The SIU findings regarding the immigration processes for Nigerian pastor Timothy Omotoso and Malawian prophet Shepherd Bushiri have sparked a fierce debate about regulation of religion.
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A Special Investigating Unit (SIU) report into corruption at the Department of Home Affairs which included probes into Prophet Bushiri and Pastor Omotoso's immigration dealings has sparked a row between the CRL Rights Commission and Freedom of Religion South Africa (FOR SA) over the regulation of religion.
The SIU report, released on February 23, exposed systemic failures within the Department of Home Affairs, describing an environment where immigration permits and visas were allegedly sold for cash, officials abused their authority, and internal verification systems were systematically bypassed.
In the case of Prophet Shepherd Bushiri, who is a Malawian national, his permanent Residence Permit was approved by an adjudicator who was a member of his church, ECG Ministries with fraudulent supporting documents. Investigators further found that “religious donations were converted into bricks, mortar, and corporate shares,” highlighting how faith-based contributions were laundered into personal wealth.
With regard to Nigerian Pastor Timothy Omotoso, the SIU said he used a fraudulently obtained work permit to enter the country and was later granted a ministerial waiver by an official without the necessary delegated authority.
In response to the findings, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) reiterated its long-standing position that the religious sector requires a "self-regulatory council" to ensure ethical conduct and accountability.
The Commission argued that the problems identified by the SIU, specifically regarding the entry of foreign nationals into the country who falsely claimed to bring scarce skills into the country, could have been mitigated if a "Christian council" had been in place to provide guidance and advice to the Department.
The Commission said that, similar to established professional bodies like the Health Professions Council of South Africa (HPCSA) for doctors or the Legal Practice Council (LPC) for lawyers, the religious sector requires a mechanism involving the registration of pastors and adherence to a code of conduct.
But Michael Swain, Executive Director of FOR SA, stated that the SIU report exposes corruption within state administration, not a "structural failure of religion."
He said the organisation's view was that the solution to the issues identified in the SIU report is to fix Home Affairs rather than place faith under state control.
FOR SA argued that religion cannot be equated to professions like medicine or law because it is not defined by a uniform body of technical knowledge. They contend that state-sanctioned certification would reduce religious freedom to a "conditional privilege."
The organisation emphasised that faith communities are already subject to existing laws, including tax, labour, and child-protection legislation, as well as their own internal denominational structures like synods and elders' boards.
FOR SA asserts that the focus should be on the timely enforcement of existing criminal laws regarding fraud and misconduct, rather than creating new regulatory bodies.
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