Call-to-prayer protester faces crimen injuria charge

A DURBAN resident who won a high court judgment against a local Madrasah school in Isipingo Beach is facing a charge of crimen injuria.

SAPS spokesperson captain Nqobile Gwala said that a case of crimen injuria had been opened at the Isipingo police station. “A case of crimen injuria is being investigated by Sydenham SAPS. The docket was transferred from Isipingo to Sydenham. The matter is still under investigation,” Gwala said.

A complaint was lodged by Sherwood management consultant Yakoob Baig.

Baig confirmed that he had lodged the complaints of crimen injuria, hate speech and blasphemy against the Isipingo neighbour of the Madrasah Taleemuddeen Islamic Institute, who won a court interdict against it.

The order had stipulated that calls to prayer made from the Madrasah’s property must not be audible within the buildings of the neighbour’s property some 20 metres away.

The institute has indicated that it is preparing to file an appeal against the ruling.

Baig said he had lodged the complaint against the neighbour of the institute because during an interview following the court ruling, he had “emphatically made some derogatory statements impugning our religion”.

He said his attorney would also be filing a submission directly with the Equality Court. Baig said he had waited a week to see if anyone else would take action before he approached the police in his personal capacity.

“I found his utterances quite offensive and I am of the stern view that nobody should denigrate anybody’s religion. I have the greatest respect for other people’s religions and religious principles. The issue concerning religious freedom and the right to practise religion is enshrined in the Constitution and the matter is due to be vigorously challenged at a higher court,” he said.

The institute’s neighbour yesterday declined to comment on the legal action.

Meanwhile, the Jamiatul Ulama said in a statement that it had issued letters in support of the institute’s appeal against the ruling. “For generations the Adhaan (Muslim call to prayer) has been part and parcel of communities living together without any exceptions.

“It is therefore with dismay that we note a strong Islamophobic sentiment expressed by the applicant in his affidavit challenging the calling of the Adhaan, where the co-respondent, Madrasah Taleemudeen, is effectively proxy for Islam and Muslims,” the Jamiatul Ulama said.