A SHORT OVERVIEW OF SOME OF CAUSE FOR JUSTICE’S STRATEGIC ACTIVITIES DURING THE SECOND HALF OF 2021

The responsible exercise and enjoyment of constitutional freedoms – such as freedom of religion, freedom of expression and freedom of association – is one of our core values. That is why Cause for Justice (CFJ) is committed to promoting and protecting these precious freedoms.

MARRIAGE LAW REFORM

Marriage is not a ‘state institution’: the state cannot prescribe what marriage is (or is supposed to be) or is not (or may not be). Marriage is both highly personal, intimately intertwined with religious (or secular) beliefs and cultural traditions and practices, and at the same time is the most important public institution in society. Cause for Justice is committed to ensuring that South African marriage laws accommodate, protect and promote true diversity.

Department of Home Affairs Green Paper on Marriage in South Africa 

The values of a constitutional democracy (founded on human dignity, the achievement of equality and the advancement of human rights) requires minimum state interference and maximum recognition and protection of marriage.

The Department of Home Affairs is busy with an extensive South African marriage law reform project in order to determine what the official state policy position on marriage should be. During July and August, we ran a public awareness campaign – alerting and encouraging the public to raise their voice about marriage – by completing a questionnaire circulated by the Department. 

Cause for Justice also attended consultative stakeholder workshops and the Department’s National Colloquium on Marriage, in addition to delivering written submissions. We relied on case law and legal arguments to show some of the policy proposal put forward by the Department are acceptable while others would not withstand constitutional scrutiny – especially those that violate marriage officers’ fundamental right to freedom of religion, conscience, belief and opinion.

The Department is considering all the public comments it received, in order to produce a White Paper setting out its official policy position. 

Read more:

• United in matrimony and diversity (blog article)
• No room for the state in a marriage (Mail & Guardian op-ed)
• Human rights organisation takes stand for ‘unity in diversity’ amidst marriage law reform  (press release)

South African Law Reform Commission Project 144: Single Marriage Act

The South African Law Reform Commission is considering the possibility of adopting a single piece of marriage legislation. We support the Commission’s view that the state has no legitimate mandate (i.e. no right) to define or impose its views on ‘marriage’ on cultures and groups within society.

Cause for Justice participated in Project 144 by delivering written submissions and participating in consultative stakeholder workshops. Our contributions focused on protecting diversity in a pluralistic society (such as South Africa) and the importance of the state recognising and giving legal protection to different marriage relationships for sound public policy reasons. This is state’s only lawful concern and accompanying duty, and will ensure that constitutional rights such as equality and freedom of religion are upheld.

The Commission is compiling its final report, which takes into consideration all the public inputs received.

Read more:

• Protecting marriage and diversity in a pluralistic democratic society (blog)

HATE CRIMES AND HATE SPEECH BILL (AND THE IMPACT OF THE QWELANE JUDGMENT)

The Prevention and Combating of Hate Crimes and Hate Speech Bill seeks to create two new criminal offences, namely ‘hate crime’ and ‘hate speech’, coupled with sentences in the form of stiff fines and/or imprisonment. In written submissions (to Parliament’s Portfolio Committee on Justice and Correctional Services) during a previous round of public consultations, we pointed out that the Bill’s many over-broad and subjective definitions are likely to have severely detrimental implications for freedom of speech and freedom of religion. 

Cause for Justice does not condone the advocacy of hatred or incitement to harm others – neither do we condone imprisonment merely for expressing ‘politically incorrect’ views. We are concerned that the current version of the Bill risks prohibiting South Africans from communicating their sincerely held and/or objectively supported convictions, thoughts and opinions. 

Impact of Qwelane judgment

On 31 July 2021, the Constitutional Court handed down judgment in the matter of Qwelane v South African Human Rights Commission and Another [2021 ZACC 22]. The judgment holds direct and major implications for both the Hate Crimes and Hate Speech Bill and the PEPUDA Amendment Bill (see further below). 

While containing positive aspects, some parts of the judgment are a cause for concern. 

On a positive note, the highest South African Court confirmed that:

• Determining whether speech is non-protected “hate speech”, requires an objective assessment (i.e. not a subjective determination based on personal feelings, tastes, or opinions).
• To qualify as hate speech, the speech in question needs to demonstrate a clear intention to be harmful or incite harm – as well as promote or propagate hatred.
• Private communications or conversations are excluded from the ambit of ‘hate speech’.

However, of concern (or problematic) is the interpretation of hate speech adopted by the court and its application of this interpretation to the facts of the Qwelane case:

• Potentially legally prohibiting ideas, non-verbal expressions, the meaning behind words, ideologies, beliefs, etc.
• Failing to differentiate between speech which itself harms or causes harm, and speech that incites others to cause harm (to bring harmful speech that does not incite others to cause harm into the ambit of hate speech, requires a careful and comprehensive constitutional analysis in terms of the ‘limitations clause’ – i.e. section 36 of the Constitution).
• Incorrectly stating that the Constitution obliges Parliament to enact legislation to prohibit hate speech.
• Expanding the prohibited grounds (i.e. grounds on which discrimination is presumed to be unfair) as well as grounds for hate speech, beyond what the Constitution requires and/or without providing sufficient judicial reasons.

