Religious Liberty/Freedom: Presented by Godfrey Nyika Dupwa TOC SYL Study Group Small Group Discussions 30-05-2020

Religious
Liberty/Freedom
Presented by Godfrey Nyika Dupwa
TOC SYL Study Group Small Group discussions
30-05-2020
RELIGIOUS LIBERTY
 FREEDOM TO BELIEVE
 The Seventh-day Adventist church strongly believes in religious freedom for
all people. A person’s conscience, not government, should dictate his or
her choice to worship or not.
 We have advocated for these goals for more than 100 years, through our
department of Public Affairs and Religious Liberty (PARL), to governments
and religious and international organizations
Advocacy
This advocacy takes many forms
Fighting against laws that would inhibit an
individual’s religious freedoms
working to obtain the release of individuals
imprisoned for religious reasons
supporting the rights of individuals fired from
their jobs for following their conscience
Public Affairs and Religious Liberty
As the official voice of the Adventist Church on matters of
religious freedom and human rights,
PARL maintains offices in Washington, D.C. to allow for
convenient access to the U.S. Congress;
New York City, to liaise with the United Nations;
and at the church’s world headquarters in Silver Spring,
MD.
PARL also sponsors the International Religious Liberty
Association (IRLA) on behalf of the Adventist Church.
IRLA is a non-sectarian organization supporting religious
freedom around the world.
International Religious Liberty Association
The first organization of its kind,
IRLA brings together representatives of many
faiths—including Catholics, Baptists, Muslims,
Jews, Mormons, Buddhists and others—to support
religious liberty.
PARL and IRLA promote this vital cooperation
through conferences, religious liberty festivals
and other events, collectively raising awareness
and educating government officials around the
world
This priority is vital to the Seventh-day Adventist
Church.
While we are a rapidly growing denomination
around the world, the church often finds itself
in the religious minority, and consequently,
understands the importance of ensuring that
all voices be allowed to speak.
The Adventist Church believes that;
Fighting religious oppression and
Defending an individual’s right to
worship according to his or her
conscience regardless of that
person’s religious affiliation —is in
everyone’s best interest.
SA government covid-19 school recovery plan & Adventists
SA government covid-19 school recovery plan & Adventists
Adventist wins case against former employer over
working on Sabbath
NEWS / 13 APRIL 2019, 4:57PM / STAFF REPORTER The Saturday Star
A recent Labour Appeal Court ruling has sent a stern warning
to South African employers to be more tolerant of their
employees’ religious beliefs.
This comes after the court ruled in favour of Deidre Beverley
Faris, who took her employer, TDF Network Africa, to court
over what she deemed was an unfair dismissal over her
unavailability to work over the Sabbath.
working on Sabbath
The court agreed that the Seventh Day Adventist,
who observes the day for religious reasons and
abstains from work from Friday evenings to
Saturday evenings, was dismissed unfairly and
awarded her 12 month’s compensation.
Faris told the Labour Appeal Court the company
was aware that she observed the Sabbath and
that this prohibited her from working during this
time.
working on Sabbath
But TDF Network Africa went on to fire her from her
managerial position at the company, arguing that it
was an inherent requirement for someone her position
to participate in the company’s stocktaking.
This duty was a requirement of the logistics and
transport service provider and the task was conducted
once a month, on a Saturday. As Faris was unable to
attend stocktaking due to her religious obligations, the
company then dismissed her for “incapacity”.
working on Sabbath
When Faris approached the court, she contended
that during her interview with TDF Network Africa
she informed the company of her religious beliefs,
which precluded her from working at the time in
question.
The employment contract contained a provision
requiring her to work overtime, provided it did not
exceed the statutory limits.
Adventist wins case over working on Sabbath
against former employer
What the judgment means for
employers:
Employers must demonstrate that it is
impossible to accommodate an
individual employee without imposing
undue hardship or insurmountable
operational difficulty on them.
What the judgment means for employers:
Employers must demonstrate that it is impossible to
accommodate an individual employee without
imposing undue hardship or insurmountable
operational difficulty on them.
An employer may not insist on an employee
obeying a workplace rule where a refusal to obey
that rule would have little or no consequence to
the business.
Employers must think carefully before they institute
incapacity proceedings against employees who are
unable to adhere to a specific workplace rule or
practice.
Employers must draw a distinction between employees
who arbitrarily disobey a lawful instruction and those
who have a legitimate reason based on religious beliefs
or other constitutionally protected rights.
On incapacity-related matters, employers are duty-
bound to try to accommodate employees who are
unable to render services as normal.
Adventist Church in Jamaica welcomes stance that
protects Sabbath keepers
With a ration of 1 Adventist per 12 persons in
Jamaica, this stance will affect more than three
hundred thousand members on the island.
Apr 16, 2018 | Kingston, Jamaica | Jamaica Union
News/IAD Staff
The Seventh-day Adventist Church in Jamaica has
welcomed the stance taken by president of the Private
Sector Organization of Jamaica (PSOJ) last week in
Kingston, toward members of the Association who deny
employment to Seventh-day Adventists.
Howard Mitchell, president of PSOJ said that action will
be taken against member companies if they are found
denying Seventh-day Adventists jobs simply because of
their faith.
Mitchell’s remark came from the

