Reasons against banning of religion in south Africa
Answers
Constitution
The preamble to post-apartheid South Africa's Constitution of 1996 contains references to God in the form of a multilingual evocation asking for God's protection and blessing.[1] Dutch theologian Johannes van der Ven describes this text as a "rhetorical petition prayer".[2] The Constitution nevertheless enshrines the right to freedom of religion.
Chapter 2 of the Constitution of South Africa, the Bill of Rights, contains a number of provisions dealing with religious freedom. Section 9, the equality clause, prohibits unfair discrimination on various grounds including religion and requires national legislation to be enacted to prevent or prohibit unfair discrimination. Section 15 states that everyone has the right to freedom of conscience, religion, thought, belief and opinion. This section also allows religious observances in state and state-aided institutions, provided they follow public authority rules, they are conducted on an equitable basis and attendance is free and voluntary; and provides for the recognition of religious legal systems and marriages that are not inconsistent with the Constitution. Section 31 protects the right of persons belonging to a religious community to practise their religion together with other members of that community, and to form, join and maintain voluntary religious associations.[3]
Various other provisions of the Constitution relate to religion and religious freedom. Sections 185 and 186 provide for a commission for the promotion and protection of the rights of cultural, religious and linguistic communities.[4] In addition, human rights such as the right to human dignity,[5] the right to freedom of expression[6] and the right to freedom of association[7] relate indirectly to the protection of religious freedom. The right to freedom of expression does not extend to hate speech based on various grounds including religion.[6]
The constitutional right to freedom of religion is not absolute. In his keynote speech at the public endorsement ceremony of the South African Charter of Religious Rights and Freedoms in Johannesburg on 21 October 2010 Deputy Chief Justice Dikgang Moseneke stated:
Most of the provisions of the charter may appear uncontroversial, and yet as a sitting justice of the Constitutional Court moments may present themselves when I may be duty-bound to proffer judicial opinion on the remit or impact of one or more of its provisions, if they were to be formally enacted, or if a justiciable dispute about its enactment should arise. I am thus honour-bound to keep an open mind on the constitutional appropriateness of its provisions.
...
Every right guaranteed in the Bill of Rights may be limited by a law of general application. Thus the right to religious freedom is not absolute. Its scope may be limited by other rights or by a law in pursuit of a legitimate government purpose.
...
We have opted for a secular state which is enjoined to observe strict neutrality among religious tendencies. This duty indeed extends to the right not to believe or hold or observe any religion.
Where religious rights are at odds with other constitutional guarantees or a legitimate government purpose, the conflict must be weighed carefully, keeping in mind that in our constitutional democracy the constitution is supreme and there is no hierarchy of rights. All rank equally. We all have the right to be different.
South African Human Rights Commission
The South African Human Rights Commission (SAHRC) is a chapter nine institution inaugurated in 1995 to support constitutional democracy. The SAHRC investigates complaints about unfair discrimination and assists members of the public with cases heard in Equality Courts.[10][11][12]
Religion in schools
National legislation and policies governing religion in schools relate to Religion Education, religious observances in schools and school dress codes:
The National Policy on Religion and Education adopted in September 2003 provides for Religion Education, i.e. education about diverse religions, which does not promote any particular religion in the public school curriculum. Religion Education is covered in the Life Orientation subject.
In accordance with Section 15 of the Constitution, religious observances are permitted in public schools provided they are conducted on an equitable basis which acknowledges religious diversity and attendance is free and voluntary.