OTHER DEVELOPMENTS

Promotion of Equality and Prevention of Unfair Discrimination (PEPUDA) Amendment Bill

The South African Constitution does not recognise a so-called ‘hierarchy of rights’: all fundamental rights are equally important. That is why, when rights conflict, it is crucial to balance them in a reasonable and justifiable manner. This achieves the constitutional purpose of ensuring the widest possible protection of all – and not only some – persons’ rights. 

Our written submissions on the PEPUDA Amendment Bill emphasised the importance of protecting freedom of expression and freedom of religion in a pluralistic and democratic society. Despite ostensibly laudable objectives, the current version of the Bill contains proposals that are likely to have a chilling effect on the enjoyment of fundamental rights and freedoms. Absurdly, this is likely to lead to more inequality and unfair discrimination (in addition to rendering the amendments unconstitutional) – which is exactly the opposite of what the Bill purportedly seeks to achieve.

The Department of Justice and Constitutional Development now needs to reconsider (and redraft or scrap) the Amendment Bill – in light of objections and submissions received from the concerned public and in the light of the Constitutional Court judgment in the Qwelane matter (see Hate Crimes and Hate Speech Bill above).

Read more:

• Proposed amendments to ‘Equality Act’, absurdly, may increase inequality and unfair discrimination (press release)

Beloftebos (Equality Court case)

The Beloftebos case holds far-reaching consequences for all businesses in South Africa. The wedding venue faces legal action for its owners’ decision to only host marriage ceremonies based on their sincerely held religious belief that marriage is a union between one man and one woman.

If the door is opened for South African private businesses being forced to act contrary to their sincerely-held beliefs just to be able to continue making a living, it will have a devastating impact on (and be major violation of) the right to freedom of religion, belief and opinion. It will also have a chilling effect on the health and vibrancy of our constitutional democracy.

If the South African Human Rights Commission proceeds with legal action against Beloftebos, Cause for Justice is poised to apply to be admitted to the case as an amicus curiae party (‘friend of the court’) in order to assist the court in its adjudication of the matter by presenting evidence and legal arguments. 

Children’s Amendment Bill, 2021 (conversion therapy ban)

During July 2021, a Democratic Alliance Member of Parliament (MP), issued notice of her intention to introduce a new Bill amending the Children’s Act. The purpose of the Bill will be to ban conversion therapy – a practice aimed at addressing unwanted same sex attraction – for children, even making it a criminal offence. To date, no Bill has been published.

In the meanwhile, Cause for Justice wrote to the MP (and the Speaker of Parliament), pointing out that inviting public comments without publishing a draft Bill, is a contravention of the Rules of Parliament.

Cause for Justice condemns all forms of child abuse, including so-called conversion therapy – which is a coercive form of therapeutic intervention aimed at the desistance of same-sex attraction. Yet we are concerned that a blanket ban on clinical therapies, other than so-called conversion therapy, will result in some vulnerable children being prevented from accessing and receiving the very therapeutic services they want and need most. In addition, it is likely to lead to the unfair restriction of religious freedoms and even prosecuting well-meaning persons of faith.

Official Identity Management Policy

The Department of Home Affairs’ draft Official Identity Management Policy contains certain proposals, which if adopted, risk enforcing a particular ideological view about the nature of human identity, on the whole of South African society. Proposals include legislative amendments to the Identification Act as well as the Alteration of Sex Description and Sex Status Act.

Cause for Justice delivered written submissions to the Department early in 2021 and have been following the Policy’s progress since. The Department has indicated that it expects the Policy to reach the Cabinet by early 2022. 

Our objective remains to prevent radical ideological views finding their way into official government policy – especially views not grounded in objective reality (medical/biological science) nor held (or supported) by the majority of South Africans. 

LEARN MORE ABOUT HOW WE PROTECT YOUR RIGHTS

Want to learn more about how Cause for Justice has protected your fundamental freedoms during 2021? Read our –

• First semester fundamental freedoms overview blog
• Second semester news briefings and alerts

HELP US TO CONTINUE TAKING ACTION TO PROTECT FUNDAMENTAL FREEDOMS

The free and responsible enjoyment of constitutional rights is important to us; we believe everyone should be able to live out their sincerely held beliefs in our diverse and pluralistic society. For this reason, Cause for Justice will continue taking up causes and making a stand to defend fundamental freedoms in South Africa.