backdrop of the United States State
Department International Religious
Freedom Report, which found that
Sabbath-keepers experience difficulty to
get or hold on to jobs.
“I am very heartened by the stance taken
by the president of the PSOJ not to support
members of his organization who violate the
constitutional rights of workers to worship on
the day they choose,” said Pastor Everett
Brown, president of the Seventh-day
Adventist Church in Jamaica.
“We encourage other leaders in the
private and public sectors to support our
advocacy to preserve the rights of all
workers and students to worship on the
day that they choose as provided for by
the constitution of Jamaica.”
“I am very heartened by the stance taken by the
president of the PSOJ not to support members of his
organization who violate the constitutional rights of
workers to worship on the day they choose,” said
Pastor Everett Brown, president of the Seventh-day
Adventist Church in Jamaica. “We encourage other
leaders in the private and public sectors to support our
advocacy to preserve the rights of all workers and
students to worship on the day that they choose as
provided for by the constitution of Jamaica.”
Pastor Brown said the Adventist Church will
continue to lobby and be a voice for church
members and other people of faith whose right to
worship on the day they choose have been
violated.
“We will continue to work with all stakeholders to
ensure that we eliminate discrimination at the
workplace and in our educational institution on
the basis of religion.”
According to a Jamaica newspaper report, one of the
biggest problems is that some supervisors are paying
employees extra to work on Saturday, which may give
the impression that money may be used to entice
workers to work on the Sabbath. “It is in breach of the
guarantee given by the constitution that there should
be no discrimination based on one’s religion, beliefs
practices or observance of a day of rest,” said
Attorney-at-law Wendell Wilkins. As a result, a citizen’s
religious day must be respected as a matter of law, he
added.
Wilkins further argued that Jamaica is a signatory to many
international agreements which provides that there must
not be any discrimination based on one’s religion. “This
constitutional right operates whether the entity in question
is private or public, therefore at the workplace no one
should be discriminated against on religious grounds,
whether they worship on Saturday, Sunday or any other
day, when they seek employment or they are already
employed.” “The right against discrimination on religious
grounds also applies to public and private educational
institutions,” Wilkins added.
Reacting to the US State Department disclosure, Coke
described the situation as unfortunate. “It is
unfortunate, whichever country or whichever
organization, that does not recognize the religious right
of individuals according to their God-given
conscience. It is a fundamental right to every single
man at creation,” said Coke. Coke noted that the
discrimination also transcends the workplace into
tertiary institutions, where coursework and exams are
set during hours Seventh-day Adventists reserve for
their Sabbath.
“We need to hear from the education sector because
many Sabbath keeping students are now worried
because their upcoming exams, are set during
Sabbath hours from sunset Friday evening to sunset
Saturday evening,” Coke emphasized. The Seventh-
day Adventist Church in Jamaica has more than
307,000 church members worshiping in 738 churches
and congregations. The church oversees 29 primary
and secondary schools, a university and a hospital.
To learn more about the church in Jamaica, visit
jmunion.org
Hospital Sued for Not Giving Adventist Nurse
the Sabbath Off
The U.S. government takes a Minnesota hospital
group to court.
By Andrew McChesney, news editor, Adventist
Review
The U.S. government is suing a privately owned
hospital group in the state of Minnesota, accusing
it of revoking a job offer in retaliation against a
Seventh-day Adventist nurse who sought the
Sabbath off.
the Sabbath Off
 The Equal Employment Opportunity Commission, a U.S. government
agency, says North Memorial Health Care violated U.S. law on religious
accommodation in the workplace by rescinding the job offer for Emily
Sure-Ondara to work as a registered nurse.
 Sure-Ondara, 37, received the written job offer in November 2013 and
then asked her new employers for a schedule that would allow her to not
work from sundown Friday to sundown Saturday, according to the U.S.
government lawsuit filed Wednesday.
 North Memorial rejected the Sabbath request and withdrew the job offer
eight days later, the lawsuit says.
 North Memorial officials refused the request because “they couldn’t do it
under the [labor] union contract,” U.S. government lawyer Jessica
Palmer-Denig told the Minnesota Star Tribute newspaper.
the Sabbath Off
 Sure-Ondara later told North Memorial that she would be willing to work on
Sabbath, but the Robbinsdale, Minnesota-based hospital group withdrew
her job offer anyway, the Equal Employment Opportunity Commission said
in a statement. “We plan to show North Memorial’s decision to withdraw the
job offer after Sure-Ondara’s request was retaliatory and unlawful,” said
Jean P. Kamp, another government lawyer.
“Job applicants and employees may request a religious
accommodation at any time,” Kamp said in the
statement. “Applicants are not required to notify a
potential employer about an accommodation issue
before starting a job, though that’s what Ms. Sure-Ondara
did. This lawsuit is about what happened next.”.
the Sabbath Off
The Adventist Church views Sabbath observance as a
matter of personal conscience in the health-care
industry, said Todd R. McFarland, associate general
counsel for the Adventist world church, who has been
involved in a number of Sabbath workplace cases. “It is
up to the individual member,” McFarland told the
Adventist Review. “While some Sabbath work is clearly
necessary in the hospital setting, in non-Adventsist
hospitals not all work may be necessary.”
the Sabbath Off
The Equal Employment Opportunity Commission said it
sought and failed to reach a resolution with North
Memorial before filing the lawsuit. It is seeking back pay
for Sure-Ondara, compensation for job-search expenses,
and compensation for “emotional pain, suffering,
inconvenience, loss of enjoyment of life, and
humiliation,” according to the lawsuit. It also wants North
Memorial to adjust its employment policies to prevent a
similar situation in the future.
the Sabbath Off
“Federal law protects the right of job applicants or
employees to request a religious accommodation without
fear that the request will lead to retaliation,” said John
Hendrickson, regional attorney for the U.S. agency’s Chicago
District. North Memorial, which operates several hospitals
and scores of clinics in Minnesota, said it would not comment
on ongoing litigation, the Star Tribute reported Thursday.
The Equal Employment Opportunity Commission has been
particularly sensitive to claims of religious discrimination in
recent years. The commission chair from 2001 to 2006 was
Cari M. Dominguez, a Seventh-day Adventist and member
of the Spencerville Adventist Church in Maryland
Franchisee of the Dunkin’ Donuts restaurant
chain settles a lawsuit to Adventist man
In a case similar to North Memorial, the Equal Employment
Opportunity Commission sued a franchisee of the Dunkin’
Donuts restaurant chain last year for rescinding a job offer to
an Adventist believer who had refused to start work on a
Friday night.
The franchisee — the Citi Brands manufacturing facility in
Arden, North Carolina — agreed in July 2015 to settle the
lawsuit by paying $22,000 to the Adventist man and taking
measures to ensure that such an incident did not occur
again.
Other Adventist employees have also found themselves in
court in an effort to protect their Sabbath beliefs.
Similar cases
Last June, a U.S. federal judge ruled that Mini Price Storage,
a chain of self-storage businesses based in Virginia Beach,
Virginia, fired Adventist employee Sean Mohammed in 2011
in retaliation for his refusal to work on Sabbath and awarded
him more than $150,000 in back pay.
In April, three retired federal government employees and
Adventists who worked as ushers for the Washington
Nationals went to court on accusations that the baseball
team changed its work policy to prevent them from skipping
games between sundown Friday and sundown Saturday to
observe the Sabbath.
Similar cases continued
In July 2014, an Adventist air traffic controller, Matthew Gray,
won a complaint against a U.S. government labor union that
had ordered him to work on Sabbath in retaliation for his
decision to quit the union.
Meanwhile, the nurse at the center of the Minnesota case
said she has found a job that allows her to follow her
practice of attending worship services on Friday evenings
and Saturdays. She now works as a home-care nurse with a
company called Fairview Health Services, the Star Tribute
reported. “I never got a first day on the job,” Sure-Ondara
said of North Memoral. “Where I am now, I am
accommodated.”
Philippine judiciary rules in favor of Adventist
student
 Denmark Valmores stood his ground when his school required him
to take classes and exams on Sabbath.
 Jan 26, 2018 | Mindanao, Philippines | SSD Communication
Department
 A court in the Philippines ruled in favor of Denmark Valmores, who
filed a case against Mindanao State University-College of
Medicine(MSU-COM), Dean Cristina Achacoso and faculty member
Dr. Giovannie Cabildo. The petition resulted from the respondents’
incessant denials of the petitioner’s religious rights and for their
noncompliance to Section 5 of the Bill of Rights of the 1987
Philippine Constitution which states “the free exercise and
enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed.”
student continued
 Valmores’ attorney Neil Abayon, an Adventist and Aangat Tayo, the
Party List Representative, said this development reminds the Adventist
