IN FOCUS: PROTECTING FAMILIES

(SECOND SEMESTER NEWSLETTER)

 

At Cause for Justice (CFJ), we value the family unit and take the best interests of children seriously. We are steadfastly committed to assisting you to protect your family from destructive societal forces – by upholding and advancing your constitutional rights and interests.

 

LAW AND POLICY DEVELOPMENTS

PROTECTING PARENTAL RIGHTS AND AUTHORITY

CFJ made oral submissions to Parliament’s Portfolio Committee on Basic Education (PCBE)on 15 November 2022. We have been participating in the law-making process around the Basic Education Laws Amendment Bill (BELA Bill) for the past four years. After delivering submissions on the Draft Bill to the Department of Basic Education (DBE) in 2018, the DBE introduced the Bill in Parliament at the beginning of 2022. CFJ delivered its written submissions to the PCBE in June 2022.

We continue to emphasise that it is settled international law – and South African law affirms this position – that parents have the primary responsibility for their child’s education and have a fundamental right to direct and determine the nature and content of their child’s education.

In the public school environment, this right includes actively participating in the governance of the school their child attends. The State must support parents and school governing bodies to effectively exercise these rights in the best interests of their children.

We will use every opportunity to ensure parental rights and children’s best interests are respected, protected, promoted and fulfilled.

SCHOOL POLICY TO ACCOMMODATE NEEDS OF LEARNERS WITH GENDER DYSPHORIA – 

Showing compassion for a serious clinical condition, without endorsing radical ideologies about the nature of human identity (gender and sexuality)

 

In 2021, CFJ became aware of a local primary school approving certain exemptions to their generally applicable rules and practices, to accommodate the needs of a young learner diagnosed with gender dysphoria.

During the first half of 2022, we actively engaged with different stakeholders, experts and professional advisers to formulate proactive responses that are in the best interests of schools and learners, including learners experiencing gender incongruence.

Early in the second semester, we finalised a generic draft school policy. The policy aims to show compassion towards learners with gender dysphoria, practically and substantively, while showing due regard for the rights, interests and concerns of other learners and parents, and without enforcing a single ideology about human identity onto the whole of the school community.

Schools that wish to show compassion for a serious clinical condition, without endorsing or forcing radical ideologies about the nature of human identity (gender and sexuality) onto their school communities, are finding it increasingly difficult to withstand pressures from gender ideology activists and their public mouthpieces, the mainstream media and the South African government.

If this is an area in which you require assistance or guidance, do not hesitate to contact us at info@causeforjustice.org.

 

RADICAL GENDER THEORY IN EARLY CHILDHOOD DEVELOPMENT

In October 2022, we became aware of the Department of Basic Education’s (DBE) toolkit for gender-responsive pedagogies in Early Childhood Development (ECD). The toolkit includes documents such as ‘All are Welcome! Promoting Gender Equality in Early Childhood Development: A Practical Guide for Teachers and Practitioners in South Africa’, which is intended to guide ECD practitioners and educators on various aspects, including teaching a very specific worldview on sex and gender in the classroom and facilitating specific interactions beyond the classroom (as well as determining the involvement of parents).

Cause for Justice is concerned that the toolkit contains radical ideological – and very controversial – content, despite DBE’s obligation to remain ideologically neutral in its response to social pressure and activism. The only way to protect and promote the constitutional rights of all children in pre-schools would be for DBE to keep the school arena ideologically neutral. The role of an ECD educator is to equip a child with basic skills. The role of parents are to teach children values and a worldview. The underlying premise of the toolkit seems to be to give the teacher a dual role, now being encouraged to teach a radical ideological worldview to children about their sexed identity.

We are further concerned about the impact of such content – specifically in the way that it undermines parental rights and authority. This is evident through discrepancies seen in differences in the teaching materials and learning materials. This has the effect that parents only have access to the learning material and won’t be able question and inspect the what is being taught through the teaching material. There is a real risk that this will cause learners to start questioning the beliefs and values of their parents, because the beliefs and values government have chosen to promote are in conflict with the beliefs and values of good parents.

What now?!

Since learning of this unprecedented move by government to promote radical gender theory to 2- to 5-year-olds, CFJ pulled together a group of social advocacy organisations to start building a strategy to respond to this next interference and overreach by government into the lives of young children and families. After the first couple of interactions, a clear strategy is starting to emerge by which parents, families, church and other communities will be able to make a stand against the ideological capture of the ECD sector.

The roll-out of this strategy will necessarily require resourcing, both human and campaign-related. If you want to stand with us in the protection of your children, please consider giving a once-off financial gift, or ad-hoc or recurring donations to CFJ via our donate page: https://causeforjustice.org/donate/.      

 

SOGIESC IN SCHOOLS

The DBE’s draft Guidelines for the Socio-educational Inclusion of Diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC Guidelines) raises similar concerns as its Early Childhood Education (ECE) toolkit. Evidently, the SOGIESC Guidelines is likewise founded in radical gender ideology. For Cause for Justice, this raises constitutional concerns as the Guidelines have the potential to infringe upon the best interest of children as well as parental rights and authority.

The Guidelines proposes that gender and biological sex can be divorced from each other. It states that the mere fact that a child has specific physical characteristics, does not necessarily indicate that child’s sex. Male and female are not seen as binary concepts. Rather, the Guidelines allege that gender is based on a spectrum. In addition, the SOGIESC Guidelines assume that transgender ideology is a scientific fact, whereas in reality it is a highly contested and controversial issue in the medical world.

Internationally, in many education sectors the detrimental impact of teaching this radical ideology in schools, is becoming harder to deny. Shared bathrooms and changing rooms raise the concerns of girls’ privacy rights and safety. Girls’ sport has seen an increasing number of biological boys who identify as female, breaking records and receiving trophies and even earning scholarships, intended for girls. It is a scientific reality that a biological boy has a (unfair) physiological advantage over a biological girl in sport where physical strength and speed is required.

