The right to religious freedom constitutes a fundamental human right that is inextricably linked to human dignity. In South Africa’s constitutional democracy, characterised by deep religious diversity, a strong commitment to human rights, and a history of inequality, questions concerning the regulation and protection of religious freedom remain both complex and pressing.

It was against this backdrop that the Faculty of Law at the University of the Free State (UFS), through its Department of Public Law and in collaboration with Rhodes University, the University of Johannesburg, and the International Institute for Religious Freedom, convened its second Conference on Religious Freedom in South Africa, under the theme ‘Freedom of Religion and the Limits of Law’.

The two-day conference brought together legal practitioners, legal scholars, theologians, and academics from South Africa and beyond, who engaged critically with the relationship between religion and law. Discussions focused on the advancement of pluralism, the promotion of social cohesion, and the protection of religious freedoms. The importance of the conference theme was further underscored by ongoing debates and recent calls for the regulation of religion by civil authorities.

Emphasising the constitutional significance of these debates, Prof Serges Kamga, Dean of the Faculty of Law, noted that, “The theme goes to the very heart of our constitutional democracy. South Africa is a society marked by deep religious diversity, a strong commitment to human dignity, and a constitutional promise of freedom for all.” He further observed that “these freedoms are often tested, especially when questions arise about regulation, expression, pluralism, and the role of the state.”

Law, religion and society in a plural constitutional order

Across the programme, key areas of engagement included state regulation of religious associations, the autonomy of religious organisations, freedom of expression, the nature of law, as well as the role of constitutional institutions in safeguarding belief systems within a democratic order.

The South African context featured prominently throughout the discussions, with several papers interrogating the balance between constitutional protections and regulatory interventions. These engagements highlighted the challenges faced by the state in responding to perceived harm, diversity, and competing rights claims, while still upholding the foundational constitutional values of dignity, equality, and freedom.

Importantly, the conference also explored the intersection between religion and culture. Presentations engaged with African traditional belief systems, customary and religious dispute resolution, and ethical questions arising in sensitive areas of law, illustrating the complex ways in which religion, culture, and legal regulation intersect in practice.

Reflecting on the significance of sustained scholarly engagement in this field, Prof Shaun de Freitas, Head of the Department of Public Law, emphasised that “the protection of the right to freedom of religion significantly overlaps with the protection of human dignity, which in turn relates to the protection of the believer’s sense of meaning regarding existence and the purpose of life.”

Prof de Freitas further noted that the breadth of themes addressed during the conference highlighted the importance of interdisciplinary collaboration, stating that “the range of themes addressed during the conference confirmed the importance of interdisciplinary collaboration when dealing with matters on freedom of religion,” illustrating that the right encompasses a wide spectrum of expertise across legal, theological, and social disciplines.

Beyond academic discourse, Prof de Freitas added that “such conferences undoubtedly serve as catalysts in informing not only academia but also various communities, as well as society at large, on the importance and relevance of freedom of religion in the maintenance and advancement of democracy.”