Lockdown: Religious groups will continue fight to have govt keep place of worship open

• President Cyril Ramaphosa's lifting of the ban on religious gatherings has not deterred faith-based organisations from challenging the government in court seeking an order to compel it to do away with the ban.
• The SA National Christian Forum, Freedom of Religion SA, AfriForum and Muslim Lawyers Association filed an urgent application against the ban, which was meant to be heard on Tuesday in the South Gauteng High Court in Johannesburg.
• The organisations have agreed to abandon their urgent application following the announcement by the president of allowing only 50 worshippers in an indoor venue and 100 people outdoors.

Religious groups have not abandoned their faith in forcing the courts to compel the government to have places of worship opened throughout the lockdown.

The SA National Christian Forum (SANCF) has not abandoned their motion in the High Court.

SANCF earlier filed an urgent case in the South Gauteng High Court in Johannesburg challenging the government to lift the ban on religious gatherings.

However, the case, which was expected to be heard on Tuesday, was removed from the urgent court roll following the announcement by President Cyril Ramaphosa on Monday.

Ramaphosa has allowed all places of worship to resume their services with a maximum amount of 50 people indoors and 100 people outdoors.

SANCF president Bishop Marothi Mashashane said since the president lifted the ban on religious gatherings, the urgency of the case had fallen away.

"Though the matter is removed from today's urgent court roll, it is now enrolled in the oppose motion roll. Government is given until 24 February to file their opposing papers. Our motion seeks a declaratory relief that the regulation to ban religious gatherings was both irrational and unconstitutional," added Mashashane.

Meanwhile, Freedom of Religion SA (FOR SA) has welcomed Ramaphosa's announcement, but said he did not mean that religious institutions must gather, but only those who wished to do so safely and responsibly now have the limited freedom to do so once again.

FOR SA executive director Michael Swain said they had earlier filed papers in the same High Court challenging the government's complete and indefinite ban on faith-based gatherings be lifted with immediate effect.

"Although faith-based gatherings have again been permitted, it is very possible that we will face one or more waves of the pandemic. It is therefore critical that we establish a precedent regarding the reasoning and basis upon which government can lawfully regulate religious gatherings as the pandemic unfolds."

Swain added their application, which was supported by churches and religious organisations representing more than 11 million people, was set down for hearing in court on Tuesday together with similar applications by the SANCF, AfriForum and Muslim Lawyers Association.

The applicants have agreed there was no longer an urgent need for the court to hear arguments on why the ban should be lifted.

"However, some crucial issues remain to be decided, including the in-principle issue regarding the constitutionality of government's decisions and their decision-making process regarding faith-based gatherings. The parties subsequently came to an agreement regarding the further conduct of the matter, which was made an order of court.

"In terms of the court order, government must deliver any records of decisions that they want to provide, by 15 February. Thereafter, FOR SA and the other applicants will have opportunity to supplement their papers. The parties will also request the deputy judge president that the matter be set down for hearing as soon as possible from 17 May," said Swain.