Faizel Patel, Radio Islam News – 27-06-2019
The Freedom of Religion in South Africa says despite The South African National Defence Force defending its position on charging a 47-year-old Muslim Major for refusing to remove her hijab, section 15 of the constitution protects the religious freedom of South Africans.
Major Fatima Isaacs, who works as a clinical forensic pathologist at 2 Military Hospital in Wynburg has been charged with willful defiance and disobeying a lawful command.
Isaacs argues that her scarf did not obstruct any military rankings or insignia, as she wore it under her formal military beret.
She appeared before the courts of military justice at the Castle of Good Hope yesterday where the matter was postponed to August.
In a statement, the SANDF says that it is a military organisation governed by prescripts and dress codes, which regulate and dictate how the uniform should be worn.
Freedom of Religion in South Africa’s Michael Swain says the decision by the SANDF is an infringement of Isaac constitutional right.
“It is a constitutionally protected right and we live in a very diverse society and typically the principle is where it is possible, these things must be reasonably accommodated. [But] it doesn’t provide any undue burden if you like on the SANDF for this to be worn. If it doesn’t provide any undue burden, than they should certainly consider letting the wearing of such a headscarf we believe.”
Labour specialist Nazeema Mohamed, who is legally advising Isaacs during her hearing, says the military is ignoring the Bill of Rights.
Listen to the interview with Michael Swain
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