Parliament of South Africa
Parliament of South Africa
05/20/2026 | Press release | Distributed by Public on 05/20/2026 02:47
Media Statement: COGTA Committee Seeks Clarity on Section 22 Religious Consultation Process
Parliament, Wednesday, 20 May 2026 - The Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) on Tuesday reasserted its oversight mandate over the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) and emphasised that Parliament cannot simply step aside when complaints are brought before it.
The committee met with the CRL Commission to discuss concerns raised by several religious groups about the way the Commission is dealing with its mandate, particularly the process followed to establish a Section 22 Committee to explore self-regulation within the sector. Several religious groups have raised concerns about the constitutionality and inclusivity of this process, as well as perceived overreach into religious affairs.
The Chairperson of the committee, Dr Zweli Mkhize, noted that some of those who raised concerns have taken the matter to court, while others have raised objections with Parliament. He emphasised that the committee is not part of the court process and does not seek to interfere with court proceedings.
The core issue before the committee, the Chairperson said, is not whether abuses in religious settings must be addressed, but whether the Commission's current approach is the appropriate way to address them. The committee acknowledged that a Section 22 Committee is a lawful mechanism available to the CRL Commission. "However, the question is whether, in pursuing its Section 22 process, the Commission is acting within its mandate or infringing on the right to religious practice and freedom of worship," Dr Mkhize said.
The committee also disagreed with the view that Parliament must steer clear of the matter because aspects of it are before the courts. "Our role is not to interfere with Section 22 as a lawful mechanism, but to exercise oversight over the Commission and deal with complaints about it," the Chairperson said. "Parliament understands the separation of powers. We are not attempting to interfere with court proceedings. But Parliament still has a duty to deal with complaints that are brought before it."
The Chairperson said the committee wants to hear directly from religious leaders who support the CRL process and those who oppose it, to understand where they agree and where they disagree. The committee requested a list of religious leaders and organisations that the Commission has engaged in this process. Members specifically asked for this list to provide a breakdown of which churches, denominations and umbrella organisations formally recognised the Section 22 Committee process, which have withdrawn, which have objected and which have rejected the consultation.
Dr Mkhize said it would not be appropriate for a government institution or Parliament to operate in a way that divides a constituency. "Our approach is to see whether people can find one another." He said Parliament's responsibility is to listen to everyone and determine whether there is genuine disagreement, misunderstanding or mistrust that can be resolved.
The committee further cautioned that allegations of state regulation of religion and broader allegations involving the State Security Agency are creating an environment that makes it difficult for the Section 22 process to continue as it is. The Chairperson said the issue touches on the long-standing tension between the state and religion, and that when many people object and complain, and no mechanism is found to resolve those complaints, the matter becomes more difficult to resolve.
"We need to find a way to reduce this mistrust and misunderstanding," he said. "The issue of abuse, which must be dealt with, is something we all agree on. The question is whether, in the course of this process, an understanding of what ethical conduct should be can be developed. That is what we want to deal with as a committee."
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, DR ZWELI MKHIZE.
For media inquiries or interviews with the Chairperson, please contact the Media Officer:
Name: Alicestine October
Cell: 083 665 4345
E-mail: [email protected]
The committee met with the CRL Commission to discuss concerns raised by several religious groups about the way the Commission is dealing with its mandate, particularly the process followed to establish a Section 22 Committee to explore self-regulation within the sector. Several religious groups have raised concerns about the constitutionality and inclusivity of this process, as well as perceived overreach into religious affairs.
The Chairperson of the committee, Dr Zweli Mkhize, noted that some of those who raised concerns have taken the matter to court, while others have raised objections with Parliament. He emphasised that the committee is not part of the court process and does not seek to interfere with court proceedings.
The core issue before the committee, the Chairperson said, is not whether abuses in religious settings must be addressed, but whether the Commission's current approach is the appropriate way to address them. The committee acknowledged that a Section 22 Committee is a lawful mechanism available to the CRL Commission. "However, the question is whether, in pursuing its Section 22 process, the Commission is acting within its mandate or infringing on the right to religious practice and freedom of worship," Dr Mkhize said.
The committee also disagreed with the view that Parliament must steer clear of the matter because aspects of it are before the courts. "Our role is not to interfere with Section 22 as a lawful mechanism, but to exercise oversight over the Commission and deal with complaints about it," the Chairperson said. "Parliament understands the separation of powers. We are not attempting to interfere with court proceedings. But Parliament still has a duty to deal with complaints that are brought before it."
The Chairperson said the committee wants to hear directly from religious leaders who support the CRL process and those who oppose it, to understand where they agree and where they disagree. The committee requested a list of religious leaders and organisations that the Commission has engaged in this process. Members specifically asked for this list to provide a breakdown of which churches, denominations and umbrella organisations formally recognised the Section 22 Committee process, which have withdrawn, which have objected and which have rejected the consultation.
Dr Mkhize said it would not be appropriate for a government institution or Parliament to operate in a way that divides a constituency. "Our approach is to see whether people can find one another." He said Parliament's responsibility is to listen to everyone and determine whether there is genuine disagreement, misunderstanding or mistrust that can be resolved.
The committee further cautioned that allegations of state regulation of religion and broader allegations involving the State Security Agency are creating an environment that makes it difficult for the Section 22 process to continue as it is. The Chairperson said the issue touches on the long-standing tension between the state and religion, and that when many people object and complain, and no mechanism is found to resolve those complaints, the matter becomes more difficult to resolve.
"We need to find a way to reduce this mistrust and misunderstanding," he said. "The issue of abuse, which must be dealt with, is something we all agree on. The question is whether, in the course of this process, an understanding of what ethical conduct should be can be developed. That is what we want to deal with as a committee."
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, DR ZWELI MKHIZE.
For media inquiries or interviews with the Chairperson, please contact the Media Officer:
Name: Alicestine October
Cell: 083 665 4345
E-mail: [email protected]
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