Church to value religious freedom and also solidifies the Adventist
identity as a people who observe Saturday as the Lord’s Day of rest.
 “The impact is very big considering one of the most used arguments
against the Adventist community when we ask for recognition of our
religious freedom rights is "bakit si ganyan pumapasok naman ng
Sabado," (How come one of your Adventist friends goes to school on
a Sabbath?) says Abayon, citing a common rebuttal to those seeking
permission to be excused on a Sabbath.
 “In the Valmores case, that was clarified by the Supreme Court. That
adherence to one's creed is the general rule and that a person cannot
be penalized for the transgressions of another person's religious
beliefs.”
student continued
 The case started in 2014 when some of Valmores’ classes and
examinations were moved to Saturday.
 On one occasion, Valmores failed to take his Histo-Pathology
laboratory examination because it was scheduled on a Sabbath. He
received a failing grade and was deemed ineligible to take any make
up tests. In response, Valmores wrote Dean Achacoso and Dr.
Cabildo requesting an exemption from doing any class-related work
on Saturdays while expressing his willingness to take a special
examination.
 After sending several formal communications, including a Certificate
of Membership to the Seventh-day Adventist church signed by Pastor
Hanani Nietes, director of Public Affairs and Religious Liberty(PARL) for
the North Central Mindanao Conference(NCMC), Valmores received
no answer.
student continued
After this Valmores asked assistance from the Commission on
Higher Education(CHEd) through Chief Administrative Officer,
Roque U. Agcorpa. The issue was addressed accordingly and
was referred directly to the MSU president, Dr. Macapado
Abaton Muslim.
In response, Dr. Muslim sent Dean Achacoso a copy of the 2010
CHEd Memorandum as her reference for the ongoing complaint
raised by Valmores. Neither Dean Achacoso or Dr. Cabildo
responded after receiving the instruction. This silence urged
Valmores to take legal action as his religious right was being
suppressed and tested.
student continued
Four years after Valmores filed the case, the
highest court in the Philippines released its decision
in favor of the Adventist petitioner, stating that
“educational institutions are bound to safeguard
the religious freedom of their students. Thus, to
such end, our schools carry the responsibility to
restrict its own academic liberties, should they
collide with constitutionally preferred rights.”
student continued
Afterwards Abayon spoke of the importance of the
case, “Valmores case can be classified as a landmark
case due to it being the first case questioning the
Sabbath keeping faith of Seventh-day Adventists,” he
said. “Thus, [it]will most likely be discussed in law schools
under the Constitutional Law 2 subject. So, in effect,
the next generation of lawyers will be made aware of
what Sabbath-keeping is about.”
Currently, Valmores is continuing his education in the
same university while freely exercising his religious
freedom.
Constitution of South Africa, Article 15: Freedom of
Religion, Belief and Opinion
 1. Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
 2. Religious observances may be conducted at state or state-aided institutions, provided
that
 a. those observances follow rules made by the appropriate public authorities;
 b. they are conducted on an equitable basis; and
 c. attendance at them is free and voluntary.
 3. a. This section does not prevent legislation recognising
 i. marriages concluded under any tradition, or a system of religious, personal or family law;
or
 ii. systems of personal and family law under any tradition, or adhered to by persons
professing a particular religion.
 b. Recognition in terms of paragraph (a) must be consistent with this section and the other
provisions of the Constitution.
OGOD Court Case Judgement
The judgement handed down by Judge van der Linde on
28 August, in the South Gauteng High Court, in the OGOD
vs 6 public schools case, stated, in short, that School
Governing Bodies (SGBs) must amend their policies to not
favour, or promote, only one religion at their school. The
judge rejected most of OGOD’s demands and asserted
religious convictions must be respected.
Parental Concerns Are to be Respected
This judgement is concerning for parents who wish to send
their child to a school with a single faith ethos.
Parents should be able to decide the religious ethos of the
school through the School Governing Body, which has
mostly been the case up until now
 Potential Confusion and Complications
 An advocate who studied the judgement believes that the court
order does not necessarily mean multi-faith school assemblies.
What the court said, is that it is for SGBs to go back to the drawing
board and work out how they will create an environment where
everybody's rights are respected.
 For some, it may mean they have readings from the Bible, or the
Quran, etc. sequentially in the same school assembly; for some, it
may mean that they create a space where, simultaneously, but
separately, Christians can read the Bible together and Muslims can
read their Quran together; etc.
 Each school must work it out for themselves, taking the imperative
of diversity into account, but also doing what works for them.
 Parents Must Ensure that Their Child’s Faith is Respected
 Even though the judgement seems to undermine the authority of parents to
decide the religious ethos of their school, it should benefit Christian parents who
have children at, for example, a Muslim ethos school, or even at completely
secular school with no religious observances in school assemblies.
 This Judgement will be Appealed to Higher Courts
 Should the respondents choose to appeal this case (which is likely), it will be
appealed to the Supreme Court of Appeal and then to the Constitutional Court
and thus school governing bodies will not be legally bound by this decision until
such appeals are concluded. In the interim, they will be able to continue as
before.
 Current Religious Practices at State Schools Remain Unchanged
 Also, the individual school’s SGB rules stand until set aside (or amended by the
SGBs or on direction of the MEC for Education). In other words, the 24 000 public
schools in South Africa can continue with their current religious practices until their
SGB has conclusively amended their policies.
Voluntary Christian Associations Must Be Respected
This judgement in no way affects Christian groups
such as School Christian Associations who meet,
for example, during break times or after school
hours on school premises.
The judgment confirms that South Africa is not a
secular state and upholds section 15(2) of the
Constitution, which states that religious
observances may be conducted at state or state-
aided institutions.
Threats to Religious Freedom Need to be Resisted
and Opposed
 This court order comes in the wake of two other serious threat to religious
freedom, namely the CRL’s Report on the Commercialisation of Religion,
which recommends the licensing of all religious practitioners, and the so-
called “Hate Speech Bill” which could criminalise Christians for
preaching anything that is deemed offensive by the hearer.
 As FORSA (Freedom of Religion South Africa)has observed, these two
proposed pieces of legislation are unnecessary, unworkable and
unconstitutional.
“Stand fast therefore in the liberty by which Christ has made us
free,and do not be entangled again with a yoke of
bondage.”Galatians 5:1
We encourage Christian parents to be involved in the governing
body of their children’s school and seek to make a positive
difference.
RELIGIOUS FREEDOMS AT RISK IN SOUTH AFRICA
The South African Constitution, whilst containing many
positive provisions, guarantees every liberal freedom and so-
called right currently being debated in the Western World.
Constitutions of nations such as the United States are being
reinterpreted by their judiciaries to allow for abortion and to
open the debate surrounding issues such as 'sexual
orientation'.
But South Africa's Constitution explicitly guarantees all these
'rights'. All legislation passed since 1996 is measured against
the secular humanistic values enshrined in the Constitution.
South Africans have consequently seen a rising tide of
immorality sweep the nation.
Almost on a daily basis Christians are faced with legislation
that directly opposes our Judeo-Christian ethos.
 Almost on a daily basis Christians are faced with legislation that
directly opposes our Judeo-Christian ethos.
 THE NATIONAL GAMBLING ACT 1996 AND THE LOTTERIES ACT 1997
 Provided for the regulation and co-ordination of casino’s, gambling
and wagering and provided for an initial 18 licences to be granted
country-wide. More recently, the Minister of Social Development
has echoed the calls of the ACDP to investigate the detrimental
affect that gambling has had on the social fabric of society.
 The National lotteries Act established a national lottery owned and
controlled by central government.
 One of the consequences of these pieces of legislation is that
wealth is perceived to be a matter of luck. This conflicts with the
biblical principles of wealth creation.
THE FILM AND PUBLICATIONS ACT, 1996
Notwithstanding that the overwhelming majority of
submissions were in favour of retaining or strengthening the
laws restricting immoral materials in South Africa, the Films
and Publications Act was passed which only reflected the
minority views of pornographers who requested that
pornography be constitutionally protected.
The Cape Attorney-General expressed his concerns
regarding the legislation stating that: “It is impossible to
police and will lead to a free-for-all culture of pornography.”
Adult pornography is protected. It is adult pornography that
fuels rapists and it is adult pornography which is used by
gang members to lure children, placing children in harmful
and dangerous situations.
CAPITAL PUNISHMENT AND THE CRIMINAL LAW

