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Churches and other faith-based organisations have a duty to act within the
prescriptions of the law. When the social context for lawmaking is a democracy,
understanding and implementing these obligations becomes both a civil duty as
well as a moral responsibility.
In South Africa, during the apartheid era, claims by the Churches to uphold
the letter of the law would have been a deeply contested and contestable moral
issue. Not only were the state and its apparatus for lawmaking regarded broadly
as illegitimate but any participation within it, other than active
protestation, would have sent out signals of support for such a regime and its
"order". That context has radically changed. We celebrate the first decade of
our democratic achievements, we acknowledge with humility and joy, the system
of governance and public participation, their processes, checks and balances
that are already in place. The SACC is proud to have been an integral part of
the struggle for South Africa's democracy. Since 1994, numerous pieces of
legislation had to be crafted and re-crafted in order to reflect this
constitutional democracy mandated by the South African electorate. The SACC
Parliamentary Office, conferring with member churches and members of parliament
have made numerous policy submissions and interventions, to varying degrees, on
some of these pieces of legislation, such as: labour, income tax and property
rates. We do believe that, in order to support the process of social
transformation to the fullest, the Churches, her leadership, administrators and
members need to understand and implement such legislation to the fullest extent
possible.
The SACC Parliamentary Office strengthens the South African Churches' role
in this process while also promoting and enhancing the ecumenical communities'
prophetic witness to social justice and peace-building in the public life of
the nation. More recently, the Parliamentary Office, in emphasising our
Christian duty to use the Constitution and lawmaking processes, has added to
its focal areas of advocacy and capacity-building the theme "Promoting an
enabling environment for religious activity".
This manual, Legal Obligations: What Faith Communities need to know,
is the welcome result of interaction between the SACC Parliamentary Office,
public representatives and relevant portfolio committees representing the
National Cabinet. This work is tangible evidence how our participatory
democracy and our ecumenism has responded to the challenges posed to our faith
communities in general and Churches in particular.
A manual such as this offers communities of faith more than just an
administrative tool. It offers an opportunity to give expression to faith that
exists for more than privatised, individual self seeking and becomes an attempt
to strengthen and enhance our witness within the arena of public life - with
hope and for justice. I, therefore, commend it to all SACC members, the broader
ecumenical and faith communities in South Africa and to all readers.
Dr. Molefe Tsele
General Secretary
South African Council of Churches
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