Another grave concern in the possibility – and already a reality in some schools – that staff and students will be forced to act against their sincerely beliefs of male and female, by calling others by their “preferred pronouns”, irrespective of the immutable scientific fact of biological sex.

The DBE intends on publishing the SOGIESC Guidelines for public comment during early 2023. Cause for Justice will continue take hold of every opportunity to engage with DBE, including drafting substantive submissions, to ventilate these important issues and expose the real detrimental impact of radical gender ideology on children.

 

VALUES-BASED SEXUALITY EDUCATION

We cannot afford to ignore or remain ignorant about important issues affecting our children’s personal and social well-being. This includes their need for and sense of identity and belonging. As children develop towards sexual maturity, they need to be guided to express and channel their growing sexual awareness in the most healthy and beneficial way.

In the final quarter of 2021, we hosted a Values-based Sexuality Education Expo. You can now catch up with the Expo sessions online. Don’t miss this great opportunity to engage with informative discussions and presentations about:

• Implicit ideological prejudices in the Department of Basic Education’s Comprehensive Sexuality Education (CSE) scripted lesson plans (SLPs) – as well as
• Medical experts’, parents’, counsellors’, and therapists’ concerns with CSE (see Expo playlist);
• Values-based sexuality education programmes that can be used as alternatives to the CSE in the classroom (see playlist); and
• How values-based sexuality education materials can be practically implemented in the classroom.

Schools that have implemented values-based approaches and programmes are reaping the rewards where it matters – in the form of healthy and grounded children!

Do not hesitate to contact us for more information about values-based learning programmes / materials – and how they align to the Life Orientation (LO) CAPS (particularly useful information for schools, LO subject heads and educators).

The bottom line is: CSE is ineffective and not compulsory – and there are proven alternative programmes and learning materials that you have the right to use!

• To learn more about the Expo – and your right as a parent, teacher or school, to make use of alternative programmes: read our Expo emailer.

 

#PARENT TALK: THE UNSPOKEN EPIDEMIC OF CHILDREN AND PORNOGRAPHY

Children spend more and more time online for both educational and recreational purposes. They are facing a greater risk than ever before of being exposed to the severely harmful impact of pornography. What can parents do to protect children in this digital age? 

With a message of hope, the CASE-SA’s virtual #ParentTalk course is here to educate and empower parents and caregivers to protect children! The #ParentTalk course includes four core training modules consisting of 90 minutes (in total) of interviews, that cover important topics such as:

• The prevalence and harms of pornography exposure (watch free preview).
• The impact of pornography on the developing child’s brain.
• Equipping parents to prepare children to respond appropriately to exposure (and arming them with knowledge about how to assist children to recover from the effects of pornography exposure).

• Using technology resources to safeguard children (watch free preview).

But completing the self-paced course 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 which can help you and your loved ones overcome sexual trauma, addiction and health issues relating to pornography.

Get involved – help protect our children today:

• Sign-up for the virtual (self-paced) #ParentTalk course.
• Sign-up to become a #ParentTalk and Porn-proofing Ambassador.

Available Online and In-person

After kicking off our in-person courses again in the first half of 2022 we are delighted to have had the opportunity to present #ParentTalk at another two communities during the final quarter of 2022. In September we presented to the staff at Wagpos High School in North West. In October we could engage the farming community of Bothaville in the Free State.

Contact us

If you would like us to present either an in-person or virtual group event to your community or network, please make contact by sending an e-mail to: info@case-sa.org.

CASE-SA or the Centre Against Sexual Exploitation, South Africa is an initiative of Cause for Justice.

 

‘GOOD PICTURES BAD PICTURES’ (BOOKS)

CASE-SA partnered with Break Free to bring South Africa two read-along parenting books, Good Pictures Bad Pictures (for children ages 7 – 13) and Good Pictures Bad Pictures Junior (for children ages 3 – 6) by best-selling author and speaker, Kristen Jenson.

The books empower parents to start and develop one of the most crucial family conversations in our current ‘porn-drenched’ society, telling the story of a mom and dad explaining to their children what pornography is (how to recognise it), why it is harmful (understanding the dangers) and how to respond when exposed to it (empowering children with a plan to stay safe).

CASE-SA has acquired the exclusive rights to print, market, sell and distribute the two titles in South Africa.

The books are available for online purchase in South Africa at www.goodpictures.co.za.

Bulk orders can be placed at: info@case-sa.org

 

CHILD PROTECTION STAKEHOLDER ENGAGEMENT

At CFJ, we value and invest in strategic relationships in the child protection environment. The abuse and exploitation of children is an unacceptable injustice – and, tragically, of such a magnitude that it must be addressed by working together with both civil society and government stakeholders.

Some of our activities during the second half of 2022 included:

• Participating in and contributing to various local, provincial and national child protection forums and consultative meetings.
• Assisting concerned parents and members of the public with child protection-related matters and queries.
• Educating school staff on the best interests of children in respect of sexuality education.
• Attending national government workshops on the Prevention and Management of Violence, Child Abuse, Neglect and Exploitation.

 

HELP US TO CONTINUE ADVOCATING TO PROTECT FAMILIES AND CHILDREN

Both families and children are worthy of protection. A stable family unit is the cornerstone of flourishing communities and the whole of society. We share a collectively responsible for the social welfare and security of all people – especially the most vulnerable in our society (like children).

Cause for Justice is committed to defending and advancing the interests of families and children in South Africa.

Learn more:

• Catch up on any important causes and developments you might have missed in the first half of the year read our 2022 Family and Children first semester blog. 