AMENDMENT ACT, 1997
Capital punishment was abolished in 1995 following the
Constitutional Court’s judgment that certain provisions of
the Criminal Procedure Act 52 of 1997 that provided for
the death penalty, were unconstitutional. During
parliamentary question time, the Minister of Justice was
unable to give the assurance that those criminals who
had had their death sentences commuted would not re-
offend, should they be granted parole.
 CHOICE OF TERMINATION OF PREGNANCY ACT, 1996
 Made abortion-on-demand in South Africa legal up to and
including the twentieth week of pregnancy. Taxpayers’ money is
used to fund and promote abortion even though most surveys
indicate that the majority of South Africans are opposed to it and
alternatives to abortion, like motherhood and adoption, are not a
priority. Three times as many innocent lives are taken through
abortion than are taken by criminals, and while statistics reveal that
abortions after 12 weeks account for almost one third of abortions
in South Africa, Cheryllyn has reported that hospital staff have
revealed that this figure is closer to two thirds (66%) as any reporting
that would hinder access to CTOP is omitted.
 The Act has been amended to allow greater access to abortion
facilities.
Minors do not need their parents' permission to have an
abortion; neither does a wife need her husband's
permission. There are penalties of up to 10 years in jail for
preventing an abortion. Health professionals are not
protected in the Act if they refuse to assist in or perform
abortions.
Subsequent challenges to the Act in the courts failed as
the unborn child is deemed to be non-persons, and is not
the bearer of constitutional rights. The government
continues to make more funds available to increase the
number of abortions in the country
 EDUCATION LAWS AMENDMENT ACT, 1999
 Minimizes the role and authority of parents, and even the provinces to
determine education policy. In the Education laws Amendment Act 2005
provision is made for the department to override recommendations for
the appointment of teachers by school governing bodies (SGB’S), and
does not require giving reasons for doing so. Continual uncertainty
impacts on all and disrupts learning.
 Outcomes Based Education (OBE) has failed dismally and is more
directed at shaping students socially than teaching them knowledge.
'Tolerance', the main 'value' taught, squarely challenges Christian beliefs
and basic skills in reading writing and mathematics have not in many
instructions been adequately transferred. Planned Parenthood has won
the right to train all South Africa's Life Skills teachers. The main message
taught is 'condomise' and sexually explicit material is given to adolescent
children. ‘Alternative’ lifestyles such as homosexuality and lesbianism are
taught to be acceptable. The right to obtain an abortion, without
parental consent, is also taught.
SA Teachers Are
Freaking Out
About The New
Sex Education
Curriculum
30 Oct 2019 by Carrie in Education,
Lifestyle, Sex, South Africa
 Girls between the ages of 15 and 19 account for 11% of
pregnancies worldwide, according to the World Health
Organisation’s 2018 report. Of this 11%, 95% of these pregnancies
are in low to middle-income countries, including South Africa.
 South Africa has a high rate of teen pregnancies, with some girls as
young as 13 engaging in sexual activity. These are facts that
cannot be ignored, and have contributed to the decision to
change the sex education curriculum in South African schools.
 Parts of the new curriculum were leaked to the media last week,
reports City Press, and they weren’t that well-received: Chris
Klopper, president of the SA Teacher Union (SAOU), said they were
shocked and that the material was “grossly insensitive”. They are
advising teachers who do not agree with the content to boycott it.
 97 143 teenage mothers gave birth last year, says Stats SA
 Durban - Shocking statistics have revealed that more than 3 000 girl
children aged between 10 and 14 became mothers in South Africa last
year.
 The Recorded Live Births report, which is commissioned by Statistics South
Africa, showed that a total of 3 261 girl children aged between 10 and
14 were registered as mothers in South Africa last year 2017. Of the 3 261,
1 959 registered the births late, which meant the babies were born
earlier, but alerted government of their births last year.
 The report also showed that there were more than 100 000 teenagers
who gave birth last year.
 The report showed that 119 645 young women aged between 15 - 19,
registered births in 2017. Of the 119 645 births, more than 97 000 births
were from 2017, while 22 000 were registered late - which meant the
children were not born on the year of their registration with government.
 It looks to me like the new curriculum is taking the realities of the world today into
account. It’s also aligning with the Constitution, which recognises people of all
sexual orientations and gender identifications.
 In addition to what is outlined above, students will also encounter case studies in
which adults assault children. In grade five, they will be given an example of
“Max”, who is sexually assaulted by other boys at their school, and then reports it to
a teacher.
 Given what we’ve seen in the news of late, that’s a lesson worth learning:
 Angie Motshekga, minister of basic education, writes in a preface guideline that
government had begun to revise the curriculum as early as 2011 because the
previous focus on HIV and pregnancy did not have the desired outcome.
 The department strongly promotes abstinence from sex until a suitable age is
attained, she writes. Pupils will still be encouraged to put off having sex.
 But the curriculum had to be aligned with international standard guidelines drawn
up by the UN’s education body, Unesco, in cooperation with leading experts in the
field.
As things stand, some Christian groups are upset by the inclusivity
of the curriculum, especially the parts that speak to diverse
sexualities and gender orientations. The Christian lobby group,
For SA, shared examples of the material and expressed its
outrage. In particular, they are opposed to the “normalisation” of
homosexuality in the curriculum and “ideological
preconceptions” with which they don’t agree. Other things that
people are taking umbrage with include the “normalisation of
single-parent households” and “sexual consent”, according to
IOL. South Africa Teachers Union‘s operational director Johan
Kruger says that teachers would find the content difficult to
teach.
“It is important that teachers get training in order