If you are also passionate about protecting the above freedoms, we invite you to support our work by way of regular or ad-hoc donations. Without your contribution, we will not be able to continue taking up worthy causes such as these. 

Please visit our website to find out how to make a donation of any amount.

Cause for Justice is a registered public benefit organisation for South African income tax purposes and may issue section 18A receipts, which entitle donors to claim tax deductions in respect of donations made to Cause for Justice.

A SHORT OVERVIEW OF CAUSE FOR JUSTICE’S WORK DURING 2021

At Cause for Justice (CFJ) we believe in the sanctity of all human life. The pre-eminent worth of every human life affirms that each life carries equal value and that everyone is entitled to equal protection and benefit of the law. In the past year this is what we advocated for, by placing ourselves at the frontline of matters concerning the value of human life and the protection thereof. 

VOICE OF THE UNBORN BABY (COURT CASE)

UPDATE (December 2021)

On 4 November 2021, Cause for Justice (CFJ) participated in the Constitutional Court hearing of Voice of the Unborn Baby NPC v Minister of Home Affairs. We participated as a ‘friend of the court’ party and asked the court to protect and promote the value of unborn human life. We presented legal arguments and led evidence to assist the court in recognising the inherent worth of all human beings, including unborn babies.

Our counsel, Advocate Cooke, argued that “the value of human dignity entails that all human beings, including unborn human children, have worth and ought to be treated with respect”. (See 1:45:13 to 2:01:28 of the video recording of the Constitutional Court hearing for CFJ’s oral submissions.) Advocate Cooke submitted that prohibiting parents from burying their unborn children not only violates parents’ rights but amounts to treating human beings as objects. Disrespecting unborn children and their human worth is not consistent with the value of human dignity, he said. “It is not only parents who have an interest in how the remains of their unborn children are treated, but society. We are all demeaned in a sense, if parents are denied a choice and children are disposed of as medical waste”.

The matter came before the Constitutional Court via the Pretoria High Court, who on 29 March 2021 gave its judgment, declaring that most parents who lose a child prior to birth, have a right to bury their baby’s bodily remains irrespective of how far along pregnancy had been. The court granted most of the relief sought by the applicants (Voice of the Unborn Baby NPC and the Catholic Archdiocese of Durban), including granting parents of babies miscarried before reaching viability (26 weeks in the womb) the right to choose to bury the bodily remains of their deceased unborn baby. 

The court however, declined to extend this right to parents of unborn babies who die through human intervention (whether with the intent to save the unborn baby’s life or to end the unborn baby’s life). To this we emphatically respond that the mere fact that a baby is not wanted does not mean that a baby is in any way less human. 

To learn about this important case – visit our dedicated webpage here.

What will happen next?

 After having heard all the parties, the Constitutional Court reserving its judgment. The court will consider the arguments and evidence presented to it in order to arrive at a decision. CFJ remains convinced that the only appropriate outcome would be one that promotes and gives expression to constitutional values – especially the foundational value of human dignity – acknowledging the humanity of all and not only some human beings. 

WALTER (COURT CASE) 

UPDATE (December 2021)

A legal challenge has been mounted against the total criminal prohibition of euthanasia in South African law. The plaintiffs who challenge the constitutionality of current law (Walter and Harck), both suffer from terminal illnesses, and instituted court action in the Johannesburg High Court in August 2017. They seek to legalise physician assisted suicide (PAS) and active voluntary euthanasia or physician assisted euthanasia (PAE). PAS refers to suicide committed by a patient, which was facilitated by means, such as prescribing a drug, or by information, such as an indication of a lethal dosage, provided by a physician who was aware of the patient’s intent to commit suicide. PAE refers the killing of a patient by a physician through measure such as administering a lethal dosage of a drug. Both PAS and PAE are prohibited under current South African law and are treated either as murder (unjustified intentional killing) or culpable homicide (unjustified negligent killing).

What is at stake?

The legalised active killing of human beings (in any form) is a grave matter. It has far-reaching societal consequences – beyond the particular individuals whose lives are ended as a result. As a means of “medical treatment” or response to human sickness and suffering (caused by physical or psychological illness/medical condition), it represents a drastic departure from a bedrock constitutional principle: all human lives have inherent worth and are of inestimable value. The sanctity of life principle requires us to respect and protect human life.

Pain and suffering can cause a person to experience loss of quality of life, but it can never diminish the inherent worth of his/her life. However well-meaning, to depart from this principle, will result in a dangerous cultural shift – a slippery slope – towards acceptance of death as a solution to human pain and suffering. We need to guard against this at all costs. 

Diminishing the worth of human life, inevitably erodes all other fundamental rights. Why? Because each human right is anchored by the value of and right to human life.

The loss of human life is a tragedy. We say, killing is not the solution to human pain and suffering – it destroys human dignity. Cause for Justice is committed to ensuring that the constitutional value of respect for and the protection of human life will never be diminished!

