ACDP Parliamentary newsletter - 12 September 2003 #2

In this issue:

1. Answers to questions on Religion in Education
2. More time needed for submissions on lowering age of sexual consent

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1. Answers to questions on Religion in Education - the ACDP meets Education Department Director-General Thami Mseleku

Certain aspects of the Department of Education's Religion in Education policy were made clear during a meeting between the ACDP and a representative from the department at Parliament last week.

Responding to a question by the ACDP on the department's ideological viewpoint regarding religion in education, the Director General (DG) admitted that he is a proud Catholic Communist and that his Deputy Director General Duncan Hindle is an Anglican Communist.

Mr Mseleku said that when the policy was initially introduced, the majority of the department, who are Christians, was concerned, as the Minister of Education Kader Asmal's stance appeared distinctly anti-Christian and anti-Muslim.

However, Mr Mseleku is confident that the policy has been dramatically toned down, taking into account the objections from religious groups. ACDP spokesperson on education Cheryllyn Dudley praised Christians for their efforts, encouraging them to continue to speak out on issues, as they have done in this instance.

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Religious observances

As the policy document is just that - a policy, it does not prescribe to schools how to implement the guidelines, merely acting as a framework for schools with a diversity of religions.

The policy states that school governing bodies must ensure that schools have a policy that reflects the multi-religious nature of the country, not just the school, taking into consideration that the religious composition of a school can change from year to year.

If a school is majority Muslim, but has a five percent Christian group within the school, the school would have to make arrangements to accommodate each faith equally, in order not to impose one faith on another or discriminate in any way.

In schools where no objections are raised to religious observances, provided everyone is given the opportunity to raise their objections and be suitably accommodated, the DG said that there should be no problem.

If a school decides to incorporate religious observances into assemblies, it must take into account the religious groupings in the school. Schools could choose to hold separate assemblies for each group or if this is not possible, multi-faith or no observances are the options.

The DG insists that in circumstances where schools have learners that form part of the same religious group, for example in a Catholic school, Catholic observances could be held in a single assembly, but at the same time emphasises the necessity for the school's policy to reflect the religious nature of the country.

The policy on religious observances applies to public schools only, not to independent schools or public schools on private property. ___________________________________________

Religion Education

Religion Education will be a compulsory, examinable subject as part of the curriculum for all schools, including private schools and public schools on private property.

This subject will teach about all religions, starting from Grade R to grade 12 (pre-school to Matric), encouraging children to learn about other religious beliefs. Some of the content material is questionable and according to department policy, content about Satanism or witchcraft is possible, as the government recognises these as religions. The only material that will be restricted is that which is illegal, such as human sacrifice etc.

According to the DG, parents wishing to exclude their children from such lessons may do so, recognising that the child will nevertheless be expected to achieve certain outcomes for this subject. Provided that the child can pass the subject while missing those classes or losing those marks, the department will allow it. ___________________________________________

Home Schools

Home schools are currently being scrutinised by the department and are high on its agenda.

According to the DG, provinces are not doing their job properly in terms of registration and monitoring requirements. They are expected to monitor curriculum outcomes for all subjects, including life skills, sex education and religion education.

The department is particularly concerned with what they call "right-wing home schools" which they say are platforms for racial hatred, based on reports to the department by neighbours.

"The ACDP is concerned about the department getting too involved in home schools, but cautions home school parents to be aware that their home school reflects on home schools as a whole and a standard of excellence is imperative so that government does not have an excuse for greater interference," Cheryllyn said.

"Big Brother is flexing his muscles," says Cheryllyn, "and the ACDP calls on home school parents to be diligent and put an end to racial bias and hatred."

"We have to make the best of working within the law as far as possible, but we must act on matters of conscience. This will require great discernment and wisdom.

"The bottom line is that Christians cannot expect a humanist government to be anything other than anti-Christianity. The solution is to ensure that government is in the hands of God-fearing men and women committed to biblical principles," Cheryllyn said.

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2. More time needed for submissions on Sexual Offences Bill

Due to the overwhelming response by Christians wanting to make submissions on the lowering of the age of sexual consent, the ACDP called on the Justice Portfolio Committee for more time. Here is the media statement sent out today by by ACDP MP Steve Swart: ___________________________________________

Due to the overwhelming response by the public to the proposed lowering of the age of sexual consent by the Criminal Law (Sexual Offences) Amendment Bill, the ACDP has called for an extension of the time period for submissions on the Bill.

In terms of the new Bill, children between the ages of 12 and 16 years are permitted to engage in sexual experimentation with partners also below the age of 16. The age of consent for homosexual relations has been lowered from 19 to 16 years, for both genders.

"The public is outraged at these proposals and we have been inundated with requests for more information on how to prevent such legislation being passed," Swart said.

"Although the closing date for submissions is today, it is unlikely that this Bill will be finalised during this session of Parliament. An extension will therefore not prejudice the Portfolio Committee on Justice's programme. We will continue to encourage people to send submissions after the closing date.

"We have also noted the community's concerns regarding the omission of a antiretroviral treatment clause for rape survivors and invite submissions on this issue as well," Swart said.

Referring to discussions on the Bill by the Justice Portfolio Committee thus far, Swart said that he was concerned that the Law Commission's report, upon which the Bill is based, lacks evidence regarding the development of children sexually and the medical consequences of early sexual experimentation.

"These are important issues that must be considered if we are committed to protecting and caring for our children," Swart said.

"The implications for our children are inestimable. Teenage years are fraught with emotional conflict as the transition from child to adult is made and our children need to be protected and guided, rather than encouraged to experiment sexually, with possible life-threatening consequences.

"We believe that the age of consent for heterosexual sex should be the same as that for marriage, which is 18, while the age of consent for homosexual relations should remain at 19," Swart said. ___________________________________________

If you object to this, you have an opportunity to comment by eMail to sejonas@parliament.gov.za. Although the closing date was 15 September 2003, you can still send submissions as they will be circulated to the committee members.

HEREWITH A DRAFT LETTER THAT SHOULD BE ADJUSTED AND ADDED TO AVOID COPIES OF THE SAME LETTER BEING SUBMITTED. THE ESSENCE SHOULD REMAIN THE SAME BUT ADDITIONAL ARGUMENTS OPPOSING THE REDUCTION OF THE AGE OF CONSENT SHOULD BE ADDED.


THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE PARLIAMENT P.O BOX 15 CAPE TOWN 8000

TEL: 403 3669
FAX: 403 2880
E-mail: sejonas@parliament.gov.za

ATT: Mr SE JONAS

SUBMISSION ON DRAFT CRIMINAL LAW (SEXUAL OFFENCES) AMENDMENT BILL

Whilst the Criminal Law (Sexual Offences) Amendment Bill contains many positive elements in the fight against sexual offences committed against our women and children, I wish to record my objection to the reduction in the age of consent. I particularly object to the reduction in the age of consent for homosexual sexual intercourse from the present 19 years to 16 years for teenagers.

I furthermore object to the concept of sexual experimentation for children 12 - 16 years as a defence in clause 9 of the Bill.

I recommend that the age of consent for heterosexual sexual activities should be 18, the age when consent can be given for marriage. The age of consent for homosexual sexual acts should remain at 19 years.

In view of the HIV aids epidemic, it is unacceptable that the age of consent should be reduced as intended in the Bill


Add to and end off

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