to be able to handle this topic and present to
learners. “I was a school principal myself, and it is
not every teacher that can actually provide
sexual orientation education to learners. You have
to have training to do it because it is a difficult
topic.”
The unfortunate reality is that a curriculum like this
is necessary.
SOUTH AFRICAN SCHOOLS ACT, 1996
Curtailed the freedom of schools to educate in line with
their religious principles. Home-schoolers have
experienced problems. This introduces unjustified
interference, including assessments at the learners' nearest
public schools. These assessments are subjective and
unreliable, as government refuses to give parents any
written guidelines. Furthermore local officials have the full
right to deny any parent permission to home-school. The
most recent policy announcements regarding religious
observances in schools as well as multi-faith religious
education remain a serious concern for Christian parents.
Learners will be tested on their knowledge and practices of
all faiths.
BROADCASTING ACT, 1999
Before this Act was passed there were attempts to close
Christian radio stations by redefining “Community Radio
Stations” in the bill to mean a geographical community,
rather than a 'community of interest'. Christians marched in
protest, and the proposed amendment was dropped.
However, the Act has since been used in attempts, some
successful, to close Christian radio stations for various
reasons. The Bill was pushed through parliament with every
reference to the protection of religion excluded. This means
that the public broadcaster no longer has any legal
obligation to show any Christian programming at all.
PREVENTION OF DISCRIMINATION AND PROMOTION OF

