Legal, government, academic and faith leaders gather to discuss lessons learned and pathways forward for Africa
Johannesburg was the centre of an important legal and interfaith conversation on 8 August 2026, when the Africa South Area of the J. Reuben Clark Law Society (JRCLS) hosted the 2026 Africa Tri-Area Conference under the theme, “The Rule of Law in Africa: Lessons Learned, Pathways Forward”.
Held as a hybrid event at The Church of Jesus Christ of Latter-day Saint’s Bedfordview Chapel Hall in Johannesburg, South Africa, the conference brought together legal professionals, academics, judges, government officials, religious leaders and students to reflect on how the rule of law can be strengthened while preserving religious freedom. Nearly 100 attendees joined in person, with almost 40 additional participants connecting online from across Africa and the United States.
JRCLS Africa South Events Chair Dorcus Marumo served as programme MC and welcomed participants to the gathering. Opening remarks were delivered by Siya Mkhize, Area Chair of the JRCLS Africa South Area, who introduced the conference theme and invited attendees to consider the relationship between the rule of law and religious freedom. He emphasised that the two principles are mutually reinforcing in a free and democratic society.
Elder Carlos A. Godoy, Area President of The Church of Jesus Christ of Latter-day Saints in the Africa South Area, opened the discussion by noting that religion is part of the moral fibre of society and must be preserved. He highlighted the close relationship between societies that uphold religious observance and those that respect the rule of law.
Judge Lebogang Modiba, Acting Deputy Judge President of the High Court of South Africa, Gauteng Division, delivered a keynote address highlighting the inseparable link between judicial independence, the rule of law, and religious freedom in Africa. She argued that judicial independence is not merely a safeguard for judges, but the constitutional mechanism that enables courts to protect fundamental rights, particularly when religious minorities or unpopular groups face governmental or societal pressure. Drawing on examples from across the continent, she emphasized that freedom of religion becomes meaningful only when independent courts can enforce constitutional guarantees impartially and without interference. Judge Modiba challenged religious freedom advocates to recognise that defending religious liberty requires defending judicial independence, as rights can be protected only when courts remain free, impartial, and capable of upholding the rule of law for all.
A series of invited speakers then offered comparative perspectives from across the continent. Dr. Jostina da Graça, Deputy National Director of Religious Affairs for Mozambique, explained that religious freedom is not a concession granted by the state, but a fundamental human right. She noted that Mozambique’s Constitution protects the right to believe, not believe, change religion and practise faith individually or collectively, adding that religious communities are both beneficiaries and custodians of this freedom.
Professor Shaun de Freitas of the University of the Free State addressed associational autonomy and the role of law in family, religious association, constitutional law and the rule of law. He emphasised that religious self-governance is an important feature of constitutional democracy and helps protect individuals and communities from overreach by the state or other entities.
Wellington Magaya, Chair of the JRCLS Zimbabwe Chapter, reflected on the importance of the rule of law in a democratic society, particularly where judicial independence is under scrutiny. Drawing on recent constitutional developments in Zimbabwe, he noted that political uncertainty can test legal institutions, while also affirming that religious freedom remains strongly protected under Zimbabwe’s Constitution.
Lloyd Allen, Area Legal Counsel for The Church of Jesus Christ of Latter-day Saints Africa South Area, added an international legal perspective on the status of religious freedom in the Africa South Area. The session was followed by questions moderated by Trevor Keyes, Chair of the JRCLS South Africa Chapter, which allowed participants to engage more deeply with the legal and practical issues raised.
After lunch, the final session was chaired by Wonga Simayile. Advocate Sphelele Zulu, Manager Investigator for the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission), presented South Africa’s experience in balancing religious freedom with church self-regulation. She explained that rather than imposing a state licensing regime, the Commission has encouraged religious communities to set and enforce their own standards within an enabling framework.
Liesl Pretorius, Head of Legal for Freedom of Religion South Africa, presented on the topic “Accountability Without Permission,” outlining a draft self-regulation framework for the Christian sector. Her presentation encouraged collaboration between religious bodies and government to promote transparency and accountability while safeguarding freedom of religion.
Khanyisani Zitumane, Chair of the JRCLS South Africa Student Chapter, brought a younger person’s perspective to the discussion, speaking about the challenges youth face as they prepare for a future in which religious freedom and the rule of law must coexist peacefully.
The conference concluded with an engaging panel discussion moderated by Professor Werner Nel of the University of Johannesburg, featuring Dr. da Graça, Professor de Freitas, Advocate Zulu and Ms Pretorius. Panellists reflected on lessons learned and practical pathways for strengthening both the rule of law and religious freedom across Africa. Key themes included continued collaboration, legal education, institutional integrity and respect for fundamental human rights.
The event underscored the Law Society’s commitment to bringing lawyers, judges, students, academics, government officials and religious leaders together in support of fundamental freedoms. By creating space for constructive dialogue across jurisdictions and professional backgrounds, the JRCLS continues to promote respect for the rule of law and the protection of religious liberty throughout Africa.
The organisers expressed appreciation to the JRCLS Tri-Area Conference organising team, whose dedication contributed to the success of the event, including Siya Mkhize, Dorcus Marumo, Wongalethu Simayile, Trevor Keyes, Khanyisani Zitumane, Jill Jasperson and Zanele Zondi.
Special thanks to Siya Mkhize for his contributions to this article.
