How to use your voice to influence policies & laws
—by Daniela Ellerbeck, FOR SA Legal Advisor
F
reedom of Religion South Africa (FOR SA) often gets asked what people can do to protect their constitutional right to religious freedom. The good news is that South Africa is a constitutional democracy, which means that Government must ask for our input on any policies or laws they wish to make.
The origin of policies Most policies begin in Government departments as drafts, called “Green Papers”. A Green Paper discusses a particular issue a Department is considering and the policy position it intends to adopt. This is then published so that anyone who is interested can comment and/or make suggestions. An example is the Department of Home Affairs’ Green Paper on Marriages, which many South Africans commented on in 2020. A Green Paper is then followed by a “White Paper”, which sets out Government’s official policy position and generally precedes the proposed law that Government wishes to make.
The origin of laws Most laws also begin in Government departments as draft legislation, called “Bills”. The Department will then open a Bill up for public comment – as the Department of Justice did recently with the PEPUDA Amendment Bill. South Africa’s law-making body is Parliament, which consists of two houses (or parts), namely the National Assembly (“NA”) and the National Council of Provinces (“NCOP”). National laws must be passed by both houses, each of which will call for public engagement on a Bill before it is finally signed into law (called an “Act”) by the President.
Your voice matters Parliament represents the people of South Africa, and no law can be passed without the public having their say as part of the law-making process. As such, we must use every opportunity to make our voices heard. This is the only way to ensure that the laws we live under will properly protect our rights to freely share and live out our beliefs.
How do you make your voice heard? The way to make your voice heard is by making a submission to Parliament. While signing a petition can carry persuasive value, Parliament must consider every single submission it receives. Although no specific number of submissions will stop a Bill, the more submissions that are made on a particular issue, the more pressure is placed upon Parliament not to pass a law that the people are unhappy with. While it can be very daunting to write a submission to Parliament, all you need to say is why the Bill worries you. Note that it is not enough to say that you do not like (or want) the Bill – you need to give reasons. To help in this regard, FOR SA often drafts template submissions highlighting the biggest concerns, which people can then use to draft their own submission. So have your say and make sure your voice is heard!
FOR FAITH & FREEDOM
FOR SA is a non-profit, legal advocacy organisation dedicated to upholding our constitutional rights to religious freedom, including: • Sharing and living out your faith, both in public and in private • Autonomy of religious organisations • Parental rights to raise and teach their own children
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