PRESS RELEASES

Note: ** indicate documentation which does not originate from nor belong to Sapra. This documentation is used here with permission. ***S.A. Legislation.

THO calls Witches muti-murderers

- 08 February 2010

In a recently published article entitled 'Money muti harvesting increases', Phephisile Maseko, national coordinator of the Traditional Healers Organisation (THO), is alleged to have stated the following,

She (Maseko) said traditional healers who used body parts to make muti were not true healers, but "heartless witches". "How could a healer use body parts or remove somebody's body parts while the person is still alive? That means you are a witch, not a healer," she said.

'Money muti harvesting increases'
by Thabisile Khoza

The South African Pagan Rights Alliance wishes to draw attention to the following facts.

1. On 20 January 2010, South African Witches and Wiccans released a public statement in which we condemned human mutilations (muti murders) and the illegal trade in human body parts for medicine and magic. South African Witches have affirmed publicly that we do not participate in such criminal activities and we strongly condemn both human mutilations and the illegal trade in human body parts.

2. Throughout the African continent men, women and children are brutally mutilated and murdered by criminals who harvest human body parts for sale to unscrupulous and unregistered traditional healers, sangomas, nyangas and witch-doctors, for use in alleged medicinal and magical cures.

3. Maseko's false and vexations allegations against Witches, whom she has characterised as "heartless", to the extent to which such allegations may harm the reputations of real Witches, may be regarded as defamatory. False accusations against Witches in general confirm, without any evidence, harmful prejudicial stereotypes that serve only to encourage further witch-hunts.

This Alliance will lodge a formal complaint with the Human Rights Commission, against repeated false accusations against Witches, made by the national coordinator of the Traditional Healers Organisation.

***

ANC act on witchcraft ?

- 05 February 2010

The South African Pagan Rights Alliance (SAPRA) would like to respond to statements made by ANC provincial spokesman Mlibo Qoboshiyana with regard to his apparent allegations that witch-hunts and trafficking in human organs are perpetrated "in the name of witchcraft".

ANC provincial spokesman Mlibo Qoboshiyana said the country needs a “dedicated police unit” to deal with cases perpetrated in the name of witchcraft, and wants satellite police stations staffed with “well-trained police personnel” who can help detect and prevent these “heinous acts”. “The ANC also warns those in our communities who engage in trafficking of human organs, a practice that has fuelled fear in society, especially in rural areas, to stop the practice or face the full wrath of the law,” said Qoboshiyana."

'ANC act on witchcraft crime thugs' by ÜGEN VOS
Published: 2/4/2010 20:36:52

SAPRA finds statements made by Qoboshiyana to be misleading. Witches do not engage in the trafficking of human organs, and we are certainly not responsible for witch-hunts against innocent citizens.

SAPRA calls on the ANC-led government and members of the SAPS to respond appropriately and humanely to incidences of witchcraft-related violence and accusations of witchcraft by making the eradication of violence against suspected witches a national priority.

We urge the SAPS to train local police to manage accusations of witchcraft which lead to violence in a way that affirms the dignity and humanity of those accused of practicing witchcraft, and to create victim support units to facilitate reintegration and conciliation of those wrongly accused of practicing witchcraft.

We call on the South African government to adopt comprehensive public education and awareness programmes aimed at eradicating the real causes of witchcraft accusations, that do not seek to suppress Witchcraft, a constitutionally protected religion.

***

Human mutilations (muti murder) and the trade in human body parts

- 20 January 2010

"People who do witchcraft are seen as very powerful people by the community. It is a very secretive activity. Even in the community, people are not always sure who did it and where." Joan van Niekerk, Childline

Muti killings is a way of life in rural areas
Candice Bailey
January 16 2010

South African Witches and Wiccans condemn human mutilations (muti murders) and the illegal trade in human body parts for medicine and magic.

Throughout the African continent men, women and children are brutally mutilated and murdered by criminals who harvest human body parts for sale to traditional healers, sangomas and nyangas for use in alleged medicinal and magical cures.

South African Witches affirm that we do not participate in such criminal activities and we strongly condemn both human mutilations and the illegal trade in human body parts.

This statement is supported by:

South African Pagan Rights Alliance
South African Pagan Council
Clan of Kheper Temple (Correllian Tradition)
Clan of Mafdet (Correllian Tradition)
Lunaguardia
Clan Ysgithyrwyn
The Grove
Pagan Freedom Day Movement
Penton Pagan Magazine
Pagan Federation International South Africa
Pretoria Pagan Social Group
Dream Weaver Pagan Community
Celestine Circle
Temple of the Midnight Sun
Temple of the Celestial Paths
and non-aligned individuals

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Trapido: "make it a criminal offence to be a witch" ?

- 13 January 2010

In 'Make witchcraft a criminal offence' [1] and 'Calls to make witchcraft a criminal offence as 81-year-old woman stabbed 50 times' [2], Michael Trapido writes

"So until such time as someone can put forward a better suggestion for protecting people accused of witchcraft — and not the current law which makes it an offence to call someone a witch — legislation to make it a criminal offence to be a witch seems to be the only answer. In tandem that anyone now possessed of this legal channel to accuse witches, who practices self-help, be given the stiffest possible sentences available to a court faced with that charge. Denying some form of religious freedom is very ugly but what happened to an 81-year-old woman and many others like her is far uglier."

Any attempt to suppress witches, historically the object of religious oppression, in order to end witch-hunts is not only illogical, it is devoid of all ethical legal sensibility. Suppressing Witches and Witchcraft in South Africa will not prevent further accusations of bewitchment against innocent citizens. On the contrary, it will encourage even more spurious accusations.