Where do things stand?

Cause for Justice will participate in the court case as a “friend of the court” party. 

We will present evidence and legal argument to persuade the court that euthanasia (in whichever form) is a horrific violation of the fundamental rights to human dignity and life – and for this reason, amongst others, should not be legalised or decriminalised under the South African Constitution. We will also show that safeguards are failing to protect vulnerable persons from being killed in jurisdictions where euthanasia has been legalised.

During 2015 and 2016, Cause for Justice acted as a “friend of the court” party in the first South African euthanasia case heard under the Constitution: the Stransham-Ford matter. The case was finally heard by the Supreme Court of Appeal (SCA), which ruled that PAS and PAE are justifiably treated as criminal acts in terms of South African law.

What is next?

Most court papers have now been filed. Due to the serious nature of the plaintiffs’ illnesses and their fast-deteriorating health, the hearing of their oral evidence was expediated and heard in March 2021. 

The case is expected to be heard in court in the first semester of 2022. In the lead-up to the trial CFJ will do the necessary preparations to present the best possible case in court.

GLOBAL DEVELOPMENTS 

Current court case in US to overturn Roe v Wade

On 1 December 2021, the Supreme Court of the United States heard oral argument in the case of Thomas E. Dobbs, et al. v. Jackson Women’s Health Organization. The case is about challenging the constitutionality of a March 2018 law banning abortions after 15 weeks of pregnancy by the Mississippi Department of Health. 

The significance of the case is that it might introduce a shift in US abortion law. It will provide an opportunity for the Supreme Court to reconsider (potentially reverse or soften) their 1973 Roe v Wade decision. Since Roe v Wade, the law has been that banning any abortion below 24 weeks would be considered unconstitutional. The fact that the Supreme Court is willing to consider this case is a glimmer of hope for all who believe that unborn babies are human beings worthy of protection.

Heartbeat law in US

On 1 September 2021, the Texas Heartbeat law came into operation. It bans all selective abortions after a heartbeat can be detected in the unborn baby. The law accordingly potentially prohibits abortions as early as 6 weeks in the womb. Although the law does not provide for punishment for women who undergo abortions after a heartbeat can be detected. It does however provide those private citizens can file a lawsuit against any doctor that performs the abortion. This is a very appropriate approach because we know that mothers are often scared and misinformed about an abortion. But the doctor that performs the act of killing, is not. 

There were immediate reactions from pro-abortion lobbies, that asked the law to be blocked from becoming part of the law. It went as far as the Supreme Court of the United States which decided not to block the law on an emergency basis but will give parties the opportunity in the future to argue for or against the constitutionality of the Heartbeat law. 

What now?

We will be watching these cases closely. Everyone that thought the battle against abortion was lost, should take heart from these two events. There is always those standing up for the truth that every single person has value not matter born yet or not.

***

Cause for Justice is committed to ensuring that the South African Constitution and the rights and freedoms contained within the Bill of Rights are respected and defended. The Constitution recognises the inherent value (worth of dignity) of all human beings. The right to human dignity and the right to life cannot be separated from one another. Every person has the right to be respected and treated with dignity as a worthy member of the human family.

If you are passionate about protecting or advocating for the sanctity of life, we invite you to support our work. Without your contribution, we will not be able to continue taking up worthy causes such as these. 

Please visit our website to find out how to make a donation of any amount.

A SHORT OVERVIEW OF SOME OF CAUSE FOR JUSTICE’S STRATEGIC ACTIVITIES DURING THE SECOND HALF OF 2021

We are committed to assisting you to protect your family from destructive forces. Cause for Justice recognises that a stable family unit is the cornerstone of flourishing communities and of our society. We also believe that society is collectively responsible for the social welfare and security of all people – especially the most vulnerable (like children).

That is why, during the second half of 2021, we continued to engage in various causes focusing on protecting and promoting the constitutional rights, freedoms and best interests of families, parents and children.

VALUES-BASED SEXUALITY EDUCATION EXPO

At the end of September 2021, Cause for Justice hosted a Values-based Sexuality Education Expo in the Drakenstein area of the Western Cape, South Africa. The Expo was a great opportunity to make parents, teachers and child protection stakeholders aware of:

• The ideological prejudices implicit in the Department of Basic Education’s Comprehensive Sexuality Education (CSE) scripted lesson plans.
• The availability of values-based sexuality education programmes that can be used as alternatives to the CSE in the classroom.
• How values-based sexuality education materials can be practically implemented in the classroom.

The programme consisted of an informative panel discussion, presentations about four values-based sexuality education programmes and on how alternative learning materials can be used in the classroom, and an exhibition on alternative programmes and supplementary learning materials.

