10 hours ago
CRL chair's claims against its executive director are 'defamatory', Forsa says
Freedom of Religion South Africa (Forsa) has strongly denied what it termed false and defamatory allegations made by chairperson of the CRL Rights Commission Thoko Mkhwanazi-Xaluva on Thursday.
During a media briefing convened by the commission, Mkhwanazi-Xaluva alleged Forsa and its executive director Michael Swain had accused her, Cheryl Zondi and/or the Cheryl Zondi Foundation of receiving R1.5m from the National Lotteries Commission. Zondi was a witness in the rape trial of Nigerian televangelist Timothy Omotoso.
Forsa said this donation was reported widely in the media. It said a press release from the National Lotteries Commission of December 13 2018 stated the Cheryl Zondi Foundation had partnered with the Izimvo 447 NPC and received R1.5m to aid their work for those exploited in sacred spaces.
'Neither Michael Swain, nor Forsa, has ever alleged financial misconduct of any kind. Such claims are false and wholly without any factual basis at all,' the organisation said in a statement.
Forsa said it was disappointed that Mkhwanazi-Xaluva did not first seek clarity or engage with it before making public accusations and threatening legal action.
'Her subsequent laying of criminal charges against Michael Swain and Forsa is seen as vexatious and unfounded. It appears to be a personally motivated attack designed to intimidate and deter Forsa (or others) from opposing the chair's agenda to push again for state regulation of religion.'
Forsa said it reserved all legal rights in its response to this matter and was considering appropriate legal remedies in response to these false and harmful allegations.
'These include a formal demand for retraction as well as amending its extant damages claim for defamation.'
Forsa said it was not against any person or institution, including Mkhwanazi-Xaluva or the commission.
'On the contrary, Forsa supports all of its legitimate and constitutional objectives. However, our singular focus is the protection and advancement of religious freedom and related constitutional rights in South Africa.'
Forsa said a letter from more than 20 senior religious leaders representing about 12-million South Africans was sent to President Cyril Ramaphosa in 2019, raising several concerns, including that Mkhwanazi-Xaluva simultaneously served as CRL chairperson and deputy chair of the Cheryl Zondi Foundation.
The commission was a Chapter 9 institution, created to be independent and impartial, accountable only to parliament, Forsa said.
'Thus, its chair must avoid bias, preferential treatment and dual loyalties. Arguably, this includes keeping clear boundaries when interacting with organisations, especially advocacy organisations, linked to matters before the commission.'
Forsa said under Mkhwanazi-Xaluva's leadership at the time, the CRL strongly pushed for state regulation of religion.
'A wide diversity of faith communities strongly opposed the CRL's proposal. The 'conflict of interest' concern arose because the CRL chair cited the Omotoso case as a high-profile example to justify the CRL's proposed regulation model (via peer review councils, licensing of religious leaders, etc).'
Her appointment as the deputy chair of the Cheryl Zondi Foundation, therefore, created a strong impression of an overlap of interest and influence.
'On the one hand, the chair of the CRL is tasked with impartial interaction with faith communities, constitutional compliance, and safeguarding diverse religious rights. Acting as deputy chair of the Cheryl Zondi Foundation is an advocacy-aligned — not neutral — position.'
This raised legitimate concerns about a conflict of interest on the part of the chairperson, Forsa said.
'It must be stressed that this in no way raises any concern or casts any suspicion on Cheryl Zondi or the Cheryl Zondi Foundation.'
Since being reappointed, Mkhwanazi-Xaluva has continued promoting proposals for state regulation of religion, including the introduction of peer review mechanisms, Forsa said.
It said it had consistently opposed this course of action, repeatedly warning that state regulation of religion was unnecessary, unconstitutional, unworkable and unaffordable.
'In Forsa's public education efforts to point out the dangers to religious freedom of state regulation of religion, we gave the historical background to the current context. One part of this extensive presentation referenced the 2019 letter to the president in good faith and with full transparency.'
Forsa said the 2019 letter did not accuse Mkhwanazi-Xaluva of theft or corruption of any kind and did not contain any accusations against Zondi or the Cheryl Zondi Foundation at all.