Trapido suggests that someone might be able to proffer a more suitable suggestion to ending witchcraft accusations? Perhaps he could be persuaded to review the findings of the 'National Conference on Witchcraft Violence'. [3] Political parties, safety and security institutions, civic organisations, churches and labour movements committed themselves to bringing an end to witchcraft-related violence with the adoption of the Thohoyandou Declaration on Ending Witchcraft Violence in 1998. [4]

In response to the findings of the Conference the Commission on Gender Equality launched an ‘Action Plan for the Eradication of Witchcraft Violence’ by committing itself to monitoring the progress of “legislative reform, victim support, the reintegration of victims into communities, and reconciliation and public education programmes” aimed at eradicating ‘witchcraft violence’. The CGE’s Action Plan included

a) strengthening the South African Police Service’s ability to respond appropriately to incidences of violence related to Witch-hunts and accusations of Witchcraft, b) making the eradication of violence against suspected Witches a national budget priority, c) special training for police in handling Witchcraft violence, d) the creation of special investigative units, e) the creation of victim support units to facilitate reintegration and conciliation, f) the adoption of a comprehensive public education and awareness campaign, and g) comprehensive legislative reform of the existing Witchcraft Suppression Act.

The right to cultural prejudice against Witchcraft is not enshrined in the constitution of South Africa. The right to life, liberty, equality, dignity and belief belongs to all South African citizens equally by virtue of birth. No South African citizen may commit murder, and no South African citizen may discriminate against Witches based on their own personal religious or cultural bias or prejudice.

The South African Pagan Rights Alliance offers its sincerest condolences to the family of the murdered victim of witchcraft-violence, Badabukile Ndlovu, and calls on all South Africans to support 30 days of advocacy against Witch-hunts in Africa from 29 March to 27 April 2010. Speak out against religious discrimination and Witchcraft-related Violence in Africa. [5]


References:

[1] Make witchcraft a criminal offence

[2] Calls to make witchcraft a criminal offence as 81-year-old woman stabbed 50 times

[3] Witchcraft Violence: We Have A Plan Issued by the Commission on Gender Equality Communications Unit on 29 March 1999.

[4] The Thohoyandou Declaration on Ending Witchcraft Violence

[5] 30 days of advocacy against Witch-hunts in Africa

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Facebook group stereotypes Pagans as drug addicts

- 26 December 2009

The South African Pagan Rights Alliance (SAPRA) [1] would like to express its support for any advocacy campaign against drug abuse. As an affiliate member of the South Africa Pagan Council (SAPC) [2] this Alliance and its members are obligated to uphold the SAPC Code of Principles, section 2.2.6. which reads,

Honour is a sacred virtue. Let our actions be upright, causing harm to none. We should at all costs, avoid deceit, exploitation of others, fraud, violence, theft, abusive behaviour, substance abuse and any form of action deemed illegal and detrimental to society. [3]

It should however be noted that the members of both public organizations, the Pagan Council and the Pagan Rights Alliance, define themselves as Pagans (including Witches, Wiccans, Druids, Shamans, Asatruans, Magicians), and that these bone fide and constitutionally protected spiritual paths are further defined as belonging to a generalized esoteric classification, namely 'the Occult'.

Whilst SAPRA supports this advocacy campaign (Netwerk teen Dwelms en Okkulte) [4] to the extent to which it seeks to offer assistance to those who abuse drugs, this Alliance does not approve of the assumption, made by the groups founder Jannie Engelbrecht, that Occultists in general are ipso facto either drug users or drug sellers. Engelbrecht has failed to provide an actual verifiable body of evidence to prove his prejudicial assumption concerning Occultists in general.

This Alliance does not approve of the use of prejudicial religious propaganda by Engelbrecht & co. to deliberately denigrate South African citizens on the basis of their religious affiliation. Doing so merely dilutes the effectiveness of the core message of this group, namely that drug addiction destroys lives and drug addicts need help (irrespective of their religious affiliation).

It would appear that the term 'Occult' is being used by Jannie Engelbrecht & co. to mean "worships Satan, sacrifices animals, or takes part in evil, bizarre, and pagan rituals". [5]

Actual practitioners of the Occult (meaning 'hidden' and derived from the Latin 'celare') use the term to refer to 'knowledge of the hidden' or 'esoteric knowledge' according to The Concise Oxford Dictionary. An understanding of the modern and ancient history of the development of religious ideas and initiatory philosophies of ancient pre-Christian (pagan) mystery religions, in both the west and east, will show that 'Occultism' is wholly preoccupied with the development of inner spirituality and spiritual evolution.

Members of this Alliance (and the Pagan Council) do not self-define as Satanists and do not sacrifice animals. We do however participate in Pagan religious ritual and ceremony, something we are constitutionally entitled to do. It should also be noted that whilst the members of the South African Pagan Rights Alliance and South African Pagan Council do not self-define as Satanists (and do not define Satanism as a Pagan religion), Satanism (also classified as an Occult belief system) is a bone fide religion and as such, is also protected under the Bill of Rights, sections 15 and 31.

SAPRA calls on Engelbrecht and other administrators and officers of the 'Netwerk teen Dwelms en Okkulte' to cease promoting false witness against Occultists in general, and to desist from using religiously inspired propaganda to promote prejudice against South African citizens who define their religious path as 'occult'.

