Walking A Fine Religious Line
The investigative study on the commercialisation of religion - to be undertaken by the Commission for the Promotion and Protection of the rights of Cultural, Religious and Linguistic Communities - should be welcomed. No doubt recent happenings within the religious community where we witnessed people being fed snakes and grass must have prompted the study. All three main religions in South Africa - African indigenous, Christianity and Islam - have their fair share of horror stories in this regard. There have been stories of Ponzi schemes and dubious investment initiatives within religious communities where people have been taken in and lost their money. In my religious world, churches are mushrooming all over with no proper governance structures and financial accountability. It has been suggested that in some instances the financial motives is what drives the proliferation of these churches. But one must sound a word of caution here. The study may be so broad that it strays into areas of doctrine and interferes with peoples freedom of religion, belief and opinion. Were that to happen, it would be unconstitutional and would lead to unhealthy tension developing between the state and the religious sector.
Take, for example, the doctrine of tithing in the Christian church. This is essentially a doctrinal issue that people believe in but we know there are instances where it has been abused and/or commercialised. How will the commission deal with that? Is the collection of tithes and offerings in and of itself commercialisation or should we be looking at how these are subsequently disbursed in order to determine if it is commercialisation or not? Also, there is the issue of religious organisations having investments, holding property and in some instances being involved in trading activities such as insurance, selling literature, church uniforms, gospel music and the like. Indeed, there are a number of religious organisations today that blend aspects of religion and business. They have realised that they cannot accomplish their visions and missions without sustainable financial resources. Accordingly, they have shifted emphasis from merely collecting and counting tithes and offerings to owning and running businesses, in some instances using their considerable numbers to raise capital for church projects. Constitutionally, I would argue, they are allowed to do so.
What then would constitute commercialisation of religion? Religion is commercialised when a religious activity is motivated by financial consideration (for example, starting a church because of possible financial gain, praying for people in exchange for cash, and selling objects said to have magical or divine powers). We may debate ad nauseam what constitutes the commercialisation of religion, but what is critical is how to protect people from such. The state has a role in this regard as age, education, intelligence and even status in the community are not reliable factors when it comes to be taken advantage of by religion merchants. But the state cannot do so by regulating what people can or cannot believe and one hopes that will not be the outcome of the study. The government must stay as far as possible from issues of religious doctrines and teachings. Where the government can, and should, intervene is on complying with the laws of the country. Religious organisations are by nature non-profit or public-benefit organisations.
In our country, there are laws governing the establishment and running of such organisations. First, there should be no religious organisation that functions without being properly registered. Without being dramatic, the security implications for the country are obvious. And here national religious bodies can be roped in to give reference before a church, mosque or similar is granted registration. Second, once a religious organisation is registered with, for example, the Department of Social Development in terms of the Non-Profit Organisation Act, authorities must then insist on religious organisations complying with the provisions of the act. Non-Profit organisations are required to prepare and submit their annual reports and financial reports to the department. How do many religious (and secular) organisations do this? Enforcing this piece of legislation can alone eliminate a number of fly-by-night religious organisations.
If a religious organisation wants to be involved in commercial activities but qualify as a public benefit organisation exempted from paying tax, our tax authorities have stringent conditions. For example there must be an arm's length relationship between the religious organisation and its trading entities; tax returns must be filed annually; and the funds may not be used for personal gain by any individual, including the founders and fiduciaries. If the South African Revenue Service can enforce these regulations, way may find we don't need to study the commercialisation of religion after all. Sars can contribute a great deal towards eliminating charlatans and merchants of religion. Let the government enforce the existing laws.