EQUALITY ACT 2000
The laudable stated aim of this Act was to prohibit
discrimination, including 'hate speech', on the basis of
amongst other grounds, race, sexual orientation, religion
and pregnancy. Unfortunately, on closer study, the Act
redefines the word “marital relationship” to include those
in a same-sex relationship and includes ‘termination of
pregnancy’ in its definition of pregnancy.
IMMIGRATION ACT, 2001
This Act enshrined the rights of homosexual partners to
obtain permanent residence in South Africa, and
followed the Constitutional Case which decided that
after the words “spouse”, the following words are to be
read “or a partner in a permanent same-sex life
partnership in which the parties have undertaken
reciprocal duties of support.” This was the first time in
South Africa’s history that a court usurped the function of
Parliament by adding words to legislation, and is a prime
example of judicial activism that is sweeping the world.
JUDICIAL OFFICERS AMENDMENT ACT, 2003

This legislation includes provisions allowing similar
provisions for same-sex partners, as well as heterosexual
partners, who choose not to get married. This decision
and the consequent legislation strikes at the very heart of
family values in South Africa. Besides protecting
homosexual partners, it also encourages heterosexual
partners not to get married, as they will enjoy the same
pension benefits.
ALTERATION OF SEX DESCRIPTION AND SEX STATUS ACT, 2003
The aim of the Bill is to provide for the alteration of the sex
description of persons in the National Population Register
whose sex organs have been altered by surgical or medical
treatment or "by evolvement through natural development
resulting in a sex change"- whatever the latter means.
This is another example of the impact of secular humanism
on our legislative process - secular humanism being
undergirded by concepts of atheism and evolution.
SEXUAL OFFENCES AMENDMENT BILL

The reduction of the age of consent for sexual
intercourse from the present 19 years (as contained in
the present Sexual Offences Act) to 16 years for boys,
and in certain circumstances of consensual homosexual
or heterosexual sexual experimentation (of a non-
penetrative nature), even to further reduce the age for
children to between 12 and 16 years.
Sex between teens no longer a crime

NEWS / 4 OCTOBER 2013, 09:51AM / NOELENE BARBEAU
AND SAPA
The Constitutional Court on Thursday declared sections
15 and 16 of the Criminal Law Act, which criminalised
consensual sex between children, unconstitutional.
Justice Sisi Khampepe, and eight concurring
Constitutional Court justices, ruled that the Department
of Justice and Constitutional Development had 18
months to amend the relevant provisions
Sex between teens no longer a crime
NEWS / 4 OCTOBER 2013, 09:51AM / NOELENE BARBEAU
AND SAPA
The Constitutional Court on Thursday declared sections
15 and 16 of the Criminal Law Act, which criminalised
consensual sex between children, unconstitutional.
The latest changes to the act, which was effected last
month, sets the consent age for sex among children at
16. Although the age of consent is set at 16, the act
extends in decriminalising consensual sex between 12-
to 15-year-olds.
Relying The sections infringed on the rights of children, aged
between 12 and 16, to dignity and privacy, and further
violated the “best interest” principle contained in section
28(2) of the Constitution which provides that, “ A child's best
interests are of paramount importance in every matter
concerning the child.” on expert evidence, the court
concluded that the impugned provisions criminalised
developmentally normative conduct for adolescents and
adversely affected the very children the act sought to
protect.
The court said the effects of the impugned provisions were
found not to be rationally related to the State’s purpose of
protecting children.
Relying The sections infringed on the rights of children, aged
between 12 and 16, to dignity and privacy, and further
violated the “best interest” principle contained in section
28(2) of the Constitution which provides that, “ A child's best
interests are of paramount importance in every matter
concerning the child.” on expert evidence, the court
concluded that the impugned provisions criminalised
developmentally normative conduct for adolescents and
adversely affected the very children the act sought to
protect.
The court said the effects of the impugned provisions were
found not to be rationally related to the State’s purpose of
protecting children.
The ACDP rejected the reduction of the age of consent for
sodomy from the present statutory age of 19 to 16. There is
no doubt that boys need to be protected from homosexual
acts during their formative years. The South African Law
Commission conceded in its report that the age limits were
set “arbitrarily”. The ACDP has called for a reconsideration of
these arbitrary age limits as the implications for our children
are inestimable. Teenage years are fraught with emotional
conflict as the transition from child to adult is made, and our
children need to be protected and guided, rather than
encouraged to participate in homosexual and heterosexual
sexual experimentation, with possible life-threatening
consequences.
It is also significant that the Child Justice Bill recommends

