‘Rituals’ in the Public Sector: Appraising Cultural Practices, Professional Conduct and Labour Relations in South African Government Offices
Stewart Lee Kugara 
& Melisa Mutsa Chawaremera
Issue: Vol.6 No.9 Article 24 pp.2071 -2080
DOI: https://doi.org/10.38159/ehass.20256924 | Published online 28th August, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
This paper interrogated the legal, cultural and ethical tensions that arise when cultural and religious rituals are performed within South Africa’s public sector workspaces. It critically examined how the constitutional rights to culture, religion and belief, enshrined in sections 15, 30 and 31 of the Bill of Rights, intersect with the demands of professional conduct, public accountability, and labour relations in state institutions. In multicultural democratic workplaces, state officials increasingly encounter the delicate task of balancing constitutional entitlements with the operational imperatives of public service delivery. Drawing on the Human Rights-Based Approach, this paper examined whether workplace rituals, particularly those involving implicit or explicit pressure on colleagues to participate, constitute a violation of freedom of belief or an unjustified limitation on other fundamental rights such as dignity, equality, and freedom from discrimination. Using the controversial case of the eMkhondo South African Social Security Agency office as a focal point, the paper provided a doctrinal analysis of legislation, judicial precedent, and scholarly commentary, while exploring the extent to which South African labour law provides sufficient guidance for managing cultural plurality in professional spaces. This study highlights a critical knowledge gap in state policy: the absence of institutionalised cultural accommodation frameworks in public employment settings. This policy vacuum often leads to inconsistent practices and potential legal conflicts that compromise both workers’ rights and service delivery imperatives. This article argues for the development of constitutionally compliant, context-sensitive workplace cultural policies that allow for reasonable accommodation without undermining administrative functionality.
Keywords: Rituals, Cultural Practices, Professional Conduct, Labour Relations, South African Government Offices
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Department of Correctional Services & another and Another v Police and Prisons Civil Rights Union (POPCRU) and Others (107/12) [2013] ZASCA 40; (2013) 34 ILJ 1375 (SCA); 2013 (4) SA 176 (SCA); [2013] 7 BLLR 639 (SCA); 2013 (7) BCLR 809 (SCA); [2013] 3 All SA 1 (SCA) (28 March 2013).
Prince v President of the Law Society of the Cape of Good Hope (CCT36/00) [2002] ZACC 1; 2002 (2) SA 794 (CC); 2002 (3) BCLR 231 (CC); 2002 (1) SACR 431 (CC) (25 January 2002).
South Africa. Employment Equity Act 55 of 1998, section 6(1).
South Africa. Labour Relations Act 66 of 1995, section 187(1)(f).
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Doctor (Advocate) Stewart Lee Kugara is a Y2 National Research Foundation (NRF) rated scholar – Law and Indigenous Knowledge Systems. He is a postdoctoral fellow at the University of Limpopo, former Senior Lecturer (African Studies and School of Law – UNIVEN) and former adjunct lecturer Monash University, South Africa (Now IIEMSA). He is a former Postdoctoral Fellow: University of Limpopo – DSI/NRF Innovation Postdoctoral Fellowship (2021-3) and The Department of Science and Technology (DST) – National Research Foundation (NRF) Centre in Indigenous Knowledge Systems (CIKS) – UNIVEN – 2020. He is an interdisciplinary, intradisciplinary and multidisciplinary author with academic publications straddling the following areas; African indigenous law, intellectual property, traditional leadership, African traditional health and beliefs, knowledge management, African conflicts management, cultural astronomy, human rights, indigenous customary law, poverty and development studies, African philosophy and cultural philosophy, heritage studies and medical anthropology. He possesses excellent experience in customary legal issues (indigenous knowledge systems), research, community engagement and teaching.
Melisa Chawaremera is the Head of Law at the Independent Institute of Education’s IIEMSA campus. She brings a wealth of expertise in legal practice with a special focus on Tax Law, Constitutional Law and Administrative Law. As a certified Commercial Forensic Practitioner, she has made significant contributions to the field, including tax consultancy and pivotal research for a landmark case in a Southern African country in 2014. In 2017, Melisa transitioned from her role as a Forensics Manager with a consulting law firm in Sandton to fully immerse herself in her passion for legal education. Melisa collaborates with multiple charitable organisations to support children and women in need, aiming to promote social justice. With nearly a decade of experience in academia, she is dedicated to educating future legal professionals. Melisa has academic publications in areas including decolonisation, African customary law, education and legal education, aspects of teaching and learning, corporate law and social justice. She has been a delegate presenting at multiple conferences in South Africa and internationally. Melisa supervises and externally marks LL.M papers for the University of Johannesburg and the Johannesburg Business School, further demonstrating her commitment to legal education and research. She possesses an excellent grasp of aspects of social justice and endeavours to further critical discussions to uphold it through creating a deeper understanding of indigenous knowledge systems. She currently holds an LL.M and an LL. B Degree, both from the University of Johannesburg.
Kugara, Stewart Lee, and Melisa Mutsa Chawaremera. “‘Rituals’ in the Public Sector: Appraising Cultural Practices, Professional Conduct and Labour Relations in South African Government Offices,” E-Journal of Humanities, Arts and Social Sciences 6, no. 9 (2025): 2071-2080, https://doi.org/10.38159/ehass.20256924.
© 2025 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).
