In response to a letter sent to the CRL Rights Commission (CRL) on 25 September 2025, around the ACDP concerns regarding reports of attempts by the CRL Rights Commission to regulate the church, we were invited to a meeting with the Commission.
A delegation of the ACDP NEC, led by ACDP President, Rev Kenneth Meshoe MP, met with the Chairperson, Mrs Mkhwanazi-Xaluva, and Commissioners of the CRL Rights Commission on Friday 24 October 2025 at their offices in Braamfontein.
The CRL Rights Commission delegation agreed with many of the points raised in the letter sent by the ACDP, including the aspect of “self-regulation” or “self-determination” of the Church. The Chairperson of the CRL Rights Commission, stated that the recommendations of the Commission presented to the COGTA portfolio in 2017 “have died a natural death”, and the work of the CRL Rights Commission now is to carry out the recommendations of the COGTA Portfolio Committee, dated 14 February 2018.
What was not shared is that the same Report did not support the CRL’s proposals for legislation to regulate religion. In other words, the CRL’s call for legislation regulating the religious sector was effectively rejected. The CRL has no legal mandate to regulate religion as the CRL Act of 2002 grants the Commission the authority to educate, investigate, advise and recommend – but not to regulate or control religious communities.
In July 2025, the Speaker of Parliament formally confirmed in writing that the 2018 COGTA Report “lapsed at the end of the 2018 Parliament and was never revived”. It therefore has no binding legal effect, and the CRL has no mandate or obligation to implement it.
The CRL Rights Commission gave us a COGTA report which they claimed was from Parliament. As the report was only tabled during the meeting, the ACDP delegation agreed that we would need time to properly interrogate the report and await the documented confirmation from Parliament, whereafter we will comment.
The ACDP presented its firm and uncompromising position in opposing any attempts by the CRL Rights Commission or the state, to impose legislation on the church, as this would be violation of our Constitutional right to the freedom of religion as captured in Chapter 2 Section 15 of our Constitution.
The ACDP acknowledged the existence of abuse within some religious organisations. However, it was agreed that such abuses are not endemic to the entire sector. We also recognised that some individuals and organisations misuse their positions but emphasised existing laws and the responsibility of law enforcement (such as SAPS) to address such matters.
This is an unfolding situation, and we will keep our constituents updated.
