Chairperson of the CRL Rights Commission, Thoko Mkhwanazi-Xaluva has unveiled members of the Section 22 Committee.
Image: Itumeleng English/Independent Newspapers
The ongoing tensions within South Africa's religious sector came to a head on Wednesday when Thoko Mkhwanazi-Xaluva, the Chairperson of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission), unveiled the members of the new Section 22 Committee.
Dr. John Maloma was named as the chair of the committee, joined by Lizwi Ncwane as his deputy, while other members representing various religious and cultural institutions across the country were also introduced.
Mkhwanazi-Xaluva's announcement during a press briefing at the Parktonian Hotel comes amid accusations of unethical conduct from the South African Church Defenders (SACD),who claim that the newly established Section 22 Committee was created to “unlawfully regulate” church affairs.
Mkhwanazi-Xaluva asserted her commitment to her role, declaring, "I am not going anywhere. I will not resign. Some of the people have asked me if I have considered resigning. The answer is a resounding no. I have no intention of resigning or slowing down, or of being apologetic. I will stay the course, and I refuse to submit to these calls."
Just over a week ago, protests erupted in the Durban CBD as members of the SACD and other religious leaders rallied against the commission, drawing attention to their grievances regarding the lack of proper consultation on the committee's selection process. In the face of this resistance, Mkhwanazi-Xaluva defended the CRL Rights Commission, asserting that they had consulted widely, including with representatives from the SA Council of Churches and other prominent groups.
"We have had discussions with everyone, including the SA Council of Churches, the Zion Christian Churches, and the Nazereth Baptist Church. Many people believe that we did not consult the charismatic churches, but when we began our work, we consulted them, and they have been part of our processes. We went for mass-based church organisations as we were looking for numbers," she stated.
Mkhwanazi-Xaluva said that despite criticism, the work and the processes of the Section 22 Committee are open to everyone, including those who have taken them to court.
Addressing the work to be done by the Section 22 Committee, Maloma revealed that the Committee will be embarking on a nationwide consultative process from as early as June, 2026.
This includes the committee's first consultative engagement with the church and cultural and community groups in KZN, followed by a visit to the Eastern Cape in July, with the Committee embarking on its final stop in the Northern Cape in April 2027.
"Following the provincial consultations, we will convene a national summit in Johannesburg to synthesise all inputs, to refine the framework, and finalise the document to the CRL Rights Commission and Parliament," he stated.
Reflecting on the numerous legal challenges from the SACD and other factions, Mkhwanazi-Xaluva said the work of the CRL Rights Commission will continue to expose perpetrators of GBVF.
"We can't dilly dally about victims within the religious and cultural sphere, and there have been several marches and protests against the work that we do... We are within the law, and the fact that people are marching does not mean that we should stop," she said.
The SACD has refuted claims by the CRL Rights Commission that it protects errant pastors and cultural practitioners implicated in criminal activities, including GBVF and other acts of violence against their congregants and clients.
Rector Ngobeni, speaking on behalf of the SACD, stated: "The SACD does not protect perpetrators of any crime, whether within a church or elsewhere. Our position has always been that anyone who commits a crime must face the full might of the law, as there are existing legal structures, including SAPS, the NPA, the courts, and the Human Rights Commission, who are able to provide adequate mechanisms to bring perpetrators to justice. SACD supports proper enforcement of these laws to ensure victims receive justice."
Ngobeni further denied that some of its members have sought to paint Mkhwanazi-Xaluva in a negative light, after she accused SACD of manipulating video images on social media to portray her in a negative light.
"SACD strongly rejects the CRL's claims that we mislead the public, spread hatred, or act unchristianly. These allegations are false. Everything we post on our social media platforms comes from verifiable sources and original information. Our aim is always to inform and protect the public, raise awareness about issues affecting churches and Christians, and support justice for victims. We do not post false information, crop videos to mislead, or try to put anyone in danger," Ngobeni added.
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