Freedom of Religion and Minority Rights in South Africa (original) (raw)
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On account of its nature and scope, this article has been divided into two parts. The aim of this work is to explore religious unfair discrimination in South Africa in the context of the imperative of the need to tolerate differences. In Part 1, the importance of tolerance of differences in a secular multicultural society will be discussed. When the expression of religious freedom in the workplace or in greater society conflicts with other fundamental rights, the balancing of these conflicting rights is never a simple exercise. Whilst the adjudication of such conflicting rights may call for the imperatives of rationality, reasonableness, and proportionality to be applied, such conflict cannot only be conceived of in terms of the lens of adjudication. The need to live in a multicultural, secular society overflowing with divergent interests demands a culture of accommodation. This article further examines the fact that whether tolerance is conceived of as “thin” or “thick” tolerance, ...
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In Part 1 of this article the need to reconsider whether merely tolerating diversity in a multicultural and pluralistic secular South African society is sufficiently addressed. Transformative constitutionalism is the vanguard of ensuring a substantive change in our democratic order. Such change brought about as a result thereof would be meaningless if it failed to embrace the fact that the proverbial South African “rainbow nation” showcases an array of religions from various walks of life. Secularism, multicultural diversity and the necessity of having to live together are a reality, filled with the ever-present possibility of dispute, whether in civil society or the workplace. Ubuntu is instrumental to the success of transformative constitutionalism; especially when effect to its underlying principles is given impetus by the collective. This article is divided into two parts. In Part 1, tolerance was viewed in terms of the origin of the term; its meaning of forbearance and putting ...