By AGISANANG SCUFF
5 August 2026 – The Portfolio Committee on Cooperative Governance and Traditional Affairs today directed the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission) and its Section 22 committee to submit, within one week, a concrete proposal explaining how concerns about inclusivity and reform of the committee will be addressed. The meeting follows earlier engagements with the CRL Commission and the religious sector to discuss concerns raised about the way the Commission is dealing with its mandate, particularly the process followed to establish a Section 22 Committee.
The Chairperson of the Portfolio Committee, Dr Zweli Mkhize said Section 22 Committee was established to explore self-regulation following concerns about reported cases of abuse of congregants in the religious sector. Mkhize said several religious groups, however, have raised concerns about the constitutionality and inclusivity of this process, as well as perceived overreach into religious affairs.
“The committee will consider the Commission’s response at its next meeting before determining how the matter should proceed. During the meeting on Tuesday, the committee engaged the CRL Commission on its draft report with observations and several recommendations.
“Among the recommendations is that the process of developing a code of ethical conduct for the religious sector should continue. However, the committee stressed that the religious sector must lead this process and not the Commission,” he said.
Mkhize further said the Commission should not lead this process or participate directly in the substantive discussions around its content. He added that this separation should help address the concerns and grievances that have arisen, including those relating to public statements.
“We must make it clear publicly that the processes are to be separated in this manner. The committee’s approach is intended to protect religious freedom while promoting accountability and preventing human-rights violations in religious settings.
“The issue of inclusivity has to be addressed. And the issue of reforming the committee has to be addressed. Addressing these matters will go a long way towards reducing public discomfort concerning the Section 22 committee,” said Mkhize.
He said they have also noted that the meeting was intended to ensure that the approach adopted by the committee helps to resolve the misunderstanding between the Commission and members of the religious sector. Mkhize said the committee’s recommendations provide for a forum, in terms of section 181(3) of the Constitution to assist and protect the CRL Commission in fulfilling its constitutional functions.
“The forum must consider, among other things, developing the code of ethical conduct for and by the religious sector.
“The committee also noted that the relevant role-players were not against such a code but that the Section 22 committee will have to be reviewed and reformed and the process should be inclusive given the diverse nature of the sector,” he said.
Mkhize noted the uMkhonto weSizwe Party’s enquiry, if the parties in court can be approached for the matters to be resolved amicably out of court. He said an application is before the courts to declare the Section 22 process unlawful.
“Settling this matter outside of court would be ideal. The mediation process embarked upon by the committee seeks to ensure an inclusive process that will satisfy even parties that approached the court that an amicable solution is possible through cooperation and dialogue.
“The Democratic Alliance did not support the recommendations in the committee’s draft report and called for the Section 22 process to be paused pending ongoing court cases, among other things,” said Mkhize.
He said the party further proposed that an independent body investigate the Commission’s Chairperson. Mkhize said the African Christian Democratic Party, in turn, reserved its position pending consideration of its proposed amendments to the draft recommendations.
“The committee noted the parties’ positions and we will be considered together with the Commission’s implementation proposal before concluding the matter. A separate meeting will also be held with the religious sector,” he said.
The Guardian 