The Muslim Judicial Council (MJC) is taking the South African National Defence Force (SANDF) to the Human Rights Commission (HRC) after the army banned a Muslim major from wearing her scarf at work.
Major Fatima Isaacs, 47, appeared before a closed Military Court at the Castle of Good Hope last Tuesday where she was charged with disobeying a lawful instruction from her colonel after she refused to remove her headscarf.
The small black doekie is barely visible under her Army-issued beret and does not obstruct any military rankings or insignia.
Her legal adviser, Labour specialist Nazeema Mohamed, said the military flouted the Bill of Rights.
Mohamed said Isaacs had previously requested permission to wear her headscarf and other senior officers had given their consent.
MJC Secretary-General Sheikh Isgaak Taliep says the SANDF is infringing on Isaacs’ constitutional right.
“The MJC (SA) as the central Muslim religious institution in the Western Cape and a member of the United Ulama Council of South Africa (UUCSA) hereby confirms that it has referred the case of Major Fatima Isaacs to the SAHRC, this after the SANDF instituted (military) hearings against Major Fatima Isaacs for wearing her headscarf,” says Taliep.
He says they are determined to take the matter to the Constitutional Court, the highest court in the country, if need be.
“This form of discrimination against Major Fatima Isaacs, who wears her military uniform with pride, is a complete violation of the Bill of Rights and Freedom of Religion,” Taliep added
MJC Secretary-General, Sheikh Isgaak Taliep says the SANDF is infringing on Isaacs’ constitutional right.
“The MJC salutes Major Fatima Isaacs for her resilience and bravery against this unfair and unconstitutional treatment by the SANDF.”
The Daily Voice contacted the HRC on Tuesday, but they did not respond to inquiries.
Last week, the SANDF said they are sticking to their course of action as Isaacs knew what she was entering into when she joined the Army more than a decade ago.
Isaacs works at the Military 2 Hospital in Wynberg as a forensic pathologist.
“The regulatory framework clearly stipulates that no other clothing should be worn with the official uniform which is representative of the SANDF as a military institution, therefore members are expected to conform to that as stipulated,” SANDF spokesperson, Brigadier-General Mafi Mgobozi, said.
The court matter has been postponed to 7 August.
The MJC of SA supporting Isaacs