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.

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

IMPORTANT NOTE:

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.

 

IN FOCUS: THE INHERENT WORTH (DIGNITY) OF HUMAN LIFE

(SECOND SEMESTER 2022)

At Cause for Justice (CFJ) we recognise that each human life carries equal value and that every human being is entitled to equal benefit and protection of the law. That is why we are committed to promoting the pre-eminent worth of all (and not only some) members of the human family.

To this end, we oppose the killing of children before birth – through abortion – and oppose the killing of the frail, infirmed, sickly and elderly by reason of their unique sets of vulnerabilities – through euthanasia.

Millions of South Africans believe in the inherent worth (dignity or sanctity) of human life. Yet, unfortunately, there are alarming developments that threaten and directly oppose this self-evident truth. 

In this overview blog, we will look at some of the causes we have been engaging in during the second semester of 2022, to uphold the value of and fundamental right to life, in South Africa.

WALTER & OTHERS V MINISTER OF HEALTH & OTHERS (COURT CASE, JOHANNESBURG HIGH COURT)

The hearing of the Walter trial was set to commence in the Johannesburg High Court in May 2022, with Cause for Justice participating in the case as a ‘friend of the court’ party. On 11 April 2022, the matter was abruptly removed from the court roll as certain expert evidence reports were still outstanding. The case has not been re-enrolled since.

During September 2022, the plaintiffs’ legal representatives unexpectedly withdrew – creating even further uncertainty about the progression of the case. meanwhile, CFJ’s legal team is taking steps to ensure that we are in a state of readiness to present a strong case in court once (or if) this important matter proceeds to trial.

What is this cause about – what is at stake?

The Walter case is a legal challenge against the total criminal prohibition of euthanasia in South African law – specifically, the prohibition of physician assisted suicide (PAS) and physician assisted euthanasia (PAE). Both PAS and PAE are prohibited under current South African law.

All human rights are anchored in the inherent value of human life. That is why reducing the inherent worth of human life by equating it with one’s experience/enjoyment/quality of life, has far-reaching societal consequences – and will, inevitably, erode all other fundamental rights.

However well-intentioned, PAS and PAE are not ‘medical treatments’ or acceptable healthcare responses to human sickness and suffering. PAS and PAE do not protect human dignity – on the contrary, it destroys it.

We Need Your Support

Your contributions enable us to continue protecting the right to life and to advocate for the inherent dignity (worth) of all human life, even when pain and suffering causes a loss of quality of life. Please consider donating to this cause by visiting our donate page.

VOICE OF THE UNBORN BABY (COURT CASE)

The Constitutional Court handed down its judgment in Voice of the Unborn Baby NPC v Minister of Home Affairs, in which Cause for Justice acted as a ‘friend of the court’ party, on 15 June 2022. South Africa’s highest court found that there is no legal prohibition against the burial of babies that die during the first 26 weeks in the womb, or babies that die due to abortion.

The court reasoned that the Births and Deaths Registration Act (BADRA) only regulates the burial of “dead human bodies”. In its opinion, the remains of a baby that dies during the first 26 weeks in the womb, is not a dead human body. Therefore, the burial rules in BADRA do not apply to the remains of babies that die before 26 weeks of existence in the womb. Accordingly, non-compliance with the burial requirements in BADRA does not result in the prohibition of the burial of the remains of pre-viable babies.

Unfortunately, it remains uncertain whether parents of babies that die during the first 26 weeks in the womb have the legal right to bury their babies’ remains. According to the Court, the confirmation of such a right would depend on whether the public healthcare system has the necessary resources to execute the steps required of it to enable parents to bury their baby’s remains.

We remain convinced that the only appropriate outcome to the case would have been one that explicitly acknowledges the humanity of all unborn babies, advancing the constitutional value of human dignity. We believe that disrespecting the worth (dignity) of unborn children is not consistent with the constitutional value of human dignity.

Since delivery of the judgment, CFJ has met with senior legal counsel and medical experts to consider the legal implications of the judgment and to determine what next steps are necessary to enable parents to honour the humanity and worth (dignity) of babies that die prior to live birth by way of burial. One of the outcomes of this process will be a briefing document on the implications of Voice of the Unborn Baby decision, to assist hospitals, clinics and medical practitioners.

To learn more about the Voice of the Unborn Baby case:

• Listen to radio interviews and read media articles on our ‘in the press’ page, including our most recent press release and News 24 opinion piece.
• Watch our oral submissions to the Constitutional Court on 4 November 2021 (at 01:45:13 to 02:01:28 of the recording).
• Visit our dedicated cause page.

OTHER LIFE-RELATED LAW AND POLICY DEVELOPMENTS

Dobbs v Jackson Women’s Health Organization

On 24 June 2022, the US Supreme Court handed down a historic judgment in Dobbs v Jackson Women’s Health Organization. It vindicated the legal recognition and protection of the right to and dignity of human life, by reversing its decision in Roe v Wade (1973). In Roe v Wade, a federal constitutional right to abortion was recognised, which led to the death of more than 60 million children within 50 years. After the reversal of the decision in Roe, it is now up to each state in the US to protect its most vulnerable by way of state legislation, or to provide for abortion within its borders.

• You can learn more about the case by watching an informative video and reading an in-depth case discussion in a related News briefing.

HELP US TO CONTINUE ADVOCATING FOR THE INHERENT WORTH (HUMAN DIGNITY) OF ALL MEMBERS OF THE HUMAN FAMILY

The South African Constitution recognises the inherent value (worth or dignity) of all human beings – that is, of each and every member of the human family. Logically and practically, the right to human dignity and the right to life cannot be separated from one another.

