The Gauteng High Court (Pretoria) has dismissed an application by a group of Muslim leaders and entities to declare certain parts of the lockdown regulations unconstitutional because it prohibits prayers, specifically the Muslim daily prayers, in places of worship.

The application was brought by Muhammed Bin Hassim Mohomed, Anas Mohammed Chotia and the As-Saadiqeen Islamic Centre, says a News24 report. It was opposed by the President, the Minister of Co-operative Governance & Traditional Affairs and the Minister of Health.

Judge Brenda Neukircher said in her judgment that every citizen had been called upon to make sacrifices to their fundamental rights entrenched in the Constitution. She said this was done for the ‘the greater good’, in light of the Covid-19 pandemic.

‘I cannot find that the restrictions imposed are either unreasonable or unjustifiable and thus the application must fail,’ she said.

A TimesLIVE report notes Advocate Feroz Boda SC argued for the applicants that the country was not in a State of Emergency, under which the state may remove certain rights. The National Disaster Act and the regulations by the Ministers are subject to ordinary constitutional scrutiny,’ Boda said, adding the prohibition on meetings was unconstitutional and unjustifiable.

Lawyer for the applicants, Zehir Omar, said after the judgment that the right to religion was protected by the Constitution.

Omar said the applicants will apply for leave to appeal against the judgment to the Constitutional Court.

‘All we were asking for was for regulations to be adjusted to accommodate for people to pray together in a congregation. This was for all religious groups,’ Omar said.

Full News24 report

Full TimesLIVE report

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