References:

[1] South African Pagan Rights Alliance

[2] South African Pagan Council

The South African Pagan Council is a registered 'Public Benefit Organization' in terms of section 30 of the Income Tax Act, 1962 (Act 58 of 1962).

[3] Code of Principles of the South African Pagan Council

[4] Netwerk teen Dwelms en Okkulte - Definition of a Cult
by Jannie Engelbrecht

[5] Ibid.

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SAPRA opposes UN & IHEU call to eliminate Witchcraft

- 07 November 2009

In October 2009 the following statement on Witchcraft in Africa was presented by the International Humanist and Ethical Union to the United Nations Human Rights Council.

"Witchcraft is still widely practiced in many countries in Africa by witchdoctors who often use human body parts in their spells. Some witchdoctors employ gangs of young men to attack and kill victims, often young children, for their body parts, which are frequently removed while the victim is still alive. An estimated 300 people are killed each year in South Africa alone as a result of this practice." [0]

The call for the "fight against the twin evils of those practising witchcraft and those claiming to find and cure witches in Africa", encourages not only the suppression of those using the excuse of so-called "witchcraft" to commit criminal acts, it also has the unfortunate effect of encouraging African governments to suppress Witchcraft as identified by actual self-identified adherents of the Craft and Religion of Witchcraft.

Many South Africans already openly identify themselves as Witches. Witches are already a visible and recognizable religious minority in Southern Africa. We have our own religious council, represented on various interfaith bodies, and we have our own government appointed religious marriage officers.

A blanket and unqualified call for the suppression of "Witchcraft" in Africa is a call for the suppression of religious belief, something our own constitution protects under freedom of religion and association clauses in our Bill of Rights.

The right to believe in Witchcraft, as a bone-fide spiritual practice, that is in no way associated with or implicated in any criminal activities such as those cited here and elsewhere, is legally protected in only one country in Africa - South Africa.

In South Africa, self-identified Witches are legally entitled to practice our religion, identified as 'Witchcraft'. South African Witches are not criminals. No South African Witch has ever been implicated in or accused of engaging in illegal, criminal, or violent actions as identified by the IHEU.

Actual self-identified Witches in South Africa are being, and will continue to be perceived by African society in general, as complicit by accusation and prejudicial belief alone, in the perpetration of heinous crimes against humanity, simply because 'witchcraft' is most often used as a convenient scapegoat for illegal or criminal activity by people who do not actually self-identify as Witches themselves.

In South Africa, where human mutilations are infrequently committed and blamed on 'witches', the actual perpetrators of these crimes have never self-identified as Witches, and have never identified what they do as Witchcraft. In fact, those found guilty in South African courts of law, have identified themselves as traditional herbalists (Nyanga's), not as Witches! Traditional African magic as practiced by these Nyanga's is not called "Witchcraft". [1]

Statistics provided to the UN by the IHEU regarding human mutilations in South Africa (300 + a year) is incorrect. Between 1992 and 2001 the SAPS Occult-related crime unit investigated in excess of 300 cases of muti-related crimes. Muti murders are listed statistically as murder. No official statistics for the number of human mutilations in S.A. have been published in South Africa in the last five years and so there is no way the statement as given can be true.

SAPRA is concerned that the UN may be asked to accept incorrect statements as evidence.

South Africa has a higher incidence of violence perpetrated against alleged "witches" (innocent victims of accusation) than it does of "muti-murders" - human mutilation and the trade in human body parts.

The South African Pagan Rights Alliance urges extreme caution in condemning an existing religious minority in the name of 'human rights'. The International Humanist and Ethical Union is unwittingly perpetuating an even greater injustice - one that finds its roots in a far older religious campaign of suppression; one equally driven by the Christian churches of the time.

The continuing blanket use of 'witchcraft' accusation to cover criminal acts such as murder, human mutilation and the trade in human body parts, crimes committed by criminals attempting to justify their criminal and nefarious activities by appealing to "belief", must not be used to sanction further violence against actual practitioners of Witchcraft in our own country.

SAPRA calls on the International Humanist and Ethical Union and the United Nations Human Rights Council to cease calling for the suppression and elimination of Witchcraft in Africa.

Reference:

[0] IHEU calls for better education and policing to eliminate witchcraft and witch "cures" in Africa
Joint statement with the International Humanist and Ethical Union - UN HUMAN RIGHTS COUNCIL: 12th Session (14 Sept – 2 October 2009)

[1] SAPRA does not advocate or support the criminalisation of credible traditional healing practices or practitioners and supports the ethical use of traditional herbal medicines by qualified traditional practitioners.

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SAPRA opposes review of minority rights by NILC

- 14 September 2009

The South African Pagan Rights Alliance condemns the call by ANC MP and member of the National Interfaith Leadership Council (NILC), Nthabiseng Khunou, to review laws legalising same-sex marriages.

The Civil Union Act, which provides for legal marriage between same-sex partners, also affords Pagans an opportunity to appoint Pagan religious marriage officers.

Any attempt by the NILC to challenge the existence, or alter the provisions of the Civil Union Act, will be viewed as an attack by conservative Christians against the right of minorities, both same-sex partners and Pagans, to exercise their constitutionally guaranteed right to equality.

SAPRA welcomes the South African Pagan Council's nomination of a Pagan representative to join the NILC. We trust the presence of SAPC representative Charles van Bergen will prevent, or at least moderate, the NILC's conservative and potentially discriminatory position.