Cause for Justice is committed to ensuring that South African laws and policies recognise and advance the values of the Constitution – especially the inherent dignity (worth) of human life – and the fundamental rights and freedoms contained in the Bill of Rights.

We Need Your Support

If you are passionate about protecting or advocating for the sanctity of life, 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.

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.

IN FOCUS: FUNDAMENTAL FREEDOMS – RELIGION, EXPRESSION AND ASSOCIATION

(SECOND SEMESTER 2022)

Cause for Justice (CFJ) advocates for the responsible exercise (and enjoyment) of constitutional rights and freedoms. These include, amongst others, freedom of expression; freedom of conscience, religion, belief, thought and opinion; and freedom of association.

The Bill of Rights “enshrines the rights of all people in [South Africa] and affirms the democratic values of human dignity, equality and freedom” (Section 7(1) of Constitution), and confirms that everyone “has inherent dignity and the right to have their dignity respected and protected” (Section 10 of the Constitution).

For many (if not all) persons, the ability to express and live in accordance with their sincerely held beliefs – whether religious or not – and to associate freely with others who believe similarly (and not to be forced to associate with others who believe differently), is inseparable from living a dignified life.

HATE CRIMES AND HATE SPEECH BILL

The Hate Speech Bill seeks to create two new criminal offences in South African law, namely “hate crime” and “hate speech”. Persons convicted of these offences, will face fines and/or imprisonment.

Many definitions in the Bill are overbroad and will have severe implications for freedom of expression and other constitutional freedoms, most notably freedom of religion. The Bill has the potential to prohibit people from communicating their convictions, thoughts and opinions – no matter how sincerely held, respectfully communicated, and objectively supported by facts and research these may be. 

Because the Bill purports to criminalise speech, people may end up being imprisoned for merely saying something that some regard as “politically incorrect”, even if they are in fact not advocating hatred or inciting harm against anyone. 

CFJ made oral submissions to the Portfolio Committee of Justice and Correctional Services in May this year (after having previously delivered written submissions to the Portfolio Committee in 2019).

Since September 2022, the Bill has been the subject of intense Parliamentary deliberations. CFJ is encouraged by the attention being given to the Bill by the Portfolio Committee. 

We have also been collaborating with fellow stakeholders over the past several months in the lobbying of members of Parliament to intervene on the concerning aspects and potential detrimental consequences of the Hate Speech Bill.

• Learn more about the Hate Speech Bill by reading our latest blog on legislative developments affecting fundamental freedoms.

PEPUDA AMENDMENT BILL

The purpose of the PEPUDA Amendment Bill is to improve the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). The Bill contains several problematic proposals and aspects, including:

• The proposed expansion of the definitions of ‘equality’ and ‘discrimination’ beyond constitutional (and logical) limits; and 
• Failing to adequately distinguish between ‘mere’ and ‘unfair’ discrimination (the Constitution only prohibits ‘unfair discrimination’).

CFJ has major reservations about the potentially far-reaching detrimental impact and questionable constitutionality of the Bill, which (ironically) is likely to have an adverse effect on the promotion of equality and prevention of unfair discrimination in South Africa. This is due to the Bill effectively limiting (whether intentional or not) fundamental rights – most notably freedom of religion, freedom of expression and freedom of association.

CFJ delivered supplementary written submissions on the Bill to the Department of Justice and Constitutional Development during October 2022, and participated in their consultative stakeholder workshop.

• Learn more about the PEPUDA Amendment Bill by reading our latest blog on legislative developments affecting fundamental freedoms.

ANTI-MONEY LAUNDERING BILL

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill seeks to improve measures to address money laundering and terrorism financing – in order to prevent the Republic from being grey-listed by the Financial Action Task Force (FATF; the global anti-money laundering and terrorism financing watchdog). While CFJ supports these laudable objectives, the initial version of the Bill included drastic – and clearly unconstitutional – proposals, such as requiring blanket compulsory registration for all local nonprofit organisations (NPOs) and even imposing criminal sanctions for non-compliance with financial management obligations in the NPO Act. The Bill is currently making its way through Parliament.

During October, we delivered preliminary written submissions and thereafter substantive written submissions on the Bill to the Standing Committee on Finance (a working committee of the National Assembly). We also acted quickly to alert the public to the drastic proposals. Due to concerted stakeholder engagement, these proposals have now been abandoned.

As things currently stand, compulsory registration is only proposed in respect of a limited subset of NPOs that are deemed to be especially ‘at-risk’ for money laundering and financing terrorism. Also, the proposed imposition of criminal sanctions has been replaced with administrative sanctions only. 

While we are encouraged by these marked improvements, and support constructive efforts to effectively combat social ills, we believe the current version of the Bill can be improved even further. This will help avoid potential future constitutional challenges to the Bill, as well as detrimental consequences to the NPO sector and the beneficiaries of their welfare work (vulnerable individuals and communities in the Republic). 

To the extent that the additional administrative and financial burden contemplated by the Bill will force NPOs to reduce or cease operations, much harm will be suffered by South African society.

Learn more about the Anti-Money Laundering Bill, by reading and listening to:

• Our latest Anti-Money Laundering Bill blog.
• Our written submissions and oral submissions (presentation slide deck).
• Our oral submissions and additional comments to the Select Committee on Finance on:
• 23 October (at [00:45:59] to [01:07:23]), and
• 25 October (at [01:49:42] to [01:52:57]) 2022.
• Our oral submissions and additional comments to the Standing Committee on Finance on:
• 11 October (at [01:18:29] to [01:29:05]),
• 18 October (at [02:44:58] to [02:46:56]), and 
• 28 October [at [01:22:16] to [01:23:50]] 2022.

