Conflict or co-operation : an examination of the South African Constitution and the church

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Date
2003
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Abstract
The purpose this thesis is an examination of the impact of the current South African Constitution on the church. The question is whether there is conflict or co-operation between certain provisions of the Constitution and the church as reflected in the word of scripture. The reason for this is that certain sectors of the church expected a Christian rather than a secular state to be established in the new political and constitutional dispensation. Some Christians were also not pleased with the protection in the Constitution of certain practices which are in conflict with Christian values and principles. Some of these are not provided for in the Constitution but in legislation. These include, inter alia, abortion, homeosexuality and pornography. This criticism is based on a misapprehension of the fact that both the secular authorities and the church or alternatively the political kingdom and the kingdom of God are ordained by God. They are mandated by God to perform certain f unctions. The state is representing God in matters of governance, good order justice and peace in the country. God holds it responsible for this. The church is supposed to be responsible for the spiritual and moral life of the people. It has to propagate the gospel of the salvation of humankind and of the coming of the kingdom of God. It is essential that there should be separation between church and state. Not only should there be separation between church and state but there should be structural pluralism. This is so because the state is not omnicompetent and has to allow other structures like the family, the school, the church and the university to play their own roles. Because of the separation between church and state the state should not decide for individuals what to believe or what not to believe. The reason for this is that the state is not competent to decide on what is true religion. It may also manipulate religion for political reasons. This is unacceptable in a democracy. Not only should the state allow freedom of religion, but it should also allow the church or members of the church to manifest their belief by adopting certain stances on issues. Religion has a pivotal role to play and seeks to influence society as a whole. Properly understood, there is no real conflict between the Constitution and the word of scripture. The Constitution provides scope for co-operation between church and state without each taking over the function of the other. The church has more than ample opportunity for propagating the good news of the kingdom of Cod. The Constitution provides for the creation of a democratic state based on the rule of law, the independence of the judiciary, free and fair as well as regular elections, adult suffrage, a Bill of Rights policed by a fearless judiciary and a multi-party system. It also promotes openness and accountability on the part of the government These are not in conflict with Christianity. The Constitution also provides for a Bill of Rights which is regarded as a cornerstone for democracy and which protects the rights of the individuals including institutions such as the church. It also stipulates that there be equality before the law and that there should be no unfair discrimination based on the listed grounds. These are compatible with fairness and with Christianity. Christians can play an important role in clarifying the respective roles of the church and state. They can also seek to exercise a positive and constructive influence in the affairs of the country. In this way they can prove to be the real salt and light of the world.
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Submitted in partial fulfilment for the requirements for the Degree of Doctor of Theology in the Department of Systematic Theology at the University of Zululand, 2003.
Keywords
Church and state--South Africa, Christianity and politics--South Africa
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