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SAPRA seeks legal remedy against press

- 8 September 2009

The South African Pagan Rights Alliance (SAPRA) intends to pursue legal action, on behalf of South African Witches, against both print and online newspapers who have and continue to publish inappropriate, distorted, exaggerated and misrepresented references to Witchcraft.

Biased reporting on Witchcraft inspires prejudice against Witches themselves because such reporting reinforces, whether deliberately or unintentionally, generally espoused misconceptions and untruths regarding Witchcraft. When the group identity is defamed, individuals who share in that identity i.e. Witches, suffer a loss of dignity.

The practice of publishing distorted, prejudicial and pejorative propaganda against Witchcraft not only contravenes the Press Code, with respect to avoiding discriminatory or denigratory references to people's religion, but also contravenes the Bill of Rights with respect to the right of religious communities to practice their religion, and the Promotion of Equality and Prevention of Unfair Discrimination Act with respect to publishing, propagating or advocating prejudice that could reasonably be construed as demonstrating a clear intention to be hurtful and to promote or propagate mistrust of Witches.

If you would like to support SAPRA's intended pursuance of legal remedy in this matter, please send your dated and signed letter of support to:

The Chairperson: South African Pagan Rights Alliance
E-mail: paganrightsalliance@ananzi.co.za
Fax: 044 850 1297

***

Jonker no Occult expert

- 3 September 2009

The recent case of Morne Harmse has received a great deal of media coverage, currently focusing on the decision of the South Gauteng High Court to allow alleged expert testimony from a self-proclaimed expert on Satanism and the occult, Kobus Jonker.

In light of broadcast and published statements by Mr. Jonker and his assertions regarding Morne Harmse, the South African Pagan Rights Alliance (SAPRA) would like to draw attention to the following.

SAPRA would like to state categorically that Mr. Jonker is no expert of the Occult and that his testimony and subsequent statements appear to have been constructed on nothing more than faulty associative speculation. The five-pointed star Jonker refers to as a "pentagon" is actually called a pentagram. Any credible occult expert would know this.

The manner in which Mr. Jonker deduced Harmse's alleged involvement in the occult was presumptive at best. There is no credible method of analyzing whether or not one is a Wiccan or Witch or Satanist based solely on the contents of one's household or wardrobe. Wiccans, a great deal of whom self-identify as Witches, may in fact utilize any various number of colored candles (including black and red), wall decorations, ornamentation and home décor styles.

Mr Jonker's testimony and the one-sided reporting of that testimony by the media, conveys a potentially devastating misconception to the general public regarding constitutionally protected religions; one which could divide families and friends by placing under suspicion anyone possessing the items, described by Mr. Jonker, in their households.

The South African Pagan Rights Alliance denounces Kobus Jonker's frivolous claims regarding the occult.

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Witchcraft Suppression Act to be reviewed

- 13 August 2009

In July 2008 the South African Law Reform Commission (SALRC) began a preliminary investigation in order to determine whether or not the Witchcraft Suppression Act 3 of 1957 undermines the constitutionally guaranteed freedoms and rights of self-identified Witches in South Africa. SOURCE

SALRC considered the inclusion of a “Review of the Witchcraft Suppression Act 3 of 1957 and the Mpumalanga Witchcraft Suppression Bill, 2007" on 1 August 2009 .

This Alliance has been informed that the Commission will recommend that the Minister of Justice and Constitutional Development approve the inclusion of this investigation in the Commission’s research programme.

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ANC MP wants Witches to stop calling themselves Witches?

- 10 August 2009

Mpumalanga ANC MP Adrian Williams has accused the South African Pagan Rights Alliance of being arrogant in pursuing the reclamation of the terms Witch and Witchcraft. - SOURCE

SAPRA rejects the allegation of arrogance and notes that reclamation of loaded terminology has long been a recognized method of educating the broader public and fighting for the rights of unrecognized minorities.

While Mr Williams self-identifies as Pagan, it should be noted that he has no mandate to speak on behalf of all the Witches or Witchcraft practitioners in South Africa, many of whom have already expressed a desire to reclaim the terminology.

SAPRA believes that the difficulty is one of translation and attitude, with an inappropriate substitution of the word 'Witch' for "bad practitioner of magic" by early settlers who perpetuated a prejudice against Witchcraft long seen in European society.

Contrary to Mr Williams, SAPRA believes that no person has the right to perpetrate acts of violence against another on the basis of their cultural or religious beliefs.

No person is guilty of practising Witchcraft (whether for harm or good) on the basis of an accusation. Accusations of bewitchment are rarely based on sound evidence or fact, but are often motivated through fear, superstition, jealousy, envy and spite.

Any and all cultural and religious beliefs that portray Witches as inherently evil and portray Witchcraft as a danger to society are based on historically constructed superstitions and deliberately constructed propaganda.

The only real Witches in Africa are those (whether white or black-skinned) who actually claim to be Witches. We Witches will NEVER relinquish our right to call ourselves Witches.

We fervently work towards an understanding and acceptance of all cultures, in which all South Africans will have the right to practice their own religions with tolerance and understanding, and we do not believe we will achieve that goal through fooling people with words.

The South African Pagan Rights Alliance advises Mr. Williams to refrain from dictating religious policy to South African citizens who are Witches and who seek to exercise their constitutional right to freedom of religion.

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SAPRA supports Amnesty International Day of Action

- 22 July 2009

The South African Pagan Rights Alliance calls on the government of Gambia to uphold and strengthen human rights in Gambia for all peoples equally.

