SANDF hijab case postponed to January 2020

The case against Fatima Isaacs, an SANDF major charged with “failing to obey a lawful instruction” for wearing her hijab has been postponed to January. Picture: Ayanda Ndamane/African News Agency(ANA)

The case against Fatima Isaacs, an SANDF major charged with “failing to obey a lawful instruction” for wearing her hijab has been postponed to January. Picture: Ayanda Ndamane/African News Agency(ANA)

Published Nov 22, 2019

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Cape Town - The case in which SANDF Major Fatima Isaacs stands accused of willfully disobeying a lawful order to take off a Muslim headscarf worn under her uniform beret, has been postponed until January 22.

Director Defence Corporate Communication Mafi Mgobozi said: “The matter was postponed to 22 January 2020 pending a decision by the Director of Military Prosecutions (DMP) on the legal representation submitted by Major Isaacs` legal team for the withdrawal of the charges.”

Military prosecutor Louis J. van Niekerk told the judge that after the defence submitted their representation to the DMP, he submitted a response and “at this moment in time no decision has been made by the DMP and so the state requests for the postponement of the case”.

This is the second postponement of the matter this month. It was originally set to be heard on November 6. Neither Isaac’s lawyer Mandivavarira Mudarikwa from the Legal Resource Council, nor the military prosecutor objected to the postponement.

During a brief hearing before Senior Military Judge Riaan Combrink at the Castle of Good Hope, Isaacs, a clinical forensic pathologist at 2 Military Hospital in Wynberg, wore her controversial headscarf under her uniform as she stood in the dock.

Earlier in the year, during a previous hearing, Isaacs received “interim relief” from the military allowing her to continue wearing the disputed item of clothing until a final ruling is made in the matter. The relief was granted after an agreement was reached by the SANDF and the Muslim Judicial Council of South Africa. 

According to Muslim custom, women are required to cover the shape of their bodies.

@MwangiGithahu

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