TERRORIST AND RELATED ACTIVITIES AMENDMENT BILL

The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill seeks to update and bolster South Africa’s anti-terrorism laws, including preventing and combating the financing of terrorist activities. Cause for Justice delivered written submissions on the Bill to Parliament’s Portfolio Committee on Police during October 2022.

We are concerned that the proposed amendments will have a chilling effect on the fundamental right to freedom of expression, that is wholly disproportional to the actual threat of domestic terrorism. For example, the vague and overbroad definition of “terrorist activity” creates legal uncertainty, making it susceptible to abuse and likely to invite litigation (i.e. constitutional challenge in court).

The Portfolio Committee adopted a somewhat improved, amended version of the Bill on 18 November 2022. For example, the proposal to introduce a new crime criminalising the publication of so-called terrorism-related content, was abandoned. 

If adopted by Parliament’s National Assembly, the Bill will be transferred to the National Council of Provinces for further consideration by the delegations of the nine provinces.

• Learn more about the Terrorism and Related Activities Bill by reading our latest blog on legislative developments affecting fundamental freedoms.

OTHER FUNDAMENTAL FREEDOMS-RELATED LAW AND POLICY DEVELOPMENTS

NPO Amendment Bill

During November 2022, Cause for Justice delivered written submissions on the draft NPO Amendment Bill to the Department of Social Development (DSD), inter alia cautioning that proceeding with the Bill at this time is premature. The Bill seeks to amend some of the exact same provisions of the NPO Act as the Anti-Money Laundering Bill does. What is more, these proposals are at odds with the proposals in the Anti-Money Laundering Bill. 

We recommended to DSD, that it would be prudent to hold over the NPO Amendment Bill until after the Anti-Money Laundering Bill has been finalised.

Marriage Law Reform

Cause for Justice has been participating in various marriage law reform processes. These include the Department of Home Affairs’ (DHA) development of its policy position on marriage in the Republic, and the South African Law Reform Commission’s (SALRC) project on the possibility of a single marriage law governing all marriages in South Africa (SALRC Project 144). 

The DHA published its White Paper on Marriages in South Africa in May 2022, which will form the basis of any proposed marriage legislation. It has not yet put out any draft marriage legislation. The SALRC is currently preparing its Socio-Economic Impact Assessment System (SEIAS) report which it will submit together with their final report on Project 144 to the Minster of Home Affairs, and eventually the President of the Republic, for approval. 

• Read more about South African marriage law reform here.

Official Identity Management Policy

Cause for Justice commented on the DHA’s draft Official Identity Management Policy in February 2021. The policy contains certain proposals, which if adopted ‘as is’, risk enforcing a particular ideological view about the nature of human identity, on the whole of South African society. 

We have been following the progress of the policy, and have been advised that it is expected to be submitted for cabinet approval in early 2023.

• Read more about the draft Official Identity Management Policy here.

Beloftebos (Equality Court Case)

Cause for Justice remains poised to formally join the Beloftebos case as a ‘friend of the court party’, if the matter is not resolved out of court. The Beloftebos venue continues to face legal action for their decision to only host marriage ceremonies based on their sincerely held religious belief that marriage is a union between one man and one woman. The Human Rights Commission and a couple who instituted legal proceedings against the owners of the venue have to date not indicated a willingness to withdraw or settle the case.

HELP US TO CONTINUE TAKING ACTION TO PROTECT OUR FUNDAMENTAL FREEDOMS

The free and responsible exercise of constitutional rights is important. In our diverse and pluralistic society, everyone should be able to live their lives in accordance with their sincerely held beliefs, free from fear of reprisal. 

Cause for Justice will continue making a stand to defend fundamental freedoms in South Africa, in order to ensure we can all continue to freely, responsibly and fearlessly exercise our beliefs and express conscientious views and opinions in the public interest.

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.

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.

LEGISLATIVE DEVELOPMENTS AFFECTING YOUR FREEDOM OF RELIGION, EXPRESSION AND ASSOCIATION

The Bill of Rights “enshrines the rights of all people in [South Africa] and affirms the democratic values of human dignity, equality and freedom”. [Section 7(1) of Constitution]

In the Republic, everyone is “equal before the law and has the right to equal protection and benefit of the law”, and is entitled to “the full and equal enjoyment of all rights and freedoms”. [Sections 9(1) and (2)] Neither the state nor any person may unfairly discriminate against anyone on certain grounds, including ‘religion’, ‘conscience’, and ‘belief’. [Sections 9(3) and (4)]

The Bill of Rights confirms that everyone “has inherent dignity and the right to have their dignity respected and protected”. [Section 10]

For many (if not all) persons, the ability to express and live in accordance with their sincerely held beliefs – whether religious or not – and to associate freely with others who believe similarly, is inseparable from living a dignified life.

This is why Bill of Rights inter alia recognises and defends the rights to:

• Freedom of religion, belief and opinion; [Section 15]
• Freedom of expression; [Section 16]
• Freedom of association. [Section 18]

This blog examines three significant Bills that are set to have a direct impact on the advancement of these three fundamental freedom rights – and per extension, the full enjoyment of the rights to equality and human dignity as well.

Where fundamental rights come into conflict with another, a careful balance must be struck within constitutional parameters to ensure the maximum realisation and enjoyment of all rights. There is no hierarchy of rights and the constitutional approach to conflicting fundamental rights is reconciliatory in nature – requiring the application of the standard of proportionality.

This is especially important in those instances where ‘being different’ relates to sincerely held beliefs that are foundational to who people see themselves to be, informing how they want and are able to live meaningful lives – i.e. where their particular ‘difference’ is inseparable from their human dignity.

HATE SPEECH LEGISLATION

• The Minister of Justice and Constitutional Development introduced the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9-2018] (Hate Speech Bill) in Parliament on 13 April 2018.
• The Department of Justice and Constitutional Development (the Department) published the draft Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill, 2021 (PEPUDA Bill) in the Government Gazette on 26 March 2021. 