We call on the government of not only Gambia, but every African nation, to put an end to Witch-hunts and to repeal anti-Witchcraft laws that lead to the persecution of men, women and children on false and spurious accusations.

We call upon the African Union to enforce a culture of respect for human rights on all member states as a precondition to any and all further negotiations on matters that might benefit countries with a proven record of repeated human rights abuses against its own citizens.

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Press Appeal Panel discriminates against Witchcraft

- 20 July 2009

On 19 May the Press Appeals Panel (Judge Zulman) dismissed any leave to appeal against the prejudicial ruling made by the Press Ombudsman against the South African Pagan Rights Alliance. This, after the Ombudsman himself gave SAPRA leave to appeal his decision on 14 May.

Neither Mr. Thloloe nor Judge Zulman have examined the merits of the complaints put before them. In dismissing any possible appeal against the prejudicial ruling of the Ombudsman, Zulman merely confirms Thloloe's prejudicial defamation against my person, as Director of the South African Pagan Rights Alliance.

In his ruling against this Alliance, Thloloe dismisses all merit for complaints lodged by accusing the Director of this Alliance of "trying to abuse the Ombudsman’s system to preach his religion".

This Alliance regards the Press Ombudsman's ruling and Zulman's denial of appeal of valid complaints lodged against several newspapers as nothing more than an indication of the Press Appeals Panel's inherent bias and prejudice against Witchcraft.

NOTE: This Alliance was not informed of Judge Zulman's ruling until 20 July 2009.

S.A. Press Ombudsman's dismissal prejudicial

- 24 May 2009

In his letter of dismissal of seven (7) complaints lodged by the South African Pagan Rights Alliance, the South African Press Ombudsman only partially examines the merits of one of these complaints (Kat dalk in heksedaad bedwelm dated 25 March 2009 and published by Die Burger) and completely dismisses any possible merit for complaints lodged between 1 August 2008 and 29 October 2008.

The Ombudsman, Mr. Thloloe bases his complete dismissal of all complaints on three prejudicial assumptions concerning my person, namely:

a) “The articles he submitted to this office, from titles across the country, are from the web and not from actual newspapers. We can fairly infer that Mr. Leff trawls the web looking for South African newspaper references to witches and uses his “hits” as bases for his complaints.” J. Thloloe

b) “The dictionary gives several meanings of the words witch and wizard. Some of these meanings would be pleasing to Mr Leff and others are less than flattering: a hag; woman claiming or popularly believed to possess magical powers and practises sorcery; a sorcerer or magician; woman considered to be spiteful or overbearing; and of course, the meaning that Mr Leff wants all publications to adopt – a polytheistic Neo-Pagan nature religion inspired by various pre-Christian western European beliefs, whose central deity is a mother goddess and which includes the use of herbal magic and benign witchcraft.” J. Thloloe

c) “What is obvious from this and other complaints is that Mr Leff is trying to abuse the Ombudsman’s system to preach his religion. Proselytising for any religion is outside the mandate of this office.” J. Thloloe

I wish to offer the following for consideration of an appeal of all complaints lodged on behalf of SAPRA on their merits and not, as Mr. Thloloe would prefer it, on his personal and biased inferences on the merits of my character and my motivation for lodging these complaints.

The South African Pagan Rights Alliance (SAPRA) is a non-profit voluntary association constituted to promote the guaranteed liberties and freedoms enshrined for all South African Pagans in the Bill of Rights and to assist South African Pagans, whose constitutionally guaranteed rights and freedoms have been infringed due to unfair discrimination, to obtain appropriate redress.

As the Director of SAPRA I am obligated by constitution and mandate to pursue redress against any and all perceived infringement of the rights not only of the formal members of the Alliance (most of whom identify as Witches and call their religion Witchcraft), but of any South African citizen who self-defines as either a Pagan or a Witch who might seek assistance to obtaining redress. Complaints lodged by SAPRA were brought to the attention of the Executive Committee of this Alliance by both members and non-members of SAPRA for redress.

Witchcraft in South Africa is a recognized Pagan religion. Most Pagans in South Africa self-define as Witches – as adherents of the religion of Witchcraft. Every South African citizen has the right to freedom of religion and belief, including the right to proselytize their religious beliefs should they choose to do so. This constitutional right includes not only the right of religious communities to define themselves and their own religion, but also to challenge anything they may perceive as harmful to themselves and their religious communities.

The Ombudsman’s ruling must therefore be construed as an unfair dismissal of the right of South African citizens, who define their religion as Witchcraft, to challenge institutionalized bias and prejudice against Witchcraft in the South African press.

SAPRA does not seek to convert Mr. Thloloe to Witchcraft, nor does it seek to “abuse the Ombudsman’s system” as is alleged by Thloloe. It seeks simply to address the publication of unfair, biased and prejudicial content by challenging the propagation of harmful stereotypical defamation against Witchcraft, whether in print or online media.

To this end SAPRA has appealed to the Press Appeals Panel to consider further motivations for the complaints submitted by this Alliance, and to find in favour of this Alliance wherever the South African Press Code has been deemed to have been contravened or infringed, but with especial respect to the avoidance of discriminatory or denigratory references to a recognized minority religion.

The Ombudsman makes a number of inferences regarding Witchcraft, which no doubt he regards as fair, but which in our considered opinion merely serve ultimately to prejudice this Alliance in challenging both existing and future use of the terms Witch and Witchcraft to describe criminals and criminal activities respectively.

