ARTICLE
TITLE

Doctrinal Sanction and the Protection of the Rights of Religious Associations: Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa (726/13) [2014] ZASCA 151

SUMMARY

Scholarship on the protection of religious rights and freedoms in the context of religious associations in South Africa has gained in momentum since the decision by the Equality Court in Johan Daniel Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park some years ago. Emanating from this were diverse scholarly insights on what the parameters of religious associations should be, with specific focus on sexual conduct, religious doctrine and membership of religious associations. The South African judiciary has not been confronted with a similar challenge since the decision. However, with the advent of the judgment by the Supreme Court of Appeal in Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa in 2014, questions as to the parameters of the rights of religious associations in the context of sexual conduct and religious doctrine again present themselves. This article consequently analyses the mentioned judgment by the Supreme Court of Appeal to further an understanding of the parameters of associational rights of religious institutions against the background of a truly plural and democratic society, as supported by the Constitution of South Africa.   

 Articles related

Ach. Tahir,Mahrus Ali,Muhammad Arif Setiawan                           DOI : 10.26623/jic.v6i2.4093 | Abstract views: 198 times    

This paper is aimed at analyzing the concepts and parameters to determine an act as a bribery and gratuity in the Anti-Corruption Law and court cases.  This involved the application of the doctrinal legal research to understand these differences. Th... see more


Ni Nyoman Juwita Arsawati, Putu Eva Ditayani Antari    

The purpose of this paper is to examine the customary law sanctions that are threatened against perpetrators of sexual violence against children, for example in the people of Tenganan Village, Karangasem-Bali, which are Balinese customary law communities... see more


Hasmonel Hasmonel,Derita Prapti Rahayu,Faisal Faisal 10.20884/1.jdh.2020.20.1.2730    

Consideration of the importance of environmental preservation based on local wisdom is an embodiment of the law that lives in the community. The law works and is embedded in a socio-cultural matrix to answer the problem of inventory of local wisdom in th... see more


Achmad Syauqy    

Education is part of the constitutional rights owned by the citizens and should be fulfilled by the State. Better proportion of educational budgetting will expand the access of education for the citizens.  Article 31 Paragraph 4 of the 1945 Constitu... see more

Revista: Yuridika

Dian Cahayani    

This study aims to determine the importance of government intervention to provide oversight of the sale and purchase apartments with a pre-project selling marketing system. This study uses a doctrinal legal research method that uses a statutory approach ... see more

Revista: Yuridika