that the rebuttable presumption that a child cannot
distinguish between right and wrong be maintained at
10 to 14 years of age.
Thus certain pieces of legislation presume that a child
over the age of twelve can consent to sexual relations,
can have an abortion and be given contraceptives
without parental consent, whilst the Child Justice Bill
presumes that a child between the ages of 10 and 14
cannot tell the difference between right and wrong.
DECRIMINALISATION OF PROSTITUTION
The SA Law Commission is to issue a
discussion paper on the possible
decriminalization or legalization of prostitution
in South Africa.
The ACDP believes that this proposal will
cause the further deterioration of family life
and the moral fiber of our nation.
END OF LIFE BILL
South Africa may soon have the most liberal euthanasia laws in
the world if the SA Law Commission's recommendations are
accepted. A proposed bill released by the Commission in 1999
proposes the introduction of active voluntary euthanasia by
means of a lethal agent. Anyone suffering of an intractable
disease, that is, any physical or mental condition that cannot be
cured and is the cause of suffering considered “not reasonable
to be endured”, even if the condition is not terminal can commit
suicide with the help of a doctor. The Bill proposes that doctors
perform euthanasia on their own authority. It normalizes the
practice of ending a patient's life by withdrawing “life-sustaining
medical treatment”, which according to the bill includes artificial
feeding with or without the patient's consent. The bill states that
“any interested person” can instigate the ending of a life.
DOMESTIC PARTNERSHIPS AND HOMOSEXUAL 'MARRIAGE'
The Constitutional Court has ruled

that gay couples were capable of
and had equal family life to that of
heterosexuals.
They can adopt
Maternity and paternity leave etc.
CHILDREN’S BILL
Cheryllyn Dudley: "We object, however, to various clauses in
the bill which are of great concern. The bill provides for 12-
year-old children to carry the responsibility of consenting to
medical treatment and surgical operations including
termination of pregnancy. It also makes provision for 12-year-
olds to access contraception without parental consent. This
legislation also confirms the court judgment allowing same-
sex partners to adopt children.” The second part of the
Children’s Bill to be dealt with in parliament in 2005 contains
a section abolishing parental corporal punishment. This
section totally erodes parental authority and follows the
abolition of corporal punishment in schools.
ConCourt ruling outlawing spanking of kids splits South Africans

NEWS / 19 SEPTEMBER 2019, 08:59AM / BONGANI NKOSI
Chief Justice Mogoeng Mogoeng stressed that expunging the
law that allows “reasonable and moderate” corporal
punishment is meant to ensure that children are free from all
forms of violence.
In that groundbreaking judgment, Judge Raylene Keightley ruled
that the defence that allowed parents to spank their children
was inconsistent with the Constitution.
Freedom of Religion South Africa (FOR SA), a non-profit Christian
organisation, approached the Constitutional Court in a bid to set
aside Judge Keightley’s ruling.
 CONCLUSION:
 The above is not a conclusive list of all legislation and policy affecting
our Judeo-Christian ethos. Much blame for the liberal rights reflected
in the above laws lies with the constitutional interpretation by the
Constitutional Court, and the Legislature’s rigid adherence to secular
humanist values enshrined in the constitution. Today in South Africa,
there are many talks about rights, but little talk about duties and
responsibilities. Confusion over human rights as they relate to judicial
pronouncements arises from moral and intellectual relativism. If it is
assumed that no absolute law exists, then it follows that an individual’s
rights must be equally relative. The French Declaration of the Rights of
Man placed rights in the strong arm of the state. Rights were given by
the state and could just as easily be taken away. The bloody French
revolution followed.
Regulating Religion
Last week saw the government advocating a series of
legislation that could pose some of the greatest threats
to religious freedom and free speech ever seen in our
country. On Wednesday 26 October 2016, the CRL Rights
Commission released its report on what they called the
"Commercialisation" of religion and "abuse of people's
belief systems" on its www.crlcommission.org.za website
under Commercialisation Report. Pages 31 to 39 contain
the Commission's proposals for regulation of religious
groups.
 Redefining Hate Speech
 In another threat to religious freedom, the "Hate Speech" Bill was released in
the same week as the CRL's Report. The Bill's extremely broad definition of
hate speech under section 4 of the Bill includes in its scope any
communication which is considered "abusive or insulting" and intended to
"bring into contempt or ridicule" a person, or group of persons, on the basis
of their gender, sex, sexual orientation, gender identity, etc. This includes
email, or social media communications as well as teachings from a pulpit, or
in a Bible study. Instead of an objective definition of what constitutes "hate
speech" this bill seeks to focus on subjective definitions of where an
individual may feel offended, even if that was not the intention. "He who
justifies the wicked, and he who condemns the just, both of them
alike are an abomination to the Lord." Proverbs 17:15
 There is No Need for New Laws to Deal with Abuses
 The CRL's Report proposes state regulation of churches and other religious
groups.
 There are always abuses, in any area of life, including in religion. However,
the answer is not to ask, or allow, state authorities to interfere in religious
freedom. With regulation come penalties and severe consequences.
 There are already laws that deal with issues of commercial exploitation and
abuse. There is no need for new laws.
 Fraud, misappropriation of funds, contravening banking laws, educational
laws and others give more than enough opportunities for the relevant
authorities to prosecute crimes.
 State Regulation of Religion has had Disastrous Consequences
 If we do not learn from history then we will suffer consequences. Regulating
religion has a very disturbing history. The establishment of the Council for the
Affairs of Religions and Cults in the Soviet Union (later the Council for
Religious Affairs) led to the closing down of 49,000 churches and the
execution of over 200,000 ministers by the Cheka, NKVD and KGB in Russia.
 Unregistered Churches, including over 10,000 house churches in Cuba, have
been closed and many thousands of Christian leaders arrested under their
secular state. Last year (2015), over 2,000 churches linked to the legally
recognised Assemblies of God denomination were declared illegal by the
Cuban government.
 In Red China arrests, raids and demolitions of churches that are considered
unregistered are taking place to this day.
How State Interference Looks Like in Schools