Thloloe states with respect to SAPRA’s objection to the repeated prejudicial use of the term Witchcraft in nearly every complaint lodged by this Alliance,

“The dictionary gives several meanings of the words witch and wizard. Some of these meanings would be pleasing to Mr Leff and others are less than flattering: a hag; woman claiming or popularly believed to possess magical powers and practises sorcery; a sorcerer or magician; woman considered to be spiteful or overbearing; and of course, the meaning that Mr Leff wants all publications to adopt – a polytheistic Neo-Pagan nature religion inspired by various pre-Christian western European beliefs, whose central deity is a mother goddess and which includes the use of herbal magic and benign witchcraft.” J. Thloloe

and

“Mr Leff’s argument that this story was “prejudicial and can be interpreted as attempt to portray Witchcraft, and by natural extension self-defined Witches in this country…as drug users and animal abusers” is absurd. Stretching this logic to saying the article defames self-styled witches is even more absurd. There is no reference to self-styled witches. The reporter is using an ordinary meaning of the word witch and is quoting what witnesses told her they suspect.” J. Thloloe

Perhaps Mr. Thloloe might reconsider his denial of the right of our religious community to define our own religion and to object to the prejudicial stereotyping of Witches and Witchcraft in general? Whilst we acknowledge that the Oxford dictionary still defines ‘a Jew’ as ‘a cheat’, we cannot in good conscience reason that any Jew who seeks to challenge such a pejorative use of the term is simply “self-styled”, nor can we reason that such a person must show tolerance for “an ordinary meaning of the word”.

Appeal against the Ombudsman's prejudicial dismissal (dated 14 May) was lodged on 18 May 2009.

***

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Die Burger fabricates statement to implicate Witchcraft

- 25 March 2009

In an article entitled ‘Kat dalk in heksedaad bedwelm’ written by Marlene Neethling and published in Die Burger on 25 March 2009, Neethling alleges that Mr. Andries Venter - Chief Inspector of the SPCA, stated:

Volgens mnr. Andries Venter, hoofinspekteur van die DBV, word vermoed die kat het deur heksery die dwelms ingekry, “veral omdat hy swart is, maar dié moontlikheid word steeds ondersoek”.

Translated as: According to Mr. Andries Venter, Chief Inspector of the SPCA, it is suspected the cat’s intoxication was caused through Witchcraft, especially because he’s black, but the possibility is still being investigated.

Ms. Neethling reaffirms this false allegation of Witchcraft involvement at the opening of her article.

This Alliance has in its possession a written statement by Mr. Venter denying that he personally stated that Witchcraft was being considered as a possible cause of the cat’s intoxication on opiates and requesting that the statement be retracted.

Die Burger's Editor and Ombudsman have chosen to ignore Mr. Venter's right to be reported accurately and have dismissed this Alliance's demand for a published apology to South African Witches.

The following complaint has been lodged
with the Press Ombudsman by SAPRA.

Die Burger defames Witchcraft.

***

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ANC, COPE and Witchcraft

- 28 January 2009

The following complaint has been lodged with both COPE and the ANC.

With reference to the following:

Sexwale slams COPE for using 'witchcraft'

Cope complaint over Sexwale remark

Tokyo unapologetic about 'witchcraft' comment

The South African Pagan Rights Alliance would like to inform the Congress of the People COPE and the African National Congress ANC that Witchcraft is an internationally recognised religion. In South Africa self-defined Pagan Witches, who regard Witchcraft as their religion, constitute a small but visible religious minority.

This Alliance takes cognisance of the fact that accusations of Witchcraft almost always lead to violence against the accused. This Alliance must however also caution that using the term merely as an insult on a political platform constitutes religious prejudice and borders on hate speech against South African citizens, registered voters, who define their religion as Witchcraft.

This Alliance wishes to appeal to the Congress of the People and the African National Congress to defend and protect the right to freedom of religion, equality and dignity enshrined in chapter two of the Constitution of the republic of South Africa, and to refrain from making any derogatory or prejudicial remarks on a political platform against Witchcraft.

Read public comments to this complaint on News24.com
HERE

SAPRA response to News24.com public comments

- 28 January 2009

The original title of this complaint, forwarded to News24.com was 'ANC, COPE and Witchcraft', and was addressed to both the ANC and COPE, not just to COPE. Both the ANC and COPE have used Witchcraft to score political points, whilst actual citizens of this country who are Witches are expected to tolerate the prejudicial use of the word Witchcraft.

Despite the fact that Witches have historically been stereotyped as evil, South Africans do not have the right to continue to discriminate, ridicule and attack suspected, accused or self-defined Witches. Cultural and religious prejudice against Witchcraft can never and must never be justified in a democracy based on equality and dignity.

Many South Africans who feel that they have the right to use their culture or religion to motivate prejudice against Witches and against Witchcraft would prefer that Witches remain the untouchables. It's easy to dismiss the plight of untouchables when you've reduced them to non-persons.

Prejudice and discrimination can never be justified and must never be permitted or tolerated in our society.

***

2008

Sunday Tribune: 'Halloween – Prime recruiting time for Satanists'
- 25 October 2008

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Witbank News: 'Halloween - Do you know what you are celebrating?'
- 25 October 2008

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ACDP Member calls for boycott of Halloween
- 20 October 2008

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Pagan Religious Marriage Officers appointed

- 23 September 2008

SAPRA is pleased to announce the appointment of Colleen Mollentze and Glen Muller as 'religious marriage officers'.

***

National Party withdraws policy of religious discrimination?

- 2 September 2008

Refer to release dated 18 August 2008 below

The National Party has published the following press release on their website.

