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Citizen Contribution: C Black [1995] ZAConAsmRes 539 (1 February 1995)

 





1 February 1995


Dear Sir/Madam


I have noted with interest some of the proposed or anticipated changes to the constitution of South Africa currently and under consideration.

A newconstitution os a natural outcome of the exciting eventsof 1994and speaks of a further step in the move to democracy in South Africa.
Some aspects of the possible changes have troubled me and it is for this reason that I write. I will list the specific areas of concern with comments.

1 Freedom of Speech If, by this phrase, we mean that persons shall no longer be prevented from either communicating, or receiving by form of communication, bets and information which are the right, rather than the privilege, of the people of the nation, I must wholeheartedly agree. But, if by this we mean that any person can choose to introduce to others, by form of printed material or other means, visual or verbal matter which might not only be personally harmful to them but which might place the society at further risk of moral decay, I can only
(end page 1) raise objections.

The phrase 'Freedom of Speech' needs to be more carefully defined. The definition needs to slap oppression and corruption in the face while protecting the public from pornographic and other harmful material. The constitution must not only liberate, it must also protect.

2. Sexual Orientation This is an area which must be treated with delicacy. Sexuality is a core aspect of who we are as people and, therefore, a discussion of it touches something deep within each person.

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The constitution aims to protect individual human rights, but by virtue of the fact that we live in a diverse society, the asserting of some individual choices prescribes the overriding of others. Though in the church we assert, promote and seek to practice the conviction that each person is of equal value and all people are to be treated with equal dignity and respect, the line must be drawn at the point at which a minority practice which contravenes the word of God is given equal constitutional standing with a practice ordained and instituted by God. A move to include "gay rights" as part of the constitution is only one small step away from legalising homosexual marriages and providing the climate for legal action being taken against churches for their refusal to employ and pay persons on their staff. If this climate is created, the constitution will be the toy of the minority in this country and an albatross to the majority.
(end page 2) Gay bashing or witch hunts are clearly contrary to basic human rights, but the new constitution must not err to the extreme of placing a stamp of approval on that for which God's unwavering response waslis the Cross of Jesus.

3. Abortion/Riciht to Life As a Christian there is no other conclusion to which I can come other than that life begins at conception, that it is sacred and that no-one, other than God, has the right to either give or take a life.
I do understand the arguments for the right to have abortion-on-demand, the most heart stirring being cases of rape, extreme malformation and risk to the mothers life. I am affected by these cases, but my reading of the arguments tabled in the British Parliament prior to the legalising of abortion there, and my study of subsequent statistics indicate that, of all the abortions currently being performed in the U. K. less than 3% are for the reasons so strongly and emotively advanced in that parliamentary debate. This is a potentially wide doorway for a great moral abuse. The new constitution should steer well clear of judgements which stray into the domain of God, becoming a self‑appointed authority on the time of which life actually begins. This is the dangerous territory for any man or woman.

4. Freedom of Religion Again this is a term which requires definition. If by the term we
(end page 3) mean that all those practising one form of belief or another will have the right to continue in the exercising of that faith privately or corporately without hindrance or outside interference, I must agree wholeheartedly, but with the following important qualifications.
Where this freedom leads to practices which are discordant with basic morality or are an infringement on the fundamental human rights of others, the exercising of this'freedom' cannot be constituted as being a right and should be removed, as in many practices of Satanism and other occult activity.

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It must be remembered that something in the region of 80% of all South Africans call themselves "Christian". A constitution which does not reflect this in it character and execution is a constitution which is not truly democratic.
As an example, should the issue arise - as it did in the U.S.A. and U.K. as to whether schools should continue to permit public prayer and worship of God on school property, I trust that the "Freedomof Religion" clause will not enable a minority to silence the majority.

Thank you for reviewing these proposals and concerns. I do not envy you your task and will continue to pray for you for wisdom and understanding.

Yours faithfully





CAROL BLACK (Ms)