South African Pagan Rights Alliance

Note: The following marks ** above indicate documentation which does not originate from, nor belong to Sapra. This documentation is used here with permission. Copyright remains with the original authors. *** South African Legislation

SAPRA Review

16 September 2007

The democratically elected Executive Committee of the Alliance has received the following mandate from its members:
i. Appeal for legislative reform of the 1957 Witchcraft Suppression Act.
ii. Pursue the reclamation of the terms 'Witch' and ‘Witchcraft’.
iii. Support the initiatives of the South African Pagan Council.

The Alliance determines that the right to define the words ‘Witch’ and ‘Witchcraft’ rests with Witches themselves and no one else. The Alliance will not, in seeking to protect the democratic rights and freedoms of South African Witches, seek to support the criminalisation of any other person or minority group, irrespective of race or ethnicity, on the basis of belief or religion. The Alliance will continue to ensure that no legislation will ever be drafted which will in any way prohibit or criminalize South African citizens on the grounds of belief or religion, or as the result of automatic inference of criminality.

In executing its mandate, the Executive of the Alliance has taken the following actions:

The Executive has submitted a formal appeal to the Minister of Justice and Constitutional Development to (a) review the 1957 Witchcraft Suppression Act, and (b) ensure that the Mpumalanga Legislature does not draft any legislation which will in any way prohibit or criminalize South African citizens on the grounds of belief or religion, or as the result of automatic inference of criminality. This appeal was submitted to Minister B.S. Mabandla on 10 July 2007. The Minister has refered SAPRA’s appeal to prevent the Mpumalanga Legislature from drafting any legislation which will in any way prohibit or criminalize South African citizens on the grounds of belief or religion, irrespective of race or ethnicity, or as the result of automatic inference of criminality, to the Minister of Provincial and Local Government. The Minister has refered SAPRA’s appeal for legislative review of the 1957 Witchcraft Suppression Act to the Parliamentary Legislative review committee for further investigation.

The Executive has submitted an appeal to the South African Law Reform Commission to initiate urgent legislative reform to the Witchcraft Suppression Act (Act 3 of 1957 as amended by Act 50 of 1970) in order to prevent any further or future unfair discrimination and prejudice against citizens of a free and democratic country founded on the recognition of human dignity, equality for all - irrespective of religion or belief, and the advancement of human rights and freedoms for all South African citizens equally. This appeal was submitted to Mr W. Henegan: Secretariat of the South African Law Reform Commission on 10 July 2007. The South African Law Reform Commission has acknowledged that it is currently reviewing the Alliance’s appeal to initiate legislative reform of the 1957 Witchcraft Suppression Act.

The Executive has submitted objections against the proposed Mpumalanga Witchcraft Suppression Bill drafted by the Mpumalanga Legislature, to the MEC C. Mashego-Dlamini of the Mpumalanga Provincial Government, and has appealed to the MEC to consider the ramifications of permitting acceptance of the Mpumalanga Witchcraft Suppression Bill on residents of Mpumalanga Province who do define themselves as Witches and who do define their religion as Witchcraft. These citizens of the Republic of South Africa will be denied their constitutional rights to religious freedom, expression, equality, liberty, dignity, security and their right to choose and practice their occupation within the Province of Mpumalanga. These objections were delivered to the Provincial Executive Committee of the Department of Local Government and Housing (acting on behalf of the MEC) in person on behalf of the Alliance by Mr. Luke Martin (a member of SAPRA and Convenor of the South African pagan Council) on 10 August 2007.

The Executive has submitted substantial objections against the proposed Mpumalanga Witchcraft Suppression Bill to the Mpumalanga Legislature. Three separate submissions in objection to the Suppression Bill were submitted on 5, 7 and 9 July 2007. It should be noted that the Alliance registered as an Interested and Affected party with the Office of the Premier – Mpumalanga Provincial Government, on *25 June 2007*.

NOTE:

The Mpumalanga Provincial Government and Legislature have stated that they will not proceed with legislation against Witchcraft.

Witchcraft is already a recognised belief system and religion in South Africa and as such, Witches are already accorded all rights, protections and privileges enshrined in the Bill of Rights of the Constitution of South Africa [Act 108 of 1996] by virtue of South African citizenship. Section 9 (3) [Act 108] reads: (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

The Mpumalanga Provincial Government and Legislature have absolutely no intention of pursuing the draft Witchcraft Suppression Bill.

The Mpumalanga Premier's Office has stated that the Mpumalanga Provincial Government have a mandate to draft legislation to:
(i.) prevent ritual killings, and
(ii.) prevent accusations of witchcraft which lead to violence.

The Executive submitted a request to the Commission on Gender Equality for a formal ‘Commission of Enquiry’ into the ongoing persecution of innocent persons falsely accused of being witches and of practicing witchcraft in South Africa. The letter of appeal is dated 12 February 2007. The Executive submitted the same request for a formal ‘Commission of Enquiry’ to the South African Human Rights Commission. The letter of appeal is dated 19 February 2007. The Executive submitted the same request for a formal ‘Commission of Enquiry’ to the Minister of Justice and Constitutional Development. The letter of appeal is also dated 19 February 2007.

For further information please contact the Alliance.

Official recognition of Pagan Religious Holiday as a Public Holiday ?

