Resisting Threats to Religious Freedom
Africa Christian Action, which since 1991 has advocated for the right to life, pro-family values, moral standards and religious freedom and the Christian Action Network which represents over 150 member organisations, including 7000 congregations and over 7 million members throughout 20 countries in Africa, are deeply concerned about the proposed Health amendment regulations relating to the surveillance and control of Notifiable Medical Conditions.
Effective Checks and Balances
Power corrupts and absolute power corrupts absolutely. It is necessary to limit and divide the powers of government in a system of checks and balances. “… where the Spirit of the Lord is, there is liberty.” 2 Corinthians 3:17
Limited Government
Government is not God. They are not our Lord and Saviour! They are not all-knowing. Nor are governments all-wise. Governments are not infallible. Only God, our Creator and Eternal Judge is all-knowing, all-wise, everywhere present and infallible. God’s Law is real Law. All man-made laws must be grounded in God’s Law and must flow from the principles of the Law of God. Any Law not consistent with God’s Law is no law at all. It is invalid. “To the Law and to the testimony! If they do not speak according to this Word, it is because there is no light in them.” Isaiah 8:20.
Truth Does Not Fear Investigation
“And you shall know the truth and the truth shall make you free… Therefore, if the Son makes you free, you shall be free indeed.” John 8:32, 36
Covers for Colossal Corruption
The Covid-19 lockdowns of 2020/2021/2022 have been unjustified by scientific research. Covid-19 has not proven to be anything near as deadly as the Bubonic plague, nor as devastating as the Spanish Flu. There was no proven medical justification for locking down billions of people and committing what amounted to economic suicide. Although the term “suicide” suggests a voluntary act, economic murder would be more accurate. The jobs of tens of millions of people worldwide have been undermined and, in many cases, destroyed. Big Tech, Big Pharma and Big Government have united to crush family businesses and the small entrepreneurs. The Covid-19 Lockdowns have proven to be a cover for colossal corruption and for communist centralisation and control. “For you, brethren, have been called to liberty; only do not use liberty as an opportunity for the flesh, but through love serve one another. For all the Law is fulfilled in one word, even in this: ‘You shall love your neighbour as yourself.’” Galatians 5:13-14
Unprecedented Threat to Personal and Religious Freedom
The Draft Health Regulations violate our constitutional rights to religious freedom, which includes the right to manifest religious belief without fear of hindrance or reprisal, (section 15) and as a religious community to practise our religion together (section 31).
We oppose: that the Health Minister would have the sole discretion to list something a “notifiable medical condition” (“NMC”) in the Draft Regulations and would not be required to consult with the public and/or Parliament, or even give reasons for listing a disease as a NMC.
That the limitations on the Bill of Rights seem to be in place indefinitely as long as a disease is listed as a NMC.
That the Draft Regulations make no differentiation between a category 1, 2, 3 or 4 NMC and simply consider the “risk of transmission” as opposed to the severity of the disease, for purposes of the limitations on Rights.
The failure to define either the criteria or the process for a disease to be declared a pandemic or an endemic.
The failure to define key concepts such as pandemic; endemic; ministerial advice; public health importance; public place; treatment etc.
Regulation 15 A&B’s imposition of mandatory medical examination, hospitalisation, quarantine, isolation and treatment, for merely having been exposed to someone with a NMC, or for being simply “suspected” of having contracted a NMC. Treatment is undefined and could therefore include mandatory vaccinations.
Regulation 15D’s requiring even an asymptomatic person to self-isolate. This is contrary to the current position under the Disaster Management Act’s Regulations, and severely limits the exercise of the right to religious freedom as you cannot attend any religious gatherings (not even small group home meetings).
Regulation 16J(4)’s requiring of proof of vaccination for a venue to use 50% of its capacity during the COVID pandemic. Religious organisations with large venues will not be able to operate at 50% of venue capacity without requiring their congregants to show proof of vaccination. This is a gross and unjustifiable violation of the right to religious freedom guaranteed by sections 15 and 31 of the Constitution.
