Shaun De Freitas

Freedom of Association as a Foundational Right: Religious Associations and Strydom V Nederduitse Gereformeerde Gemeente, Moreleta Park

Abstract In Strydom v Nederduitse Gereformeerde Gemeente, Moreleta Park the applicant was appointed as an independent contractor by the respondent (a church) to teach music to its students. The respondent terminated the services of the applicant when it was discovered that he was involved in a same-sex relationship. However, it was decided that the respondent had discriminated unfairly against the applicant. This decision has prompted earnest debate regarding the parameters of appointments by (and membership of) religious associations in South Africa. This investigation contributes to such debate arguing that appointments by (and membership to) a church may require an adherence to the core tenets of such a church, irrespective of the functions emanating from such an appointment. Also, the view that same-sex sexual conduct should not be used as a discriminatory ground in appointments (membership) by a religious association is critically analysed, hereby presenting some insights as to the relationship between the right to equality and religious rights and freedoms, especially in the context of diversity and identity in a pluralist and democratic society.In Strydom v Nederduitse Gereformeerde Gemeente, Moreleta Park the applicant was appointed as an independent contractor by the respondent (a church) to teach music to its students. The respondent terminated the services of the applicant when it was discovered that he was involved in a same-sex relationship. However, it was decided that the respondent had discriminated unfairly against the applicant. This decision has prompted earnest debate regarding the parameters of appointments by (and membership of) religious associations in South Africa. This investigation contributes to such debate arguing that appointments by (and membership to) a church may require an adherence to the core tenets of such a church, irrespective of the functions emanating from such an appointment. Also, the view that same-sex sexual conduct should not be used as a discriminatory ground in appointments (membership) by a religious association is critically analysed, hereby presenting some insights as to the relationship between the right to equality and religious rights and freedoms, especially in the context of diversity and identity in a pluralist and democratic society.

Introduction : the right to freedom of religion in South Africa and related challenges

For many believers, their relationship with God or creation is central to all their activities. It concerns their capacity to relate in an intensely meaningful fashion to their sense of themselves, their community and their universe. For millions in all walks of life, religion provides support and nurture and a framework for individual and social stability and growth. Religious belief has the capacity to awake concepts of self-worth and human dignity which form the cornerstone of human rights. In this quote, Sachs J highlights the crucial significance of religious belief to many millions of individuals in South Africa. Yet, surprisingly, there has been very limited legal academic writing concerning the implications of the Constitution of the Republic of South Africa, 1996 for religious rights and freedoms, even though there is an urgent need for an examination of these fundamental issues. In the past, the South African state has had a problematic relationship with religion. To a large extent, the state aligned itself (at least during the apartheid era) with a particular form of Christianity, which had implications for the type of education, public holidays, modes of entertainment and sexual conduct that were permissible. Moreover, some religious groupings provided doctrinal support and legitimation for the apartheid system; others strongly opposed it. This history thus requires us to think seriously about the relationship between religion and the state as well as the role religion plays within South African society as a whole.

Mottos, prayer and the public university

Abstract Recent decisions by the University of the Free State (UFS) regarding the amendment of its motto and the prohibition of the public manifestation of prayer at formal occasions serve as a catalyst towards discussion on the role and place of religion not only in a public university but also in the public sphere. The exclusion of religious expression and activity seems to be part of the UFS’s drive towards a ‘transformed and inclusivist’ approach. This article consequently investigates such exclusivist measures, critically analysing whether such initiatives are truly aligned with ‘transformative’ and ‘inclusivist’ aims. How religious (and belief) expressions and practices are dealt with at the UFS makes for a particularly good case study regarding commitments to pluralism, accommodation and multiculturalism. By looking specifically at the changing of the motto of the UFS and the exclusion of prayer at this institution, this article seeks to find solutions to a more effective accommodation of religious expression at the UFS. Lessons can be learnt from this not only for the UFS, but also for any public institution.

From Heinrich Bullinger to puritanism: John Hooper's theology and the office of magistracy

The sixteenth-century English Reformer John Hoopers views on the biblical idea of magisterial office and the application of Gods law to the whole of the Christian community had a profound influence in England and Scotland. It is also clear that Hooper assimilated much of the German Reformer Heinrich Bullingers theologico-political federalism, and played an important role in the reception of Bullingers thought in sixteenth- and seventeenth-century Britain. Bullinger, via Hooper, also influenced English and Scottish theories of political resistance in diverse ways.