May 2007

In a discussion document entitled 'The RDP of the Soul' [1] recently published by the African National Congress (ANC), and which is to be debated by ANC branches ahead of the ANC's National Policy Conference in June, the ANC’s Commission for Religious Affairs (CRA) has urged that the multi- religious nature of South Africa be recognised and has proposed that Christmas and Easter, Eid ul Fitr, Diwali and Yom Kippur be celebrated as Public Holidays.

The document, a review and analysis of the Liberation struggle, seeks to encourage the reconstruction and development of the nation's spirit, and to "devise policies and set out comprehensive programmes for secular transformation by spiritual values… wherever people are learning to transform human community together."

It reaffirms that unity of the spirit "is the RDP of the soul", and calls on all religions to "agree on the great spiritual truths which drive humanity", and to "hold the same values in common whether it is love, joy, or peace; honesty, justice or integrity; generosity, responsibility or loyalty".

The ANC’s proposal is a tangible realization of the already constitutionally enshrined guarantee to equality of religion in South Africa, and it fulfills the aspiration of the ANC’s Freedom Charter [2], declared at the ‘Congress of the People’ in Kliptown, South Africa on 26 June 1955, “that only a democratic state, based on the will of all the people, can secure to all their birthright without distinction of colour, race, sex or belief”.

The Commission’s proposal to increase the number of religious Public Holidays has been welcomed by members of diverse religious groups. It is especially welcomed by Pagans lobbying for the transformation of the existing Public Holiday calendar in which the only two religious public holidays, Christmas and Easter, are Christian. [3]

The South African Pagan Rights Alliance is of the opinion that South African Pagans should also be afforded the same recognition with the addition of one Pagan religious holiday to the official Public Holiday calendar. SAPRA would argue, in light of the recent publication of 'The RDP of the Soul', that the ANC CRA's proposal to "recognise the multi-religious nature of our society and Constitution" can not be achieved by dismissing as irrelevent the request of smaller religious minorities for equal recognition.

We hold that the rights to freedom and equality of religion enshrined in the Bill of Rights are not apportioned on the basis of numerical adherence, but aught to be granted to all religious expressions equally, without favouritism or bias.

References:

[1] The RDP of the Soul
http://www.anc.org.za/ancdocs/policy/2007/discussion/rdp.html

[2] Freedom Charter
http://www.anc.org.za/ancdocs/history/charter.html

[3] Public Holidays Act, No. 36 of 1994
http://www.info.gov.za/acts/1994/a36-94.pdf

Stakeholder Public Hearing on the Civil Union Bill

13 October 2006

Chairperson and Members of the Portfolio Committee on Home Affairs

The members of the South African Pagan Rights Alliance would like to thank Mr. Chauke for extending an invitation to participate in this important public hearing. We welcome this opportunity to express our opinions on the Civil Union Bill.

The Alliance wishes firstly to express its support for the equal recognition of same- sex marriages.

We are of the opinion that the current draft Civil Union Bill and the establishment of Civil Partnerships as separate but equal to Marriage, does not faithfully fulfill the criteria of the Constitutional Court's ruling on the unconstitutionality of the Marriage Act.

Although section 13 of the Bill states "the legal consequences of a marriage shall apply to a civil partnership", it also states, "with exception of the Marriage Act", marriage includes a civil partnership.

The Bill defines a 'civil partnership' as "the union of two adult persons of the same sex", but fails to define 'marriage'. The definition of marriage in the Marriage Act does not include any reference to same-sex civil partnerships.

By omitting to clearly redefine marriage as a union between heterosexual or same- sex partners, the existing and implied definition of marriage as a union between heterosexual partners only, remains unchanged and therefore unconstitutional.

The Alliance opposes any amendment of the South African Constitution to define marriage as a union between heterosexual partners only. Such an amendment would necessarily contradict section 9 of the Bill of Rights which guarantees the right of equality for all citizens to the equal enjoyment of all rights, freedoms and benefit of the law.

It was with this right to equality and equal benefit for all in mind, that the South African Pagan Rights Alliance submitted a formal request to the Honorable Minister of Home Affairs to request an amendment of the Marriage Act. The Alliance requested the removal of a discriminatory clause which prevented the Honorable Minister from recognizing Pagan candidates as religious marriage officers.

The Alliance notes that section 5 of the Civil Union Bill now permits the Honorable Minister to designate ministers of any religion or persons holding a responsible position in any designated religious institution, to be a religious marriage officer. South African Pagans welcome this important amendment.

We trust that pending and future applications for religious marriage officer status, submitted by Pagans, will be approved and that Pagan religious institutions requesting recognition from the Department of Home Affairs will be formally designated by the Honorable Minister.

Given our concerns regarding the establishment of Civil Partnerships as separate but equal to Marriage and the drafting of the Civil Union Bill as a separate but equal instrument to the Marriage Act, the Alliance anticipates that this Bill will be challenged in the Constitutional Court. This will regrettably but understandably delay the formal recognition of Pagan marriage officers.

The Alliance wishes therefore to request that this Portfolio Committee carefully reviews both the existing draft Civil Union Bill and the Marriage Act in order to fully comply with the Constitutional Court's ruling to allow for the equal recognition of same sex marriages.

Maintained by SAPRA