Freedom of Religion and Minority Rights in South Africa

Yonatan T Fessha,Beza Dessalegn

doi:10.3390/rel12100901

Abstract

The South African Constitution contains an extensive list of rights, several of which are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group in South Africa. This article examines the extent to which these protections are utilized by individuals and courts and explores the interplay between these various sources of protection that religious minority groups and their members can rely on. It will examine the courts’ case law on freedom of religion to determine whether the courts have relied on one or all of the rights offered by the Constitution when dealing with claims made by persons belonging to a religious minority group. The reasons for and impacts of the choices that the courts have made will also be investigated. Equally important are the choices made by persons belonging to a religious minority group when approaching courts to vindicate their rights.

Highlights

Religion constitutes an important part of the identity of many South Africans
The South African Constitution contains an extensive list of rights, including traditional civil and political rights, as well as socio-economic rights
The South African Constitution recognizes several rights that are relevant, directly or indirectly, to accommodate the needs of persons that belong to a religious minority group

Summary

Introduction

Religion constitutes an important part of the identity of many South Africans. Yet, South Africa’s legacy of colonial rule and group-based discrimination means that “religious apartheid” has characterized its past and continues to impact its present. This suggests that a constitutional response to the accommodation of religious diversity was unavoidable. South Africa’s legacy of colonial rule and group-based discrimination means that “religious apartheid” has characterized its past and continues to impact its present.1 This suggests that a constitutional response to the accommodation of religious diversity was unavoidable. This article examines the extent to which the constitutional protections available to religious minorities are utilized by individuals and courts It examines the interplay between the various rights that religious minority groups and their members can rely on. This is followed by a discussion that describes the constitutional framework for the protection of persons belonging to religious minorities. This article focuses on the jurisprudence of the Constitutional Court and investigates the extent to which persons belonging to religious minorities have been given protection.

Religious Diversity and Religious Minorities in South Africa: A Historical

Protection of Freedom of Religion

Protection of Religious Minorities in the Courts

Conclusions