By Chiluba Kabinga
In the recent years, it has been nearly impossible to listen to the news or visit our various social media platforms without coming across a form of religious exploitation in the church. A prophet or pastor often promising healing or financial liberation at a price of sowing a seed is the order of the day. But what exactly is religious exploitation and how can the Zambian people be protected from this grave problem?
In this article, I attempt to shed some light on religious exploitation, it’s implications on the Zambian people and to discuss ways in which the legislation can put an end to the problem.
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What is religious exploitation?
Religious Exploitation refers to making use of spiritual ideas for personal gain or selfish motives. In other words, religion becomes a means of acquiring wealth and fame and not a way to help people. Religious Exploitation occurs when religious leaders use their power or influence to take advantage of people by manipulating them to provide money, sexual favours and even property in exchange for healing and financial transformation. Spiritual leaders often ply on the faith and especially the ignorance of people to meet their selfish ends.
The implications of Religious exploitation
Some of the implications of Religious Exploitation that have led to the need for legislation include:
Financial exploitation: This perhaps is the most common feature of Religious exploitation. People are often manipulated into giving money to religious leaders in order to obtain spiritual blessings from God. Although giving or donating money to the church is a noble religious practice, it is has been misrepresented to benefit Spiritual leaders. The church has begun to operate as a business through the selling of spiritual blessings as opposed to a place of evangelism and a channel through which services are provided to the needy and vulnerable in the society.
Health endangerment: Fake pastors or prophets have also been known for feeding false information to their congregants, particularly those affected by HIV and are on ART, by instructing them to stop taking their medication in order to obtain a miraculous healing. This is in line with the belief that taking medication is a lack of faith in God who is able to heal them through prayer. This has brought about serious implications on people’s health.
Sexual exploitation: This form of exploitation is mostly common among female congregants. Religious leaders often obtain sexual favours from women or girls with a false representation of the act. Vulnerable women seeking refuge from their various problems are often persuaded into believing that having sexual relations with the spiritual leader will liberate them from their problems.
Legal framework
Even though Religious exploitation is not explicitly addressed in the law,and can be admittedly difficult to legislate without infringing people’s rights to religious freedom prescribed in the constitution of Zambia, the law has certainly been of help in curbing this problem.
The Penal Code, Chapter 87 of the Laws of Zambia has provisions relating to false pretences and intent to deceive. Section 308 defines false pretence as ‘any representation made by words, writing or conduct, of a matter of fact or of law, either past or present, including a representation as to the present intentions of the person making the representation or of any other person, which representation is false in fact, and which the person making it knows to be false or does not believe to be true…’
Furthermore, s. 309 elaborates on obtaining goods by false pretences and s. 309A subsection (1) of the Act provides for obtaining pecuniary advantage by false pretences in which a person is guilty of misdemeanor and is liable to imprisonment for three years. Section 310A further addresses the intent to deceive another person into believing what is false to be true and what is true to be false.
Section 132 of the Penal Code defines rape as ‘as any person who has unlawful carnal knowledge of a woman or girl without her consent or with her consent, if the consent is obtainable… by means of false representations as to the nature of the act…’ s.133 of the Act further provides for the punishment of rape.
Chapter 119 of the Laws of Zambia Societies Act provides that all societies are required to register under the Chief Registrar of Societies. This ensures that societies such as churches are not registered under PACRA and merely operating as private companies but are more accountable to Registrar of Societies.
Furthermore, administrative provisions put in place by the Ministry of Religious Affairs and National Guidance stipulate that leaders are required to submit their professional qualifications from a recognised and reputable bible school. Other documents include a recommendation letter from a religious mother body such as Evangelical Fellowship of Zambia (E.F.Z), Independent Churches of Zambia or Christian Council of Zambia (C.C.Z), Apostle’s Council of Churches (ACOC) and a confirmation letter from the place of worship which must be cleared by the Police and local council.
Way Forward
Morality and ethics are enshrined in the national principles of the constitution. Therefore, it is the mandate of the law that religious exploitation in churches is taken seriously and prohibited. While the registration process of churches prescribed in the laws of Zambia is admirable and certainly helpful in the reduction of religious exploitation, what happens after the church is registered. What will prevent exploitation of congregants thereafter?
Properly defining what Religious exploitation is would be useful in putting a stop to the problem. Knowing the parameters of religious exploitation would be helpful in regulating laws against it.
The cancellation of registration of churches suspected of religious exploitation is definitely progressive in eliminating the problem but further action such as prosecuting Spiritual leaders who are exploiting their congregants would be a huge step in putting an end to the religious leaders who are taking advantage of their religious freedom in this Christian nation.
Lastly, a continued and strengthened partnership between the Ministry of Religious Affairs and National Guidance and religious umbrella bodies would be helpful in ensuring effective monitoring of churches to ensure their compliance with the law.