Guests agreed that we cannot afford to ignore or remain ignorant of important issues affecting our children’s sexual health and relationships. You can equip yourself by taking a deeper dive into the issues surrounding CSE, by watching this series of five videos, where our panel of experts discuss: 

• The context, background, and content of the CSE scripted lesson plans (Video 1).
• Parents’, counsellors’ and therapists’ concerns and experiences with CSE (Video 2).
• The philosophical and political elements to CSE and radical gender ideology (Video 3).
• Gender identity disorder and transgender ideology (Video 4).
• The closing of the panel discussion (Video 5).

You can learn more about specific values-based programmes and how to implement one in your school, by watching this series of five videos:

• Tomorrow’s Leaders in Training
• Life at the Crossroads
• No Apologies (Focus on the Family)
• Smart Life
• Making use of alternative learning material in the classroom

Cause for Justice Executive Director and Legal Counsel, Ryan Smit, concluded the day’s proceedings by giving a presentation on –

• the ineffectiveness of CSE, 
• why the state-sponsored CSE scripted lesson plans are not compulsory, and 
• what strategies are available for those who do not want to make use of the CSE scripted lesson plans in the classroom.

To learn more:

• Read our Values-based Sexuality Education Expo blog.

CSE and ‘Learner Pregnancy Policy’

Sadly, many South African children do not enjoy values-based sexuality education at home or school. As a result, they are not raised to be resilient to harmful messages about sexuality and relationships – and the destructive behaviours flowing from it.

The Department of Basic Education’s controversial CSE content does not focus on only abstinence and character development. What is more, studies gauging its impact, found CSE is ineffective and even harmful! The good news is, the CSE scripted lesson plans are not compulsory  – so parents, schools and teachers can take steps to ensure our children receive values-based sexuality education.

The South African public first learnt about a renewed drive to inculcate CSE in school curriculum when the Department published its draft National Policy on the Prevention and Management of Learner Pregnancy in Schools in 2018. The purpose of the Policy is to reduce learner pregnancy through CSE and providing sexual and reproductive health services (which includes abortion) to children. Following a public consultation process, during which Cause for Justice delivered written submissions, the Department has recently approved the Policy and will now submit it to the Cabinet for final consideration.

Learn more:

• Comprehensive Sexuality Education update (blog)

• The Department of Basic Education’s controversial Comprehensive Sexuality Education in schools (KingFisherFM radio interview)

16 DAYS OF ACTIVISM AGAINST VIOLENCE AGAINST WOMEN AND CHILDREN (GBV)

Violence against women and children is a scourge we need to pro-actively eradicate from our society. This year, Cause for Justice supported the global 16 Days of Activism for No Violence Against Women and Children campaign, by focussing on the importance of raising our children with values that say loud and clear: no form of abuse is acceptable!

Healthy families provide children with the best opportunity to grow into healthy adults who contribute to creating and sustaining healthy communities. That is why ending GBV starts at home: teaching our children healthy values about sex, and gender relationships, is the first line of defence. 

While parents bear the primary responsibility for this, we also need to ensure that any sexuality education offered in schools, is values-based, scientifically accurate and age-appropriate. Then children will understand that sex is not simply a ‘recreational activity’, and know how to treat others (and themselves) with respect.

Learn more:

• Preventing violence against women and children begins at home (blog)

Our 16 Days of Activism against GBV campaign forms part of our continued participation in the 365 Days of Action for No Violence against Children programme. This Department of Social Development-led initiative encourages civil society stakeholders to develop and roll-out community-based awareness, prevention and early-intervention plans in order to help end violence against children.

CHILD PROTECTION STAKEHOLDER ENGAGEMENT

The abuse and exploitation of children is an unacceptable injustice, especially because of children’s particular vulnerability. That is why Cause for Justice continues to seek out and seize opportunities to promote child protection and prevent child exploitation. 

We know that something of this magnitude can only be addressed by working together. That is why we invest in strategic relationships in the child protection and anti-child exploitation sector – by engaging fellow child protection stakeholders, attending and contributing to governmental and key civil society child protection forums and child rights coalitions. Some of our activities over the course of the past semester included:

• Giving a presentation on CSE and programmes that can be used as alternatives to the Department of Basic Education’s scripted lesson plans to the Drakenstein Child Protection Steering Group.
• Facilitating meetings between local child protection and anti-trafficking stakeholders (from government and civil society organisations in the Helderberg area) to identify local child trafficking concerns and collaboration opportunities.
• Meeting with the national Department of Social Development about local child protection stakeholders’ frustration with the severe backlogs and delays experienced with getting Child Protection Register clearances for prospective foster parents and childcare workers – and in this way, contributing to the implementation of a solution which has significantly decreased the backlog and delays.

EXPLOITATION STAKEHOLDER WORKSHOP

In December 2021, we took part in a four-day training workshop on child trafficking and exploitation, hosted by the Child Protection Directorate of the Department of Social Development. Due to our continued good relationship with the Department, we were invited to give a presentation on ‘porn-proofing’ children’s spaces – which was very well received. The Department also encouraged participants to reach out to CFJ-founded ‘Centre Against Sexual Exploitation, South Africa (CASE-SA)’ to learn more about the harms of pornography exposure (and how to keep children safe) and to involve CASE-SA in their community-based programmes.

