Apartheid, Religious Pluralism, and the Evolution of the Right to Religious Freedom in South Africa

2015 ◽  
Vol 40 (2) ◽  
pp. 237-260
Author(s):  
Georgia Alida du Plessis
Author(s):  
W. Cole Durham ◽  
Elizabeth A. Clark

This chapter analyzes the role that the fundamental right to freedom of religion or belief plays in ending or averting religious warfare, and in providing necessary footings for crystallizing peace out of conflict. After stressing that there is a tendency to lay exaggerated blame for many conflicts on religion, the chapter explores the Lockean insight that under certain circumstances, religious pluralism can serve as a stabilizing factor in society if states protect the right to religious diversity instead of imposing homogeneity. International limitation clauses on the scope of religious liberty play an important filtering role in promoting the positive contributions religion makes to society, while constraining negative religious effects. The analysis argues that secularity, understood as a framework welcoming religious pluralism, rather than secularism, as an ideology advocating secularization as an end in itself, is most conducive to the peacebuilding potential of religious freedom.


Author(s):  
Gerrit Pienaar

In balancing religious freedom with the right to equality and human dignity of persons affected by discriminatory measures, the provisions of sections 9, 10, 15(1), 31(1) and 36 of the Constitution of the Republic of South Africa Act 108 of 1996 and sections 7, 8 and 14 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 have to be considered.  Especially in the case of racial or gender discrimination, the burden rests on the respondent to prove that the distinction is based on acknowledged church dogma or religious belief, and is of such a nature that it passes the test of a nuanced and context-sensitive form of balancing of these freedoms and the right to human dignity and equality of persons affected by them.


Author(s):  
Vusimuzi Goodman Nkuna

Religious pluralism has characterized societies since time immemorial and has been one of the sources of conflict in many societies. This article compares how religious pluralism was handled in intertestamental Palestine and the manner it is managed in post-apartheid South Africa. The study used academic literature which applied the Apocrypha to describe the religious context of Palestine between 336 BC and 63 BC. The themes that emerged from this analysis were then used to source academic literature that describes the religious context of South Africa from 1994 to 2021. This process led to the synthesis of the similarities and differences of the two contexts. The findings latently reveal the contribution of the Apocrypha to theological reflection while simultaneously showing that the Roman Empire’s violent attempts to undermine religious pluralism in intertestamental Palestine bred counterviolence. The paper further reveals that post-apartheid South Africa’s use of legal instruments to promote religious pluralism seems to contribute to the optimization of religious freedom and peaceful co-existence. These findings are likely to contribute to the discourse of religious pluralism, interfaith dialogue, and intercultural communications. Keywords: Hellenism, Apocrypha, Religious Pluralism, Democracy


2021 ◽  
pp. 89-116
Author(s):  
Anatolii Kolodnyi

The article reveals the nature and manifestations of Ukrainian religious pluralism. Despite the constant interest in the topic - the plurality of religious life in Ukraine, science has not yet clarified the causes and roots of this phenomenon. The author analyzes the historical, psychological, socio-political factors that caused the religious diversity of Ukraine. The presence of many religious traditions within one ethnic and state territory promotes tolerant relations between bearers of different religious beliefs. Ukraine's religious plurality distinguishes Ukrainians from other nations. This gives grounds to consider Ukraine a unique religious phenomenon of the European level (Casanova). Religious plurality is a condition for the establishment of the principles of freedom of religion, freedom of choice. The author derives worldview plurality and polydenominationalism in Ukraine from the history of the Ukrainian people, looking for their origins in the pre-Christian and later early Christian era. The presence of heresy in Ukraine as a generalized form of coexistence of different worldviews explains the current richness of religious traditions, their syncretization. The article makes an intermediate conclusion that the history itself, living conditions, national character of the people formed Ukraine denominationally plural. Based on such a historical foundation, since gaining state independence in 1991, Ukraine has been self-determined in its priorities regarding the country's spiritual / religious development. The Law “On Freedom of Conscience and Religious Organizations” adopted by the Verkhovna Rada of Ukraine created a legal basis for the equal existence and development of different religions in Ukraine. The plurality of Ukrainian society is enshrined in law. The basic principles of the plurality of religious life are confirmed by specific digital data that illustrate the richness of religious traditions in Ukraine quantitatively and qualitatively. The author provides statistics on all religions and denominations that exist in Ukraine, giving the number of communities, monasteries, schools, priests, publications and more. Detailed information seeks to form a holistic picture of the religious life of Ukraine. The analyzed data give grounds to single out the factors that determine the religious plurality of Ukraine. According to the author, at the beginning of the XXI century the denominational network of Ukraine has largely already formed. The mass emergence of new religious movements is unlikely. Nevertheless, Ukraine has not yet exhausted all the possibilities of religious pluralism. It can grow not only due to the emergence of some exotic, technological, syncretic religions, but also because of intra-confessional division or unity of communities. In Ukraine, there are structures (public, scientific, state, educational, and interreligious) that cultivate interreligious tolerance, which will ensure a high level of religious freedom. However, religious pluralism in Ukraine is periodically threatened by various circumstances - internal and external, general and local, collective and personal. In conclusion, religious pluralism is determined as a guarantor of religious freedom, the right of everyone to profess his chosen system of spiritual values.


Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.


2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.


2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Sheila Mokoboto-Zwane

Controversy continues to surround the age-old practice of virginity testing, which in South Africa made a visible comeback around the time of the country’s first democratic elections when most South Africans began to feel free to practise their cultural beliefs without fear. It coincided with the period when the HIV pandemic began to take hold. It is practised mainly in some countries of Asia and Africa, and in South Africa it is practised mainly amongst amaZulu. It is believed that this practice prevents unwanted pregnancies and sexually transmitted diseases (STDs), especially HIV/AIDS, as well as engendering a sense of pride in teenage and young females, in particular. However, some individuals, organisations and sectors of the community frown upon the practice because it violates constitutional laws that protect the right to equality, privacy, bodily integrity and sexual autonomy. The purpose of this article is to present current discourse on the cultural practice of virginity testing and the controversies surrounding this discourse. This article draws its arguments from the existing literature on virginity testing.


2020 ◽  
Vol 11 (3) ◽  
pp. 112-152
Author(s):  
Busiso Helard Moyo ◽  
Anne Marie Thompson Thow

Despite South Africa’s celebrated constitutional commitments that have expanded and deepened South Africa’s commitment to realise socio-economic rights, limited progress in implementing right to food policies stands to compromise the country’s developmental path. If not a deliberate policy choice, the persistence of hunger, food insecurity and malnutrition in all its forms is a deep policy failure.  Food system transformation in South Africa requires addressing wider issues of who controls the food supply, thus influencing the food chain and the food choices of the individual and communities. This paper examines three global rights-based paradigms – ‘food justice’, ‘food security’ and ‘food sovereignty’ – that inform activism on the right to food globally and their relevance to food system change in South Africa; for both fulfilling the right to food and addressing all forms of malnutrition. We conclude that the emerging concept of food sovereignty has important yet largely unexplored possibilities for democratically managing food systems for better health outcomes.


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