What is the Hate Speech Bill about and why should I be concerned?

The Hate Speech Bill seeks to create two new criminal offences in South African law, namely “hate crime” and “hate speech”. Persons convicted of these offences, will face fines and/or imprisonment.

Many definitions in the Bill are over-broad and will have severe implications for freedom of speech and other freedoms, most notably freedom of religion. The Bill has the potential to prohibit people from communicating their convictions, thoughts and opinions – no matter how sincerely held and objectively supported these may be. 

Because the Bill purports to criminalise expression, people may end up being imprisoned for saying something that is not “politically correct”, even if they are in fact not advocating hatred or inciting harm against anyone.

Read more about the Hate Speech Bill here:

• The fundamental rights to freedom of religion, expression and association
• Protecting South Africans’ constitutional rights and freedoms
• Protection of free speech

What has Cause for Justice done to protect my fundamental rights and freedoms?

Cause for Justice delivered written submissions to the Department in January 2017 and to Parliament’s Portfolio Committee on Justice and Correctional Services (the Portfolio Committee) in February 2019, as well as oral submissions to the Portfolio Committee in May 2022.

What is the status of the Hate Speech Bill and what happens next?

The Bill is being considered by the Portfolio Committee. On 4 November, the Department briefed the Portfolio Committee with a view to the commencement of deliberations on the content of the Bill. Members of Parliament (MPs) must now discuss the clauses of the Bill in order to decide whether to adopt, reject or amend each (or the Bill as a whole). Deliberations are expected to take place over the course of several meetings.

What can I do about the Hate Speech Bill?

Have your say by contacting the members of the Portfolio Committee and/or supporting Cause for Justice in protecting your fundamental rights and freedoms.

What is the PEPUDA Bill about and why should I be concerned?

The PEPUDA Bill ostensibly seeks to prevent unfair discrimination and promote equality (both laudable objectives), but unfortunately contains several problematic proposals and aspects, including:

• Expanding the definitions of ‘equality’ and ‘discrimination’ beyond Constitutional (and logical) limits; and 
• Generally failing to distinguish between ‘mere’ and ‘unfair’ discrimination (while the Constitution only prohibits ‘unfair discrimination’).

Cause for Justice has serious reservations about the potentially far reaching detrimental impact and questionable constitutionality of the current version of the Bill, which (ironically) is likely to have an adverse effect on the promotion of equality and prevention of unfair discrimination in South Africa due to its limitation (whether intentional or not) of a certain number of fundamental rights – most notably are freedom of religion, freedom of expression and freedom of association.

Read more about the PEPUDA Bill here:

• The fundamental rights to freedom of religion, expression and association
• Protecting South Africans’ constitutional rights and freedoms
• Proposed amendments to ‘Equality Act’ absurdly may increase inequality and unfair discrimination

What has Cause for Justice done to protect my fundamental rights and freedoms?

Cause for Justice delivered written submissions to the Department in June 2021 and October 2022, and participated in consultative stakeholder workshops hosted by the Department in October 2022.

What is the status of the Bill and what happens next?

The Department will now consider the comments received during and pursuant to the October 2022 workshops in order to produce a final draft Bill for submission for Cabinet approval (and eventual introduction in Parliament).

What can I do about the PEPUDA Bill?

Keep updated about developments by signing up to the CFJ newsletter and/or supporting Cause for Justice in protecting your fundamental rights and freedoms.

ANTI-TERRORISM BILL

The Minister of Police introduced the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill [B15-2022] in Parliament on 19 July 2022.

What is the Bill about?

The Bill seeks to update and bolster South Africa’s anti-terrorism laws, including preventing and combating the financing of terrorist activities.

Why should I be concerned?

Cause for Justice is concerned that the proposed amendments will have a chilling effect on the fundamental right to freedom of expression that is wholly disproportional to the actual threat of domestic terrorism.

The vague and overbroad definition of “terrorist activity” is particularly concerning and problematic, since it creates legal uncertainty, is susceptible to abuse and is likely to invite litigation (constitutional challenge). Also, merely encouraging an act of terrorism is equated with actually committing an act of terrorism – and criminalised. Combined with the flexible and constitutionally indefensible definition of “terrorist activity”, this could lead to absurd consequences – including criminalising and severely punishing conduct that would not otherwise (or logically) constitute terrorism.

What has Cause for Justice done to protect my fundamental rights and freedoms?

Cause for Justice has delivered written submissions to the Portfolio Committee on Police (the Committee) in October 2022.

What is the status of the Bill and what happens next?

The Bill is being considered by the Committee. On 2 November, the Committee commenced deliberating the clauses of the Bill. 

What can I do about the Anti-Terrorism Bill?

Have your say by contacting the members of the Committee and/or supporting Cause for Justice in protecting your fundamental rights and freedoms.

COMMITTED TO ADVANCING CONSTITUTIONAL JUSTICE IN SOUTH AFRICA

Where fundamental rights come into conflict with another, a careful balance must be struck within constitutional parameters to ensure the maximum realisation and enjoyment of all rights.

Cause for Justice is committed to defending and advancing rights, values and interests protected and/or promoted in the Bill of Rights as well as related matters affecting the public interest in the context of the foundational constitutional values of human dignity, equality, and the advancement of fundamental human rights and freedoms.

It will continue to diligently pursue its primary objective: advancing constitutional justice in South Africa, primarily through participation in the legislative process and governmental decision-making structures, litigation and through creating public awareness on matters of public importance.

Help Cause for Justice to continue doing its important work – protecting your fundamental rights and freedoms – by supporting us today with a financial contribution of any amount.

