confirmed that it is challenging the CRL’s communication with state security structures that reportedly labelled charismatic churches as a domestic threat. The organisation argues that this characterisation has contributed to suspicion, fear, and unnecessary tension among religious communities.

At the centre of the case, SACD said, is the protection of constitutional rights guaranteed under Sections 15, 18, and 31 of the Constitution, which safeguard freedom of religion, freedom of association, and the collective rights of religious communities.

Church leaders warned that recent statements and actions by the CRL risk reviving divisions and disruptions seen in previous years, raising concerns about possible witch hunts against pastors. They questioned why alleged victims are not being referred to existing investigative and justice structures if credible information already exists.

SACD also raised concerns about the potential cost and scope of expanding Section 22 committees across multiple faith groups, arguing that such an approach could place an unnecessary burden on public resources while failing to address genuine cases of criminal conduct.

The organisation stressed that it does not oppose accountability or justice, but insists that criminal matters should be handled by established law enforcement and judicial bodies rather than through broad regulatory measures targeting religious communities.

In closing, South African Church Defenders said they will continue to pursue both legal action and peaceful protest to oppose what they describe as unconstitutional overreach. The group reaffirmed its commitment to defending religious freedom and called on believers across the country to remain informed, united, and engaged.

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