Learn more:

• Visit the CASE-SA website.
• Read our latest CASE-SA blog.

* CASE-SA is an initiative of Cause for Justice.

#PARENTTALK: THE UNSPOKEN EPIDEMIC

The global Covid-19 pandemic has highlighted and exacerbated another epidemic – an ‘unspoken epidemic’: Children and Pornography. Due to lock-down restrictions, children have been spending more and more time online, both for educational and recreational purposes. Children have never before faced a greater risk of being exposed to the severely harmful impact of pornography. 

That is why the CASE-SA has stepped up and produced the virtual #ParentTalk course, with a message of hope, to educate and empower parents and caregivers to protect children in their care appropriately in this digital age!

The #ParentTalk course includes four core training modules consisting of 90 minutes of interviews, that cover important topics such as:

• The prevalence and harms of pornography exposure.
• The impact of pornography the development child brain.
• Equipping parents to prepare children for exposure (and how to recover from its effects).
• Using technological resources to safeguard children.

But this is only the starting point. #ParentTalk also guides parents, teachers and other caregivers of children to a growing list of great additional resources, informative interviews, and details of service providers who can help you or your loved ones overcome sexual trauma, addiction and health issues relating to pornography.

Get involved without delay – help protect our children today:

• Sign-up for the #ParentTalk course.
• Sign-up to become a #ParentTalk and Pornproofing Ambassador.
• Visit the Unspoken Epidemic (#ParentTalk) website.

CHILD PROTECTION LAW AND POLICY REFORM

The South African Constitution provides that a “child’s best interests are of paramount importance in every matter concerning the child”. Cause for Justice is committed to ensuring that South African law reflect this. That is why we participate in the legislative process and comment on policy documents that affect the interests of children.

Children’s Amendment Bill

South Africa’s premier legislative child protection instrument, the Childrens Act, is being reviewed – providing a great opportunity to ensure the law protects children effectively against the harmful impact of exposure to explicit sexual and violent content. We focused our submission on the importance of introducing a legal duty to protect children from harmful content, delivering oral submissions [at 3:58:32 to 4:22:59] to Parliament (in addition to our written submissions).

Research shows that exposure to sexual and violent content is severely harmful to children. This is why a positive obligation, setting out what people legally are required to do, is necessary for protecting children’s well-being and best interests.

Read more:

• Ensuring South African child law effectively protects children from harmful content (blog)
• Human rights organisation implores Parliament: Act now to protect our children from harmful content! (press release)

LEARN MORE ABOUT HOW WE ASSIST YOU TO PROTECT YOUR FAMILY AND CHILDREN

Want to learn more about how Cause for Justice has advocated for the best interests of children and assisted to protect families during 2021? Read our –

• First semester overview blog
• Second semester news briefings and alerts

HELP US TO CONTINUE ADVOCATING TO PROTECT FAMILIES AND CHILDREN

The wellbeing of families and children are important to us. We believe both are worthy of protection. Cause for Justice will continue taking up causes and taking a stand to defend and advance the interests of families and children in South Africa.

If you are passionate about protecting families and children, we invite you to support our work by way of regular or ad-hoc donations. Without your contributions, we will not be able to continue taking up worthy causes such as these.

Please visit our website to find out how to make a donation of any amount.

Cause for Justice is a registered public benefit organisation for South African income tax purposes and may issue section 18A receipts, which entitle donors to claim tax deductions in respect of donations made to Cause for Justice.

Values-based Sexuality Education Expo 2021

We cannot afford to ignore or remain ignorant about important issues affecting our children’s internal and social well-being, including their need for identity and belonging, as they develop towards sexual maturity and seek how to express and channel their sexual awareness in the most beneficial ways. Cause for Justice takes the best interests of children seriously. That is why we hosted a Values-based Sexuality Education Expo during the final quarter of 2021.

The Expo consisted of –

1. an informative panel discussion 
2. presentations by four values-based sexuality education programme providers
3. a presentation on how to use alternative learning materials in the classroom, and 
4. exhibits on available programmes and supplementary learning materials.

It was a great opportunity to make parents, teachers and child protection stakeholders aware of:

• The ideological prejudices implicit in the Department of Basic Education’s Comprehensive Sexuality Education (CSE) scripted lesson plans;
• The availability of values-based sexuality education programmes that can be used as alternatives to the CSE in the classroom; and
• How values-based sexuality education materials can be practically implemented in the classroom.

Setting the stage: State-sponsored CSE – Context, background, content, philosophical roots and practical implications

The Expo kicked-off with an engaging and eye-opening panel discussion. 

