Religious policies and observances must be free, voluntary and equitable
Despite our Constitution reflecting a bias in favour of religion in general, Judge van der Linde’s landmark judgement is welcomed by all, writes George Devenish
In general, the South African Constitution, as is clear from its preamble, where reference to deity occurs, reflects a bias in favour of religion in general, as opposed to atheism and agnosticism. This bias in favour of religion is a departure from the pure principle of equality between believers and non-believers as set out in Section 9. In particular, Section 15 of the Constitution states that everyone has the right to freedom of conscience, religion, belief and opinion. It states further that religious observances may be conducted at state and state-aided institutions provided that: • Those observances follow rules made by appropriate authorities • They are conducted on an equitable basis • Attendance at them is free and voluntary. This provision obviously reflects a bias in favour of religion in general, unlike the position in the US where religious exercises, such as prayers, are not permitted in the schools. In the US, the idea of neutrality does not even permit one minute of ...
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