By Lehlohonolo Lehana.
The Cultural, Religious and Linguistic (CRL) Rights Commission to open a case of crimen injuria against the Freedom of Religion South Africa (FOR SA) organisation.
Chairperson of the CRL Rights Commission, Thoko Mkhwanazi- Xaluva, along with Cheryl Zondi addressed the media on some critical issues, including one matter that is expected to progress to court.
Mkhwanazi-Xaluva alleged that NGO FOR SA had been persistently using various social media platforms to spread misinformation about the work of the commission.
“This misinformation has been sustained despite us having met them to provide clarity on why the commission has resolved to undertake particular projects or programmes.
“However, the most crucial issue that necessitated this briefing today is the malicious lies that they have been spreading about me as the chair of the commission, as well as Cheryl Zondi,” she said.
In April this year, the Commission for the Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) raised concerns about the absence of effective oversight mechanisms for religious leaders in churches
Mkhwanazi-Xaluva at the time questioned who was responsible for monitoring and preventing inappropriate behaviour in churches.
She said Forsa, an organisation of religious leaders representing more than 12-million people, had appealed to the president not to reappoint her in 2019. She said they claimed to have highlighted irregularities and bias of the CRL’s investigation and the conflict and division this had created among the faith communities, which CRL had a statutory and constitutional duty to protect and defend.
She said the CRL has no plans to regulate religion in South Africa.
“Part of what he is saying is the CRL wants to regulate religion. We have explained this many times that we cannot regulate religion. They know pretty well that what they are saying is not true. I think they are making these allegations partly because of the shock; they are still reeling at the shock that [I am] back. I know I shouldn’t underestimate how unusual the situation that I’m in is.”
Mkhwanazi-Xaluva, also said the commission remains open to discussions with witnesses who testified against KwaSizabantu Mission, despite a recent court judgment.
The Gauteng High Court in Pretoria has dismissed an application for the review and setting aside of the CRL Rights Commission’s report into allegations of cultism, malpractice and invasion of religious rights at KwaSizabantu Church (KSB) in KwaZulu-Natal.
The court was asked to review and set aside the report regarding the allegations of malpractice and the invasion of religious rights of members or congregants of the KwaSizabantu.
This followed the 2023 findings of the CRL Rights Commission on its investigation, in which it did not make specific findings on these complaints.
The Commission has recommended that the religious institution apologise to its former members. However, it could not make specific findings on the specific allegations and advised those affected to lodge criminal cases.
The commission, in the review application, raised a number of technical defences, which include the non-joinder of certain parties, the legal standing by the applicants to bring the application, and their “failure” to exhaust internal remedies.