16 - The Right to Freedom of Thought in South Africa

Summary

Although still facing a myriad of social issues, three decades since the abolition of Apartheid have seen South Africa establishing itself as a liberal democracy with a highly respected judiciary. It boasts a progressive constitution with a robust Bill of Rights, which specifically includes the right to freedom of thought albeit as part of the right to freedom of religion, belief and opinion in Section 15. Relevant case law indicate that freedom of thought is not yet seen as a fundamental right on its own, but rather understood as part of the right to freedom of religion, or as some prefer, freedom from religion. At first glance it may seem that coercive proselytising, archaic witchcraft and blasphemy legislation comprise the main related issues. The chapter argues that this is too narrow an interpretation, and that the right also forms part and parcel of other fundamental rights such as equality, speech, and privacy. To that end, the chapter uses the four attributes of the right to freedom of thought as formulated by the Special Rapporteur on freedom of religion or belief and considers to what extent, in aggregate, South Africa lives up to the ideal. It concludes that an enabling environment for freedom of thought not only exists, but has the potential to be further developed in South Africa.