South African Charter Research Articles

The Naming of Independent Churches in the 21st Century: A Critical Discourse Analysis of Charismatic Churches in South Africa

South Africa is a democratic country, wherein every individual has the right to belong to any religious community. Churches in the Bible were not given specific names, but the church’s location was used to refer to that church. Mainline churches named their churches using doctrinal convictions, and some used the names of their founders. However, leaders of charismatic churches in South Africa are more creative in naming churches, using names that communicate what the church stands for or a name depicting an expected contribution of the church to the community in which it is based. This article discusses the naming patterns and practices of three church categories as representative examples: the early church (in the Bible), mainline churches, and charismatic churches in South Africa. Using content analysis as a qualitative approach, data were gathered by analysing content from sources such as the Bible, the South African Charter of Religious Rights and Freedoms, and content posted on Facebook and YouTube, while critical discourse analysis and text analysis constituted the analytical framework. The study found that there has been a major shift in the naming practices of churches in the three categories.

Freedom of religion: From the Church Order of Dordt (1619) to South Africa (2018)

This article is about freedom of religion as an integral part of the Reformation of the 16th century and how it was expressed in the Church Order of Dordt (1619) and later at the Cape of Good Hope under the rule of the Political Council. The article also traces the route of freedom of religion under the rule of the English and after 1910, under the rule of various political parties until the current situation (2018) with a Constitution that guarantees freedom of religion for every person in South Africa, and The South African Charter of Religious Rights and Freedoms.

CHARTERS OF RELIGIOUS FREEDOM: THE MAGNA CARTA (1215), ORDINANCE NO. 7 OF 1843 (SOUTH AFRICA), AND THE SOUTH AFRICAN CHARTER OF RELIGIOUS RIGHTS AND FREEDOMS (2010)

In June 2015 a conference was held in Oxford to commemorate the 800th Anniversary of the Magna Carta (the Great Charter). In 1865 Ordinance no. 7 of 1843 was hailed as the Magna Carta of the Dutch Reformed Church. At the conference in Oxford a paper was given on the “Magna Carta and South Africa”. This article grew out of that paper. In the article, the historical development of religious freedom in different time periods are touched upon to end with the South African Charter of Religious Rights and Freedoms (SA Charter), which was signed by many religions in South Africa on 20 October 2010 – its Constitutional setting and background while the differences between the Magna Carta, Ordinance no. 7 of 1843 and the SA Charter are accentuated. The biggest difference between the three documents are that the Magna Carta and Ordinance no. 7 of 1842 were documents that originated from the authorities and were granted to the churches, while the SA Charter is a document that grew from the religious communities itself.

Freedom of religion and religious coercion The challenge posed by the prohibition of coercion as a condition of religious freedom

Religious freedom opened up a world for religious diversity. Te drafters of the right to freedom of religion were well aware of the atrocities committed in the name of religion and therefore include an important fundamental of religious freedom. Belonging to and participating in the practises of religion must be a voluntary act. Unfortunately, as a result of the susceptibility of people and the nature of religion some new religious groups feel entitled to ignore the condition believing that their belief system supersedes any earthly convention. Addressing this issue pose a challenge to governments. Restricted by the right to religious freedom no political or legal measure can be introduced to regulate or prescribe the internal functioning of religion. The solution is needed on another level. The South African charter for religious rights and freedoms not only provides an ideal platform to engage in a fruitful interaction with other religions but also to guard and assist in the adherence to the fundamentals of religious freedom.

Religious interfaith work in Canada and South Africa with particular focus on the drafting of a South African Charter of Religious Rights and Freedoms

Constitutional protections for religious freedom (and related freedoms of conscience, belief and association and equality), once interpreted by courts and tribunals, apply in a precedential manner to future cases. They have an influence well beyond the particular community to which they first applied. For this reason, religious communities have increasingly banded together and sought to intervene or even, on occasion, to initiate legal actions asserting or defending their rights. This article reviews some of the principles around the freedom of religion as understood in South Africa and Canada to show how courts have understood the freedom of religion in its social context. In addition, interfaith cooperation is discussed with particular reference to the recent process which led to the formation of a Charter of Religious Rights and Freedoms pursuant to Section 234 of the South African Constitution (which is attached to the article). This section, a unique provision in any constitution, allows for the creation of additional Charters to give greater specificity to the general language of the Constitution itself. As such, it is an encouragement to civil society to determine what it thinks are the important provisions that should be spelled out to give guidance to politicians and the judiciary. Awide variety of religious groups participated in the creation of the Charter. The Charter does not claim to be, nor could it be, exhaustive of such concerns but demonstrates that religions can cooperate across a host of issues in education, health care, employment and other issues. The next stage – passage into law, is still in the future but the first important hurdle has been crossed with the signing of the Charter in October of 2010. The Charter might be a template for other countries though changes would be necessary to deal with local issues.