Muslim groups await court ruling on mosques during lockdown

Muslim groups have challenged the regulations in court so that they may be able to pray in mosques during lockdown but under limitation. The Pretoria High Court is expected to hand down a ruling on the matter on Tuesday 28 April. 

Muhammed Bin Hassim Mohomed, Anas Mohammed Chotia and the As-Saadiqeen Islamic Centre are challenging President Cyril Ramaphosa to relax lockdown regulations so that they can be opened for daily prayers.

This comes after a group of 17 men, who gathered inside a mosque for prayer in Mpumalanga, were arrested by police on Friday 24 April. They were arrested for going against the Disaster Management Act, which prohibits public gatherings during the lockdown. 

Here’s what the groups are asking for 

Looking at the court papers, the plaintiffs said their challenge should not be viewed as “obstructionist conduct” to undermine the government and Ramaphosa’s efforts in combatting the pandemic. 

“The real question we ask the court to consider is whether a complete and total shutdown of the mosques and other places of worship is the appropriate measure required to contain COVID-19 in the context of prayer and worship,” the document read. 

The advocate for the group, who wishes to remain anonymous, said the plaintiffs asked for a minimum of four people to be able to pray at any one given time. 

The notice of motion says 20 people, however, the plaintiffs in argument, said they would settle for four people at a time. 

“We ask for no more than for the honourable court to consider our request to permit the reopening of places of worship with the most stringent controls which can and will avoid the spread of COVID-19. In our respectful submission, the total of the mosque is not what is required,” it stated. 

“A carefully constructed set of rules permitting the entry and exit of congregants with the appropriate screening eliminates the risk of COVID-19 spread altogether. We submit that places of worship should be permitted to operate on this basis,” it added. 

The court papers went on to say that it is a violation of Islamic law, as contained in the Holy Quran, to forcefully close mosques to prevent any worship from taking place, even in the context of the pandemic.  

Men arrested in mosque during lockdown

Members of the South African Police Force (SAPS) stormed a mosque in Masibekela in the Mbuzini area in Mpumalanga on Friday 24 April. 

Police arrested 17 men who were praying in the mosque for being in contravention of the lockdown regulations. 

A video of the incident was widely shared and SAPS were strongly criticised for using words that were deemed unnecessary during the operation.

They were accused of the derogatory use of the term “Mohammed” in reference to the Prophet Mohammed. The SAHRC’s spokesperson Gushwell Brooks said that while the police needed to do their jobs and enforce lockdown protocol — which prohibits religious gatherings — they should do so in a sensitive and cautious manner. 

“The SAHRC reiterates its call that all within South Africa should adhere to the conditions of the lockdown currently in place, which include the prohibition on gathering in groups for religious observances. The lockdown regulations are in place to protect public health through measures designed to curb the spread of the potentially fatal COVID-19 virus,” he said. 

“The Commission strongly condemns the insensitive remarks made against the Islamic religion, especially at the time when Muslims in our country and all over the world were beginning the holy month of fasting as part of their religion.”