Religion, belief and opinion – know your rights
Chapter 15 of the Bill of Rights lends itself to the right to Religion, Belief and Opinion.
This means that an individual may form and conduct any religious observances which he/she chooses.
The State does not follow nor does it encourage the support of a specific religion or belief, but it gives this freedom to every individual. The State is not prevented from supporting a specific religion but, it does have a duty to treat everyone fairly with respect to their religious choices.
An infringement of this right is an offence, not only in respect of Chapter 15, but also with regards to the equality clause, as no person or organ of State may discriminate against another based on religion or belief.
This right includes the manifestation of your belief through worship, practice and teaching and it prohibits any person from using force or coercion in an effort to prevent or restrain another from taking part in a belief or religious practice.
This right, just as any right, may be limited, if such limitation is justified such as any practice of religion or belief may not be inconsistent with any other provision of the Bill of Rights but a limitation will be considered by a court, based on the merits of each case.
The case of Christian Education South Africa versus The Minister of Education showcased the application of a limitation when Section 10 of the South African School’s Act, which prohibits the administration of corporal punishment was challenged.
The court took the approach of evaluating the specific belief and ascertained that the acceptability, logic, consistency or comprehensibility of the belief will not be embarked upon but rather an inquiry into the sincerity of the persons claim.
Compiled by Jula Mabena – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
– @BoksburgEd
