Abstract
LL.M.
This study conducts an analysis of the right to freedom of religion in South
Africa. The historical development of the right is discussed. Attention is also
given to the interpretation of the right and the legal definition of the term
“religion”. The bearers of the right, namely natural persons, juristic persons
and other associations, are also highlighted; as well as the duties imposed by
the right to freedom of religion. However, the focal point of the study is the
ambit and content of the right. Particular attention is given in this regard to the
components of sections 15(1) to (3). The conclusion is reached that the right
to freedom of religion consists of freedom of autonomy; freedom of choice;
freedom of observance; freedom of teaching; and freedom to propagate a
religion or denomination. The limitation of the right is also considered, in
particular the meaning of the general limitation provision, as well as the
relevant factors to be reviewed and the specific limitation provisions that may
come into play.