Cape Town - The charges against Major Fatima Isaacs for willfully disobeying a lawful order to take off a headscarf worn under her uniform beret have been withdrawn but could be reinstated if she does not abide by the restrictions set by the SANDF.
The outcome applies to all Muslim women in the SANDF as long as they abide within the restrictions.
However, Isaac’s Lawyer, Amy Leigh-Payne of the Legal Resources Centre said: “We are now going to the Equality Court for an application to challenge the policy because as it stands, if at a later stage she fails to observe the restrictions for whatever reason, she could be charged again.
“We consider this only a partial victory because the charges have now been dropped but we are proceeding with our challenge,” said Leigh-Payne
Military Prosecutor Louis J van Niekerk told the judge that the Director of Military Prosecutions (DMP) decided to withdraw the charges and there would be no further action taken against her as long as she agreed to ensure the headscarf was worn under her uniform beret and was “tight and did not cover her ears”.
The judgement, delivered in less than two minutes, echoed the “interim relief” rules agreed to by the SANDF and the Muslim Judicial Council of South Africa. This allowed her to continue wearing the disputed item of clothing until a final ruling was made in the matter.
Labour expert Nazeema Mohammed, who has been assisting Isaacs with her case, welcomed the withdrawal.
“It is not only a win for Muslims and Muslim women but it’s a win for South Africa. It’s a win against discrimination and a win about the rights we struggled for that can so easily be stomped on by the state which is supposed to protect those rights.”