Cause for Justice Executive Director and Legal Counsel, Ryan Smit, discussed the context and background to the state-sponsored CSE scripted lesson plans, as well as the actual content that is currently being rolled out into South African public schools.

[WATCH MR SMIT’S SESSION]

Parenting coach, Drikie Atherstone, considered parents’, counsellors’ and therapists’ concerns about CSE in schools – as well as their experiences of the impact of the material on children and on the parent-child relationship.

[WATCH MRS ATHERSTONE’S SESSION]

Professor of political science, Nicola de Jager, discussed the intrusion of the state into the private domain, and how diversity is stifled by promoting the adoption of a single ideology (radical gender ideology) in the public sphere, including public schools. She also considered the philosophical roots of radical gender ideology (gender theory), including the origin of the use of the term ‘gender’ in the context of male-female societal relations and how it is used in our current cultural context and for what purposes.

[WATCH PROF DE JAGER’S SESSION]

Professor of medicine, Reitze Rodseth, from a medical perspective, clarified some of the terminology at the intersection of ‘gender dysphoria’ (also called ’gender identity disorder’) and radical gender ideology. He considered how the term ‘gender’ is used – and abused – in the context of drug-based and surgical interventions to achieve conversion of bodily sexual characteristics to accord more closely with the physical attributes of the opposite sex. He also discussed the impact of medical interventions to bring about conversion of physical attributes, on children.

[WATCH PROF RODSETH’S SESSION]

Values-based Sexuality Education Programmes

After the panel discussion, four (4) owners of values-based life skills and sexuality education programmes introduced their learning content to the audience. These are learning materials that can be used as alternatives to CSE content in the classroom. The four presentations can be viewed in this four-video series: 

• Tomorrow’s Leaders in Training – presented by Mr Burt Ronald;
• Life at the Crossroads – presented by Mr Marais Koegelenberg;
• No Apologies (Focus on the Family) – Presented by Mrs Noluthando Moshesh; and
• Smart Life – Presented by Dr Darleen Edwards-Meyers.

Schools that have implemented values-based approaches and programmes, are reaping the rewards where it matters – in the form of healthy and grounded children. If by now, you can’t wait to implement a values-based programme in your school, watch a headmaster sharing his school’s experience with implementing and benefitting from values-based approach to determining which learning materials to use in the classroom. 

As part of our work in this field, we also prepared a summary of values-based programmes and learning materials, sets out the pertinent aspects of each programme – including content overview, the format of the learning material, to which age groups it applies, cost, and opportunities for training. We also included a summary of the Life Orientation (LO) CAPS alignment of each programme – to help schools, LO subject heads and educators determine the extent and ease with which to make use of the alternative programmes in the classroom.

Do not hesitate to contact us for more information about values-based learning programmes/materials.

CSE is Ineffective – and Not Compulsory

Cause for Justice Executive Director and Legal Counsel, Ryan Smit, also gave a presentation on –

• the ineffectiveness of CSE, 
• why the state-sponsored CSE scripted lesson plans are not compulsory, and 
• what strategies are available for those who do not want to make use of the CSE scripted lesson plans in the classroom.

We also shared with our guests, a copy of a letter from the Department of Basic Education, confirming that public schools may use alternative learning content and/or programmatic material to teach the Life Skills (LS) and LO subjects in the classroom.

 

[WATCH MR SMIT’S SESSION]

DID YOU KNOW: You are well within your rights to make use of alternative programmes and CAPS alignment summaries to approach your child’s school and request them to rather use one of the alternative learning programmes, instead of the DBE’s CSE SLPs to teach the LS and LO subjects – by replacing it with learning content that is in keeping with your own family and community values.

***

We are grateful for the opportunity to take hands with parents, teachers, school governing bodies and other child protection stakeholders to ensure that the best interests of South African children are upheld when it comes to the sexuality education they receive. 

Sadly, many South African children do not enjoy values-based sexuality education at home or school. As a result, they are not equipped with a resilient response to harmful messages about sexuality and male-female societal relationships – and the destructive behaviours flowing from it. 

That is why we need to raise awareness about the beneficial impact of values-based programmes and the unwanted impact of CSE. Together we can ensure our children receive the best education to prepare them for life!

16 DAYS OF ACTIVISM AGAINST GBV 2021

PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN BEGINS AT HOME

Violence against women and children is unacceptable – a scourge we need to eradicate actively from our society. The first steps are to raise awareness about gender-based violence (GBV) and empower society to help victims (and victims to help themselves) and how to prevent and stop the violence and abuse.

16 Days of Activism for No Violence Against Women and Children

The global 16 Days of Activism for No Violence Against Women and Children campaign kicks off every year on 25 November (the International Day for the Elimination of Violence against Women) and culminates on Human Rights Day (10 December). Cause for Justice (CFJ) supports this UN-led international initiative to eliminate all forms of GBV. 