Reg16J(5)’s limitation on the number of unvaccinated people that can attend a gathering of 1000 people indoor and 2000 people outdoor, irrespective of the size of the venue. Religious organisations with large venues will not be able to operate at 50% of venue capacity without requiring their congregants to show proof of vaccination.
That failure to comply with these provisions would constitute a criminal offence with a sanction of an unspecified fine and/or 10 years in jail ! All of this is unprecedented, unnecessary, unacceptable and unconstitutional.
Along with many other South Africans, we call for:
The listing of a NMC to be subject to public participation and Parliamentary oversight; and
The Minister of health be required to give proven scientific reasons for listing a condition as a NMC; and
The Regulations to differentiate between a category 1, 2, 3 or 4 NMC, and to consider the evidence of the severity of the disease, before considering the very serious consequences of limiting constitutional rights; and
The National Health Act to be amended to define: both the criteria and the process for the declaration of a pandemic, or an endemic, and key concepts such as pandemic; endemic; ministerial advice; public health importance; public place; treatment; and
Regulation 15 to be amended to exclude any mandatory medical procedure, including vaccination and compulsory medical examination, hospitalisation, quarantine, isolation and treatment, for a category 1 NMC;
Regulation 16 be amended do away with requiring proof of vaccination and only impose a limitation on gatherings for a category 1 or 2 NMC; and
The offences and penalties to be amended so that failure to comply is not a crime nor subject to any fine.
Unconstitutional, Unnecessary and Unworkable
No law is valid if it violates the Bill of Rights. Yet, the extraordinary Covid-19 state of emergency/disaster violated the essential freedoms of religion, belief and opinion; freedom of conscience; freedom of thought; freedom of expression; freedom of the press; freedom of association; freedom of assembly and freedom to demonstration; freedom of movement and freedom of trade, occupation, trade and profession. The lockdown was clearly unconstitutional. No politicians have the right to declare people’s livelihoods “non-essential!”
Suffocating Society
The lockdowns also seriously curtailed the “freedom for cultural, religious and linguistic communities to gather and practise their religion in free association with others.” Masks dehumanise. This is the reason why people placed in front of firing squads traditionally were made to wear a mask. This was not because of any concern for the person about to be shot, it was because it made the task of the firing squad easier when the victim was dehumanised by having their face obscured. It has long been recognised that forcing women in to wear a veil can be dehumanising.
Unnecessary and Counter-Productive
The lockdowns also violated principles of the rule of law by presumption of guilt. If masks work, why were lockdowns necessary? If lockdowns worked, why were masks necessary? Why wear masks when on your own in your home, or car? Why did people walking alone outdoors need to wear a mask? Is there any medical science justifying such extraordinary, intrusive and unprecedented requirements? Why did countries like Sweden which had no lockdown, nor mandatory mask or vaccination requirements do so much better than countries with severe lockdowns and mandates such as Spain and Great Britain? Why did the pandemic escalate after widespread vaccinations in countries such as Israel which attained an officially 95% vaccination rate? Why have so many healthy young athletes who were vaccinated suffered heart attacks and strokes since? Evidently, the masks failed to stop the pandemic, lockdowns failed to stop the pandemic and vaccinations failed to stop the pandemic. Natural immunity seems to have been the only effective solution.
No Governments Have the Right to Interfere in the Cultural Mandate or the Great Commission
Civil authorities have greatly overreached themselves and exceeded their authority when they infringed on the essential activities of employers and employees, economic or agricultural enterprises, or the fulfilment of the Creation Mandate and the Great Commission of our Lord Jesus Christ. We must obey God rather than man. “Stand fast therefore in the liberty by which Christ has made us free and do not be entangled again with a yoke of bondage.” Galatians 5:1
See also:
The Cape Town Declaration on Human Rights, Informed Consent and Freedom of Choice
A Balanced and Biblical Response to Lockdowns and Masks
Should Vaccinations be Made Mandatory?