NATIONAL PARTY SOUTH AFRICA (NP) ON PAGANISM

The NP's statement of acceptance of Paganism, whilst flattering for Pagans, remains in contravention of the Bill of Rights in that it clearly reaffirms the NP's intention to openly and publicly discriminate against Satanism (a non-Pagan religion).

***

Satanic Conspiracy

- 20 August 2008

The South African Pagan Rights Alliance is concerned by the allegations made by Pierre Eksteen, the Gauteng Education MEC Angie Motshekga and Krugersdorp Police spokespersons, published in numerous articles since this tragedy began, that Satanism was and is responsible for Morne Harmse's attack and murder of fellow pupils at Nic Diederichs Technical High School in Krugersdorp.

The reaction by Eksteen, the MEC and Krugersdorp Police to this tragedy is nothing more or less than prejudicial scapegoating and constitutes religious discrimination in its worst form - a very public defamatory attack of self-defined Satanists and of Satanism - a constitutionally protected religion in South Africa.

This Alliance cautions the MEC and the SAPS not to incite further prejudice against Satanism or against self-defined Satanists. Satanism is not to blame for this tragedy. Morne Harmse must bear the full burden of guilt for his own actions.

We applaud the published statement made by SAPS investigative psychologist Gerard Labuschagne, "Whenever there is a murder people jump to conclusions, and always it is God or Satan who told the killers to do it. These notions should not be taken seriously." SOURCE

NOTE: The members of the South African Pagan Rights Alliance do not self-define as Satanists and do not define Satanism as a Pagan religion or Pagan path. This Alliance's defence of Satanism is prompted solely by our sincere desire to prevent any prejudicial scapegoating of a religious minority. SAPRA will continue to defend the constitutional values on which our own liberty as Pagans and as Witches is founded.

***

National Party intends to suppress Witchcraft

- 18 August 2008

The National Party intends to suppress Witchcraft should it win the 2009 elections. So says Juan-Duval Uys, Member of the NP National Executive.

In correspondence to this Alliance Mr. Uys stated,

"We will not allow witches to operate in South Africa under (an) NP Government. We and our supporters can not associate ourselves with anything that are (sic) linked to Satanism. We don't have a problem with your view on our policy, but we will NEVER regard Satanism or witches (sic) as a form of religion. Our major support comes from Christians and Muslims etc, we will never link this party to Satanism or witchcraft. We will make this very clear during elections 2009."

The South African Pagan Rights Alliance and the South African Pagan Council (SAPC) objects to the religiously motivated intention of the National Party to suppress Witchcraft and to discriminate openly against South African citizens who self-define as Witches.

Read the formal objection by SAPRA and the SAPC against the National Party's policy on Religion and Religious Instruction in Schools here.

SAPRA and the SAPC object to the registration of the National Party as a political party on the grounds that the National Party's policies on religion and religious education:
(1.) propagate the contravention of the constitutional right to freedom of belief and religion to recognized religious minorities, and
(2.) said policies intend to prevent membership of said party on the grounds of religious affiliation by excluding identified religious minorities as undesirable.

Read SAPRA and the SAPC's formal objection to the Independent Electoral Commission (IEC) here.

Voice your own objections against the National Party's intentions to suppress Witchcraft here.

***

'Dispatch Online' defames Witchcraft
- 15 August 2008

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'IOL' defames Witchcraft
- 14 August 2008

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'Vaal Weekly' incites Witch-hunt against Inyanga
- 7 August 2008

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The 'Witness' defames Witchcraft
- 1 August 2008

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Repeal of Witchcraft Suppression Act (Act 3 of 1957)

- July 2008

The South African Law Reform Commission (SALRC) has agreed to conduct a preliminary investigation in order to determine whether or not the Witchcraft Suppression Act 3 of 1957 should be repealed.

"Legislative reform to the Witchcraft Suppression Act 3 of 1957 - The South African Pagan Rights Alliance has requested the Commission to investigate whether the proposed Mpumalanga Witchcraft Suppression Bill (2007)and the existing Witchcraft Suppression Act 3 of 1957 undermine the constitutionally guaranteed freedoms and rights of existing religious minorities in South Africa by deliberately criminalising and prohibiting rights of the religious minorities’ to exist and to practice their religion."
SOURCE

The SALRC is responding to a request made by the South African Pagan Rights Alliance in February 2007 to have Act 3 repealed on the grounds that it contradicts several sections of Chapter 2 of the Constitution of the Republic of South Africa (Act 108 of 1996). SAPRA has argued that Act 3 must be declared unconstitutional and invalid to the extent to which this legislation identifies one group of persons (Witches), on the grounds of belief (Witchcraft), to be prohibited and criminal.

The Witchcraft Suppression Act was created with the intention of suppressing indigenous African practices, practices incorrectly identified as ‘witchcraft’. Traditional Healers have publicly stated that they have never and do not identify their traditional African practices and religions as ‘witchcraft’ and they regard the existence of Act 3 as prejudicial to their constitutionally guaranteed right to belief and religion.

The continuing existence of Act 3 criminalises identified practices, some of which are associated with and practised by both Traditional Healers and self-defined Pagan Witches. The Act criminalises South African citizens who do self-identify as Witches and who do practice Witchcraft, by prohibiting anyone from professing to be a Witch or to practicing Witchcraft.

Act 3 of 1957 contradicts several sections of Chapter 2 of the Constitution of the Republic of South Africa (Act 108 of 1996), including:

A. Section 1 (a)
1. The Republic of South Africa is one, sovereign, democratic state founded on the following values:
a. Human dignity, the achievement of equality and the advancement of human rights and freedoms.

