Floyd Shivambu’s Afrika Mayibuye Movement has come out strongly against the (Cultural, Religious and Linguistic) CRL Rights Commission’s latest initiative to regulate churches and spiritual leaders through its newly launched Section 22 Committee.
Led by Shivambu, who was sacked as MK Party secretary general after his trip to controversial pastor and fugitive Shepherd Bushiri’s church in Malawi, the party has warned that the move could pave the way for unconstitutional state control over religion in the country.
The committee, launched on Tuesday 2 October at Rhema Bible Church, is intended to establish mechanisms for oversight and peer review within the faith sector. But critics argue it is a revival of previously rejected proposals that threaten religious freedom.
Dangerous overreach
Mayibuye has called the initiative a “dangerous overreach”. It pointed to the CRL Commission’s earlier attempt in 2017 to introduce similar measures.
Those were ultimately rejected by the Parliamentary Portfolio Committee on Cooperative Governance and Traditional Affairs. It instead recommended voluntary, self-regulation within the religious sector.
“Any attempt to license or regulate religious leadership through state-appointed structures is an affront to the Constitution,” the party said in a statement.
“This is a clear threat to the spiritual and political freedoms of South Africans. Particularly African faith communities whose traditions have long been marginalised and misunderstood.”
Freedom of Religion South Africa (FOR SA), a legal advocacy group that defends constitutional religious freedoms, said it had been monitoring the committee closely.
In a statement, the organisation said it supports accountability and transparency within religious institutions. But it draws a firm line at government regulation.
“South Africa already has a robust set of laws to deal with abuse, fraud, and other crimes. What’s needed is better enforcement. Not new legislation that risks state control over religious doctrine and governance,” FOR SA said.
Spiritual leadership under threat
The group highlighted that the Constitutional Court protects even “bizarre, irrational or illogical” beliefs under the right to freedom of religion. It argues that this makes it impossible to apply a single standard to spiritual leadership. Unlike professions such as law or medicine.
FOR SA also noted concerns about the committee’s transparency and selection process. And it urged the CRL to clarify its terms of reference and ensure inclusive consultation.
Instead, both organisations support building on existing voluntary instruments. These include the South African Charter of Religious Rights and Freedoms, developed by the faith sector itself.
“True accountability must come from within the religious community,” Mayibuye said.
“The state’s role is to protect rights, not to police belief.”
As debate around the CRL’s role continues, civil society groups are urging Parliament to tread carefully. They caution it to protect one of South Africa’s most fundamental rights.
