Freedom of Religion South Africa (FOR SA) “firmly rejects the false and defamatory claims made
by Mrs Thoko Mkhwanazi-Xaluva” at a CRL Rights Commission press conference on Thursday, says FOR SA in a press release.

After the press conference, CRL chair Mkhwanazi-Xaluva went to Hillbrow Police Station to open a case of crimen injuria against FOR SA executive director Michael Swain, who she alleges has repeatedly insulted her and spread misinformation about the work of the commission, reports TimesLive.

FOR SA played a key role in opposing a failed 2016 CRL campaign led by Mkhwanazi-Xaluva during her first term as CRL chair, to get Parliament to regulate religion. In March, Swain released an alert that Mkhwanazi-Xaluva, who had been reappointed as chair of the CRL, had reiterated her call for state-regulated religion.

At Thursday’s press conference, the CRL chair, who was accompanied by Cheryl Zondi, a witness in the Nigerian televangelist Timothy Omotoso rape case, accused FOR SA of spreading “malicious lies” about herself and Zondi.

Reportedly, she said: “People who say they’re fighting for freedom of religion have literally declared a war on the commission, but specifically on me and then dragged in Cheryl, because they think this is easy to do. You can’t just insult people in whatever way you like.”

TimesLive reports that she said the commission needed to send a strong message to people “who were trying to run away from being held accountable as religious leaders”.

In a press release responding to the press conference, FOR SA says: “It was alleged that FOR SA and its Executive Director, Michael Swain, accused Mrs Mkhwanazi-Xaluva, Ms Cheryl Zondi, and/or the Cheryl Zondi Foundation of receiving R1,5 million from the Lottery Commission. This donation was reported widely in the press, including in Timeslive. This reference was included in a 2019 letter sent by over 20 senior religious leaders — representing around 12 million South Africans — to President Ramaphosa. The letter raised several concerns, including a potential conflict of interest, noting that Mrs Mkhwanazi-Xaluva was simultaneously serving as CRL Chairperson and Deputy Chair of the Cheryl Zondi Foundation. It did not allege financial misconduct of any kind, nor has FOR SA ever done so.

“We note that according to a press release from the National Lotteries Commission of 13 December 2018, the Cheryl Zondi Foundation did partner with the Izimvo 447 NPC and received R1,5 million to aid their work for those exploited in sacred spaces. At this time, Mrs Mkhwanazi Xaluva was both the chairperson [of] the CRL Rights Commission, tasked with the protection of religious communities and the deputy chair of the Cheryl Zondi Foundation. It was the co-signatories view that the chairperson of the CRL Commission should not hold these positions simultaneously.

“FOR SA deeply respects the important work of Ms Zondi and her Foundation in supporting victims of abuse, and we continue to condemn unequivocally all forms of abuse and criminal behaviour. This consistent position is reflected in our public response to the outcome of the Timothy Omotoso case.

“It is regrettable that Mrs Mkhwanazi-Xaluva chose to proceed with a press conference and criminal charges without first seeking clarification. There is no substance to the charges of crimen iniuria that Mrs Mkhwanazi-Xaluva claims she will lay. During the press conference, many defamatory statements were made against Michael Swain and FOR SA. This gives the distinct impression of a personal and unjustified attack on FOR SA and its Executive Director.

“FOR SA is not opposed to the CRL Rights Commission or its mandate. On the contrary, FOR SA strives to enable all of its legitimate and constitutional objectives. However, FOR SA is legally entitled to oppose efforts to once again push for state regulation of religion, including peer review mechanisms — proposals which Parliament decisively rejected in 2018. We maintain that such regulation is unnecessary, unconstitutional, unworkable, and unaffordable, and FOR SA has consistently offered alternative, rights-respecting solutions to address abuse within religious contexts.

“FOR SA reserves all legal rights and is currently considering appropriate legal remedies in response to the defamatory statements made against Michael Swain and FOR SA, including a formal demand for retraction as well as amending its extant damages claim for defamation.

“We urge all media to verify facts before reporting and to reaffirm FOR SA’s commitment to act
within the law in defending the right to religious freedom for all South Africans.”

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