This year, we are focussing on the importance of raising our children with values that say loud and clear: no form of violence and abuse is acceptable! Preventing and eradicating GBV starts at home – healthy families provide children with the best opportunity to grow into healthy adults who contribute to creating and sustaining healthy communities. We want to see our children empowered to know what to do to protect themselves and others against GBV, and to report incidents (both now and as adults).

Let’s help set up the next generation for a bright and abuse free future. Let’s teach our children to respect themselves and others!

Values-based Sexuality Education: An Important Tool in Eliminating GBV from Society

Our 16 Days of Activism campaign emphasises the importance of values-based sexuality education in schools. But why are we talking about sexuality education when we are campaigning to stop GBV? Because teaching our children healthy values about sex, gender and relationships, is the first line of defence. 

Parents bear the primary responsibility (and privilege) of teaching their children about healthy sexuality and relationships in accordance with their family values and beliefs. Children who are taught to treat themselves – and others – with respect and dignity, will not participate in GBV and will speak out against it. This is why we say preventing GBV starts at home.  

Children need to learn from their parents that sex is not simply a recreational activity. A recreational view of sex risks seeing someone else’s (or your own) body as a mere “thing” to be used for sexual satisfaction – while our bodies and sexuality are worth far more! It also minimises the real and serious responsibilities that come with engaging in sexual activity. 

Most perpetrators of GBV are male and most victims are female. Values-based sexuality education teaches boys how to treat women and girls with respect. It teaches girls what respectable (i.e. acceptable) treatment by boys and men are – and what are not. 

This is why we must ensure that any sexuality education a child receives at home or in school, is values-based. It must also be scientifically accurate and age-appropriate. Thankfully, there are many great values-based programmes available!

Learn more about values-based sexuality education programmes – watch these four introductory sessions (and/or contact us for info on more programmes/materials):

• Tomorrow’s Leaders in Training
• Life at the Crossroads
• No Apologies (Focus on the Family)
• Smart Life

To learn more about the beneficial impact of values-based programmes and how to implement one in your school, watch this video of a headmaster sharing his school’s experience. 

Controversial and Ineffective Comprehensive Sexuality Education

Sadly, many South African children do not enjoy values-based sexuality education at home or school. As a result, they are not raised to be resilient to harmful messages about sexuality and relationships – and the destructive behaviours flowing from it. 

Some claim Comprehensive Sexuality Education (CSE) will help protect children and end the scourge of GBV, but this just isn’t true. The controversial CSE content is not values-based and does not focus on abstinence and character development. What is more, studies gauging its impact, found CSE is ineffective and even harmful! The good news is, we know CSE is not compulsory for schools and we can take steps to ensure our children enjoy values-based sexuality education.

For a deep dive into important issues surrounding CSE, watch our six videos series where our panel of experts look at the following: 

• The context and content of the Department of Basic Education’s Comprehensive Sexuality Education (CSE) Scripted Lesson Plans: video 1.
• Parents and counsellors/therapists’ concerns and experiences with CSE: video 2.
• The philosophical and political elements of CSE (and radical gender ideology): video 3.
• Gender identity disorder and transgender ideology: video 4.
• A closing discussion (summary of issues): video 5.

Help end GBV by teaching children about healthy values and relationships

Our children are the future generations who will bear the responsibility to steward our country and the world – one day passing on the baton to their own children. We all have a part to play. One impactful way is to ensure that South African children receive scientifically accurate and age-appropriate values-based sexuality education in schools. This will help them understand what healthy values and relationships are, and to reject all forms of violence and abuse.

Join our 16 Days of Activism campaign: let’s stand together against GBV by standing for raising healthy children in healthy families. Now that is a cause we can all get behind!

REPORT INCIDENTS: Know where to go

Reporting violence and abuse is our shared social responsibility. Report any incidents you are aware of, or suspect is happening.

• Sexual offences: Your closest police station (who will notify the SAPS Family Violence and Sexual Offences Unit).
• Physical abuse / domestic violence: Your closest police station or the Provincial Department of Social Development.
• Neglect: The Provincial Department of Social Development
• Child labour: Your closest police station or the Department of Labour
• Human trafficking: Your closest police station or the National Resource Line (see below).

HELP LINES: Know who to call

• SAPS Crime Stop (report a crime anonymously): 08600 10111
• Gender-Based Violence Command Centre (report GBV / counselling support): 0800 428 428
• STOP Gender Violence Helpline: 0800 150 150
• Childline (report child abuse): 0800 055 555
• National Crisis Line (counselling service): 086 132 2322
• AIDS Helpline: 0800 012 322
• National Resource Line (human trafficking): 0800 222 777

Want to do more to help?

Support this cause by:

• Contributing financially to help us champion the elimination of violence against women and children.
• Telling others about Cause for Justice and the work we do.

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