 State abuses are huge in their own schools. Sex education, occultic setwork
books, teaching the mechanics of vile fornication, whoremongering and
perversion, along with actual child abuse and paedophilia by state
teachers are rampant.
 Yet, rather than cleaning up their own acts in their own state schools, the
government prefers to send "inspectors" to harass and waste the time and
money of private and Christian schools.
 The Education Department admits that most of their state schools are
"dysfunctional" and yet they still think they have the time to harass private
Christian schools, which have far higher standards and far better results.
State Registration of Colleges have Resulted in Extra Expenses
and Waste of Time
Even Bible colleges as respected as Bible Institutes have been
placed on the list of Bogus Institutions by the Ministry of Higher
Education! State universities have riots and arson attacks, yet
they presume to lecture us on higher education!
State Regulation of Christian Community Radio Stations have
Resulted in Closures
Similarly, there have been numerous attempts of the state to
regulate Community Christian radio stations and numerous
Christian radio stations have actually been closed down by the
IBA and ICASA.
Dangerous Precedents
Registering is just the first step to regulating, controlling and in
many cases, closing down, prosecuting and persecuting. The
history of Departments of Religious Affairs in the Soviet Union, Red
China, Cuba, Mozambique, Angola, Ethiopia, North Korea,
Vietnam, etc. should be an urgent warning as to what is at stake.
These are dangerous laws and they are setting dangerous
precedents to intimidate, erode, subvert, derail, undermine, side-
line and overwhelm Christian ministries. "But Peter and John
answered and said to them, 'Whether it is right in the sight of God
to listen to you more than to God, you judge." Acts 4:19
A Clear and Immediate Threat to Freedom

The lack of consultation in the process followed and the
magnitude and scope of the legislation envisaged poses
a clear and immediate threat to religious freedom in
South Africa.
It is absolutely essential that Christians stand up, speak
out and oppose this attempt at interfering in religious
freedom, freedom of association and freedom of
speech in South Africa. Religious Freedom is Not
Negotiable.
If pro-moral Christians stand together as fellow

South Africans concerned with the preservation of
the family and moral decency, we can, with God’s
help, win this battle as His promise is “if My people
who are called by My name will humble
themselves, and pray and seek My face, and turn
from their wicked ways, then I will hear from
heaven, and will forgive their sin and heal their
land.” 2 Chronicles 7:14
Reject and Resist All Attempts to Erode Religious

Freedom
 John Bunyan, the author of Pilgrims Progress, ended up in prison, because
he was a dissenter, not recognised by the state. The proposed bills seek to
define what a "recognised religion" is and to "issue and withdraw licences"
to religious leaders, to "define and authorise places of worship" under
"operating licences".
 All of this constitutes unnecessary, time wasting, money wasting, intrusion
that can only do violence to the Bill of Rights and the fundamental rights to
freedom of conscience, freedom of religion, freedom of worship, freedom
of thought, freedom of expression and freedom of association.
"Stand fast therefore in the liberty by which Christ has

made us free, and do not be entangled again with a
yoke of bondage…. For you, brethren, have been called
to liberty; only do not use liberty as an opportunity for the
flesh, but through love serve one another." Galatians
5:1,13
1Peter 2:16 "Live as free people, but do not use your
freedom as a cover-up for evil, but as the servants of
God. NIV
James 4:17 Therefore to him that knoweth to do good,
and doeth it not, to him it is sin.
Romans 13:11-12
And that, knowing the

time, that now it is
high time to awake out
of sleep: for now is our
salvation nearer than
when we believed.
Romans 1:16
For I am not
ashamed of the
gospel of Christ:
For it is the power
of God unto
salvation to every
one that believeth.

Religious Liberty/Freedom: Presented by Godfrey Nyika Dupwa TOC SYL Study Group Small Group Discussions 30-05-2020

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Religious Liberty/Freedom: Presented by Godfrey Nyika Dupwa TOC SYL Study Group Small Group Discussions 30-05-2020

Uploaded by

Copyright:

Available Formats

Religious

Mitchell’s remark came from the

CAPITAL PUNISHMENT AND THE CRIMINAL LAW

“It is important that teachers get training in order

PREVENTION OF DISCRIMINATION AND PROMOTION OF

JUDICIAL OFFICERS AMENDMENT ACT, 2003

SEXUAL OFFENCES AMENDMENT BILL

Sex between teens no longer a crime

It is also significant that the Child Justice Bill recommends

DOMESTIC PARTNERSHIPS AND HOMOSEXUAL 'MARRIAGE'

The Constitutional Court has ruled

ConCourt ruling outlawing spanking of kids splits South Africans

How State Interference Looks Like in Schools

A Clear and Immediate Threat to Freedom

If pro-moral Christians stand together as fellow

Reject and Resist All Attempts to Erode Religious

"Stand fast therefore in the liberty by which Christ has

And that, knowing the

You might also like