Cape Town – Legal representatives for long-serving SANDF member Major Fatima Isaacs will take her headscarf matter to the Equality Court, despite the case being withdrawn on Wednesday.
Isaacs was charged with “failing to obey an order” from a senior officer last year when she refused to remove her headscarf from under her formal military beret.
Isaacs works as a clinical forensic pathologist at 2 Military Hospital in Wynberg, and has been a member of the SANDF for 10 years.
The Military Court yesterday withdrew charges against Isaacs, ruling that she is allowed to wear her headwrap, subject to certain restrictions.
The restrictions are that her headwrap must not cover her ears; must be wrapped tightly; must be black in colour and be a certain texture.
Labour specialist Nazeema Mohamed, from the Legal Resources Centre, said they would take the matter to the Equality Court.
“We want the whole discrimination issue against Muslim women and other members of the SANDF not to happen again, there must be no discrimination. Discrimination is not allowed within the Constitution.
“We are not celebrating the matter needs to be dealt with in the South African courts and a judge will rule on it,” Mohamed said.
SANDF spokesperson Siphiwe Dlamini said the decision to withdraw the charges came after lengthy discussions with the Muslim Judicial Council (MJC).
“The talks looked at how these (headscarfs) could be worn in conformity with the dress code, and there was an amicable solution, including policy review as to how these things will be implemented,” he said.
He said the talks were fruitful and they saw “no reason to go on with the court case”.
“We can’t wear anything on top of the uniform, however, in this case the discussion was around how do we ensure that people can practise their beliefs and how we can be accommodating.
"We looked at our policies and how they have an impact on certain religions.”