ANTI-MONEY LAUNDERING LAW HOLDS POTENTIALLY DEVASTATING SOCIO-ECONOMIC CONSEQUENCES

The nonprofit (NPO) sector serves millions of South Africans through good public benefit work. Now, legislative proposals threaten to deal a hard blow to the already over-extended and under-resourced sector.

General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill

The Minister of Finance introduced the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill in Parliament on 29 August 2022. The Bill seeks to update and bolster South African anti-terrorism law in order to prevent the Republic from being grey-listed by the Financial Action Task Force (FATF).

Cause for Justice (CFJ) commends constructive efforts to address serious social ills and criminal activities proactively and effectively. It agrees that preventing money laundering and the financing of terrorist activities in and through South Africa, is a necessary and legitimate government purpose. 

Beware Unintended and Unforeseen Detrimental Consequences

However, the human rights organisation is concerned that the current version of the Bill is likely to have a detrimental impact on the NPO sector – and the millions of South Africans it benefits – which risks doing more harm than good. 

The Bill is set to impose compulsory registration and additional compliance burdens on vast numbers of NPOs, against the threat of fines and imprisonment. Since registration is currently completely voluntary, this is a drastic departure from the status quo. It will put extra pressure on already scare administrative capacity and valuable financial resources, and likely threatening the very continued existence of many NPOs. 

CFJ cautions that paradoxically, this will endanger the well-being of the Republic and its people and for this reason, does not support the compulsory registration of NPOs (and the concomitant additional costly compliance burdens).

Earnest Parliamentary Engagement 

Cause for Justice has been actively engaging Parliament, joining others NPOs in calling for an adequate public participation opportunity. The human rights organisation delivered preliminary and substantive written submissions on the Bill, raising critical questions and highlighting concerns. It also participated in three rounds of oral representations before Parliament’s Standing Committee on Finance. [1]

Critical Questions and Concerns

The proposed amendments will have a direct impact on the fundamental rights of NPOs (and their governors and office bearers). Cause for Justice questions whether imposing compulsory registration and additional compliance obligations to address money laundering in the NPO sector, is constitutionally justifiable. The human rights organisation points out that the only constitutionally defensible approach is employing the least restrictive means to achieve the purpose of the Bill effectively – otherwise the limitation of fundamental freedoms will not pass constitutional muster.

Likelihood of Legislative Amendments Achieving Purpose

Question: What level of assurance is there that making registration compulsory (even for a subset of NPOs) will in fact translate to preventing money laundering enterprises in the NPO sector?

It is necessary to ensure that the proposed amendments will in fact be effective at addressing money laundering and terrorism financing in practice. Otherwise, the amendments will serve no legitimate purpose and place an unconstitutional burden on NPOs.

• Read more from [16] of CFJ substantive written submissions.

An important and central aspect of a successful NPO registration and regulation system, is the support and oversight provided by the NPO Directorate, which is situated in the National Department of Social Development (DSD). CFJ has serious reservations about the Directorate’s ability to cope with the increased workload that will necessarily follow compulsory registration. Many in the NPO sector already lament the Directorate’s inability to function effectively under the current system of voluntary registration.

Least Restrictive Means to Achieve Legislative Purpose

Question: Are those measures in the NPO Act, which will become compulsory, the least restrictive means to achieve the purpose of preventing money laundering and combatting terrorism financing in the NPO sector?

Even if the proposed amendments are good solutions, in order to be constitutionally defensible, they must infringe (limit) the existing rights and freedoms of NPOs (and their governors and office-bearers) as little as is practically possible.

• Read more from [36] of CFJ substantive written submissions.

Some Concerns Headed and Slight Improvements Made

The National Treasury and Financial Intelligence Centre (who drafted the Bill) has heeded some of the NPOs sector’s concerns and now proposes that only a limited subset of “at-risk” NPOs will be compelled to register. 

NPOs still facing mandatory registration and criminal consequences for non-compliance, are those that:

• Make donations to individuals or organisations domiciled in a foreign country, including when such individuals are physically in South Africa; and/or
• Provide humanitarian, charitable, religious, educational or cultural services outside of South Africa’s borders.

While welcoming the abandonment of “blanket compulsory registration”, Cause for Justice is concerned that the criteria used to determine which NPOs are “at-risk” is still too broad – as, practically, it will include all religious associations.

Religious organisations do tremendous good public benefit work, impacting millions both locally and abroad, and often for the benefit of society’s socio-economically vulnerable and marginalised. In this way, these organisations take a lot of pressure off the state (and particularly DSD) by providing welfare/quasi-welfare services. If the proposed amendments will force these organisations to cease operations, much harm will be suffered by South African society (and even communities abroad).

The Road Ahead

The Standing Committee is set to deliberate the substance of the Bill on 10 November 2022. Its members must now decide how to balance the fundamental rights and freedoms of NPOs (and their essential and beneficial contribution to society) with the importance of avoiding grey-listing, in a constitutionally justifiable way.

Cause for Justice will continue to follow the progress of the Bill, and engage law-makers in order to the NPO sector and its beneficiaries are protected from unforeseen and unintended detrimental consequences.

This Law Will Affect You – What Can You Do About It?

If the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill will not affect you directly, it will do so indirectly. Parliament serves all the people of South Africa – that includes you! Have your say by contacting the members of the Standing Committee on Finance or supporting Cause for Justice in protecting your fundamental rights and freedoms.

Notes:

• On 11 October 2022 ([01:18:29] to [01:29:05]), 18 October 2022 ([02:44:58] to [02:46:56]) and 28 October 2022 ([01:22:16] to [01:23:50])

CESE AFRICA SUMMIT – REVIEW ARTICLE

by Stefanie Kotze

The first-ever Coalition to End Sexual Exploitation (CESE) Africa Summit took place in Pretoria from 20 to 22 September 2022. The three-day programme was filled with invigorating, terrifying, sobering, and hopeful presentations on the why, what and how we can bring to an end the scourge of sexual abuse and exploitation on the African continent.

