Durban – Mosques around the province are on high alert after a trustee of the Avondale Musallah (mosque) in Morningside was arrested for not complying with the Disaster Management Act.
The 36-year old trustee,who declined to be named, was ordered to close the mosque on Friday night. It was reopened yesterday,Sunday after attorneys representing Avondale Musallah threatened to take legal action against the police.
The trustee was charged for the contravention of the South African DMA gathering at a place of worship- to convene a prayer which is prohibited under the act and refusal to immediately disperse at a gathering after an order from an enforcement officer.
The trustee was issued with a fine of R2000 payable by February 4 or to appear before the Durban Magistrates Court on February 16. He decided to dispute the matter in court.
The trustee said police were not cooperative, arrived with seven police vehicles while they were praying and threatened to lock the congregants up in a police cell.
“This was very traumatising. I showed them a letter that the Bergville SAPS sent to its members to allow the mosque to remain open. They said this is their jurisdiction and they can do as they want. There are many discrepancies in the trail of events that followed,” the trustee said.
Independent Media had seen a letter from the SA Police legal services Umgungundlovu District in KwaZulu-Natal, that has been circulated to all the police stations in the province regarding the legal opinion of places of worship during amended alert level 3 lockdown DMA 36(3).
The letter dated December 31 2020, states that places of worship had not been closed by the government in terms of amended alert level 3 lockdown DMA regulations. The letter stated that had the government intended to close places of worship during this current amended alert level 3 lockdown it would have said so by stipulating in regulation 36(3) that all social gatherings including faith based gatherings at places of worship and faith based institutions are prohibited but the government has not said so. Government has left that to the discretion of the relevant faith based bodies/organisations.
Asif Latib Attorneys addressed a letter to the station commander of Berea SAPS on January 15,2021 on behalf of the trustees of the Avondale Musallah stating that the closure was unlawfully ordered and implemented, illegal and unconstitutional. They wanted action to be taken by the SAPS against its members. The attorneys argued that the amended DMA regulation on January 11 that mosques and religious centres are not included in those places that are specifically closed to the public. The attorneys stated they will institute an application interdicting the SAPS if the harrassment continued.
“You may enforce the prohibition against faith based gatherings but you may not close a mosque or other religious centres where attendees do not form a gathering and where all safety protocols as prescribed in law are followed,” the attorneys wrote.
“Members are therefore misguided and ignorant of the correct legal position. Their conduct will attract both civil and criminal liability in their personal capacity and as well as that of any member of the South African Police Services who continues to harass our clients,”the attorneys wrote.