23/09/2026
Friends in regard to the CRL S22 committee’s push for religious control by the State (in South Africa) -
*The Professionalisation Fallacy* collapses the distinction between a state-regulated occupation and a constitutionally protected sphere of conscience and community. Treating the Church like the legal or medical profession would require the state (or a state-empowered council) to define acceptable qualifications, doctrine-adjacent standards, and fitness for ministry. That is incompatible with sections 15, 18 and 31. It exceeds the CRL’s mandate to promote and protect religious rights and risks converting religious freedom into a licensed activity.
Accountability for wrongdoing is non-negotiable and fully achievable through existing criminal, civil, and voluntary mechanisms. The Section 22 process should therefore be confined to genuine facilitation of voluntary, sector-led standards that leave institutional autonomy intact. Any legislative framework that conditions the exercise of religious ministry or the operation of religious institutions on registration, certification, or a state-recognised seal would fail the limitations analysis under section 36 and violate the foundational guarantee of religious freedom in the Constitution. (Sources: among others, FORSA, Adv. Madonsela)