B. Section 3 (2) (a)
3. (2) All citizens are
a. equally entitled to the rights, privileges and benefits of citizenship

C. Section 7 (1) and (2)
7. (1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
(2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

D. Section 9 (1) to (4)
9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
(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.
(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of
subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.

E. Section 10
10. Everyone has inherent dignity and the right to have their dignity respected and protected.

F. Section 12 (1)
12. (1) Everyone has the right to freedom and security of the person.

G. Section 15 (1)
15. (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.

H. Section 16 (1) (b)
16. (1) Everyone has the right to freedom of expression, which includes
b. freedom to receive or impart information or ideas;

I. Section 18
18. Everyone has the right to freedom of association.

J. Section 22
22. Every citizen has the right to choose their trade, occupation or
profession freely.

K. Section 31 (1)
31. (1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community
a. to enjoy their culture, practise their religion and use their language; and
b. to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.

As self-defined Witches, members of the South African Pagan Rights Alliance will never accede to the regulation of our religion by government. We believe any attempt by government to regulate Witchcraft, which we regard as a bone-fide religion, would amount to religious discrimination by the state against a minority religion.

***

Pagan Religious Marriage Officers appointed

- June 2008

SAPRA is pleased to announce the appointment of Ginney May and Sharon Parkinson as 'religious marriage officers' and wishes to congratulate Morgause Fontleve, registrar of the South African Pagan Council, on her appointment as the first Pagan RMO in South Africa in May 2008.

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SAPRA condemns xenophobic violence

- May 2008

The xenophobic violence which has erupted in several towns throughout Gauteng this week has displaced not only immigrants and asylum seekers but also South Africans caught up in the conflagration. Whole communities have been torn apart by gangs of youths (criminals) intent on violating every inch of human dignity.

The South African Pagan Rights Alliance calls on the South African government to recognise that isolated incidents of violence, such as that we are seeing in Gauteng against foreigners, have been occurring in this country since the 1980's against hundreds of South African citizens falsely accused of being Witches or of practicing Witchcraft.

SAPRA calls on our government to do everything in its power to curb and prevent any further civil violence motivated by hatred of 'the other'. The Alliance strongly condemns xenophobia and xenophobic attacks against foreign nationals seeking sanctuary and a better life for themselves and their families in South Africa.

The Alliance calls on the ANC-led government to focus its urgent and immediate attention on removing the motivating causes to this week's uprising namely, lack of adequate border controls, poor or no service delivery, lack of adequate housing and rampant unemployment, and to take firm action to bring an end to the impasse in Zimbabwe which has led to the influx of asylum seekers seeking to escape state-sponsored violence against MDC supporters and critics of the Mugabe regime.

The Alliance appeals to all South Africans, irrespective of religion or political affiliation, to respect the rule of constitutional laws protecting the right to dignity, safety and security for all who live in this country.

***

***

SAPRA designated a Religious Organisation

- February 2008

In February this year (2008) the Department of Home Affairs approved an application submitted by the South African Pagan Rights Alliance's (SAPRA) for designation as a religious organisation in terms of and in accordance with section 5 (1) and (2) of the Civil Union Act (Act 17 of 2006). According to section 5 of the Civil Union Act SAPRA may now solemnise marriages and civil partnerships. SAPRA is the first Pagan organisation to be granted this designation.

2007

In Defence of Witchcraft
- 9 November 2007 - .pdf - 29.9 KB

African Institute defames Witches
- 2 November 2007 - .pdf - 31.4 KB

In Defence of Halloween
- 26 October 2007 - .pdf - 39.1 KB

The Progressive Pagan Alliance
- 26 October 2007 - .pdf - 41.1 KB

Sapra September 2007 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.

Sapra Rebuttal of the 'CNCI SAPC Conference Report'
- 15 September 2007 - .pdf - 62.4 KB

Sapra comments on Butsakatsi and Witchcraft Courts
- 17 July 2007 - .pdf - 30.5 KB

Sapra comments on THO definition of Witchcraft
- 17 July 2007 - .pdf - 34.1 KB

** THO submission in objection to the Witchcraft Suppression Bill
- July 2007 - .pdf - 493 KB

Sapra appeal for legislative reform
- Witchcraft Suppression Act
- July 2007 - .pdf - 39.1 KB

*** Witchcraft Suppression Act (1957) as amended
- .pdf - 348 KB

Sapra / SAPC submission: proposed Mpumalanga Witchcraft Protection Bill
- 10 July 2007 - .pdf - 27.2 KB

Sapra submission on the draft Mpumalanga Witchcraft Suppression Bill
- 9 July 2007 - .pdf - 31.0 KB

Sapra submission on the draft Mpumalanga Witchcraft Suppression Bill
- 7 July 2007 - .pdf - 34.9 KB

Sapra submission on the draft Mpumalanga Witchcraft Suppression Bill
- 5 July 2007 - .pdf - 33.4 KB

** draft Mpumalanga Witchcraft Suppression Bill (2007)
- June 2007 - .pdf - 30.4 KB

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
[2] Freedom Charter
[3] Public Holidays Act, No. 36 of 1994

2006

Sapra submission: 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.

WHAT IS SAPRA?

RELIGIOUS MARRIAGE OFFICERS

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Participate in discussion on human rights issues affecting the South African Pagan religious community.

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SOUTH AFRICAN BILL OF RIGHTS

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