‘Government must not legislate religion’ – Chief Rabbi

ELIANA CLINE

The commission undertook this investigation following media reports about instances in places of religious worship which put the lives of congregants in danger.

After months of detailed investigation, last month the commission presented its report to Parliament titled the “Commercialisation of Religion and Abuse of People’s Belief Systems”.

The key outcome of the report is the recommendations for the legal governance of religious leaders and institutions. Examples include that every religious practitioner must be registered and fall under umbrella organisations.

Additionally, every registered religious leader should have a location where he or she conducts religious ceremonies and this could be churches‚ homes‚ mosques‚ temples‚ mountains‚ open fields and tents.

Religious leaders of all faiths have voiced their strong objections to what they believe is an unnecessary reaction to a tiny percentage of unscrupulous religious leaders.

Rabbi Goldstein says that while the intentions of the report – to protect the vulnerable from exploitation and abuse – are legitimate, the broad sweeping practical recommendations of the commission threaten the rights of a democratic nation.

The government should not get involved in legislating religion, says Rabbi Goldstein. “I believe that these recommendations will be found to be unconstitutional. Freedom of religion and freedom of association are basic rights of the South African Constitution.

“For a healthy democracy to exist, it is critical that religion and state must be kept separate. Religious leaders hold a vital role in society. As independent organisations, they can provide a voice of morality and conscience, which is separate from government.

“Should they be under governmental control, they will lose their power to positively influence society when they deem necessary,” he says.

The commission was established to strengthen constitutional democracy. However, many religious leaders believe that these recommendations in fact violate the rights of the Constitution and are unconstitutional.

While any amendments to the law are a long way off, Rabbi Goldstein says that he and his fellow religious leaders will work untiringly to ensure these are not adopted by Parliament and that the democratic and societal danger of merging state and religion are understood.

Rabbi Goldstein says that the numerous religious leaders he has engaged with across the board, are strongly opposed to these recommendations. As an executive member of the largest interfaith organisation in South Africa the NLRC, Rabbi Goldstein has close relationships with many influential religious leaders.

He says he will work closely with these leaders to provide detailed objections and documentation supporting their objections and recommendations.

He says  he appreciates the importance of protecting citizens and that this report opens debate to very real and complex issues.

“How far does the state have to go to protect intelligent adults from their decisions? Of course, people need protection, but removing freedom of religion is not the answer. It is akin to state capture of religion.

“There are other effective ways to handle the findings of the report without endangering our rights to freedom of religion.

“My colleagues and I are going to be active and productive members of the conversation. We can come up with creative solutions to protect the individual while safeguarding the Constitution.

“There are alternative ways to address these issues outside of the legal system. For example, a code of ethics has been created in the business sector and has been deemed as an acceptable standard.”