The CESE Global Summit has been held annually since 2014 (the 2022 Global Summit will be held in November), and has become a significant rallying point for the global anti-exploitation movement. The African continent, however, is unique in terms of its peoples and cultures, and the challenges and solutions to the problem of sexual exploitation. In 2021, CESE Africa was established out of the CESE Global Summit. CESE Africa exists to defend the dignity of people against the harms of pornography and its links to all forms of sexual abuse and exploitation on the African continent.

People from all over Africa came together at Unisa’s Muckleneuk campus in central Pretoria from 20 to 22 September. Each participant, speaker and organiser walked away with a fresh sense of being part of a movement much bigger than themselves, their organisations or institutions. There was an almost tangible air of hope, mutual support and encouragement pervading the Summit. Even though all who came to the conference had some degree of knowledge of the reality of sexual abuse and exploitation on the continent, and were presented with undeniable evidence of the gravity of this reality, knowing that we are not alone in this great pursuit – to eradicate sexual exploitation on the African continent in our lifetime – has been fuel to the fire for a movement unwilling to leave the disastrous status quo unchallenged.

The Summit drew together over 30 (thirty) local and international speakers, and delegates attended both in person and virtually. Topics ranged from online sexual exploitation and pornography, to prostitution, sex trafficking, child sexual exploitation, the protection and empowerment of vulnerable groups, and comprehensive sexuality education (CSE).

At the heart of the Summit was the realisation that, “Our children are our greatest treasure. They are our future. Those who abuse them tear at the fabric of our society and weaken our nation.” (A well-known quote by late President Nelson Mandela.)

The first day left no room for anyone to doubt that sexual exploitation is tearing at every part of our society and we need to act to make equal concern and respect for others and valuing the inherent worth of human beings a reality. Mr Jaco Booyens, Founder and CEO of After Eden Pictures, gave a presentation where one could hear a pin drop, calling delegates to a higher standard, that will no longer allow us to stand by as children and women get exploited, and where governments are held to account for the horrendous violations taking place on the African continent. New and up-to-date data and research are vitally important in this quest for justice and exposing the facts of what is happening. The stark reality, however, is that if knowledge and evidence do not lead to the specific action of safeguarding children and women, it means nothing.

Throughout the three days, the narrative was reinforced that we all have a duty to keep standing in the fight against sexual exploitation – for the sake of especially vulnerable and marginalised victims of the prostitution, sex trafficking and pornography industry, including children who are least able to speak up for themselves. This message was brought home on the second day with the Overkruin High School choir performance and engaging in honest conversation on how they believe children can be better protected from online sexual abuse and exploitation.

The Centre Against Sexual Exploitation, South Africa (CASE-SA), had three contributors involved in the discussion on prostitution and prostitution law reform. CASE-SA programme director, Ryan Smit, was responsible for putting together the Prostitution parallel session on 20 September. CASE-SA attorney, Liesl Pretorius, gave a presentation on the links between prostitution, pornography and sex trafficking, pointing out that these are not siloed exploitative industries, but are interconnected and mutually reinforcing causes and effects fuelling and driving one another. CASE-SA legal administrator, Stefanie Kotze, presented on the human rights and public policy rationale for reforming prostitution laws, and looked at legitimate solutions flow from such analysis to eradicate the exploitative system of prostitution.

CASE-SA also exhibited and offered for sale their two read-aloud parenting books, Good Pictures Bad Pictures (for children ages 7 – 13) and Good Pictures Bad Pictures Junior (for children ages 3 – 6) by best-selling author and speaker, Kristen Jenson. The books empower parents to start and develop one of the most crucial family conversations in our current ‘porn-drenched’ society, telling the story of a mom and dad explaining to their children what pornography is (how to recognise it), why it is harmful (understanding the dangers) and how to respond when confronted by it (empowering children with a plan to stay safe). The books are also available for purchase online in South Africa at www.goodpictures.co.za.

“You may choose to look the other way, but you can never say again that you did not know.”

These are the famous words that the English anti-slavery advocate William Wilberforce, uttered when showing his society the horrors of slavery in the 18th century. No-one who attended the CESE Africa Summit from 20 to 22 September in Pretoria can say they do not know about the horrendous sexual exploitation taking place in our nations and on our continent in the forms of online sexual exploitation, child sexual abuse material and pornography, prostitution and sex trafficking. The implications of Wilberforce’s words are clear: If we do nothing, we are complicit in the exploitation of the vulnerable and marginalised. This is why we need to take the research data and evidence to our state officials and keep them accountable to fulfil their mandate of protecting citizens from harm. When we lock arms and stand together throughout the African continent, change will happen. We will see a transformed society based on respect for the dignity of all people.

Looking back over the Summit, there are three key take-aways that stand out. Firstly, the Summit gave up-to-date, accurate data and research about the realities of sexual exploitation being perpetrated on the African continent. No country is exempt from one of the most disgraceful of human failures. Even though this might have been a shock to some, the only way forward is to face reality and work from there. Secondly, it called everyone to a higher standard to act on the data and research at our disposal. Data and research, even though very necessary, mean nothing if we do not use it to make better laws and policies to protect and bring justice to the most vulnerable in society. Thirdly, it catalysed and strengthened a community of like-minded people to broaden and deepen their mutual support and encouragement of each other. Every person left the Summit knowing that they are not alone on the African continent in standing for human dignity and against sexual exploitation.

The shared hope that we have and aspire to make a reality is that – Together we can #EndSexploitation in Africa in our lifetime!