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Muslim barred from High Court over religious dress
3 hrs ago |
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A 78-year-old Muslim man, Adams Asipu, was prevented from entering the High Court in Masvingo two weeks ago because of his religious attire.
Asipu, who had travelled from Harare to attend a relative's bail hearing, was dressed in a thawb, an ankle-length garment with long sleeves. Police reportedly stopped him from entering the courtroom, forcing him to remain in his car throughout the proceedings.
A Masvingo Mirror reporter witnessed the incident. Asipu initially attempted to enter Courtroom A, but was followed and ejected by a police officer.
Prominent lawyer Trust Sengwayo said the police acted unlawfully. "There is no legislation prohibiting the wearing of a thawb. Police violated Section 60 of the Constitution, which guarantees freedom of religion, and Section 56, which prohibits discrimination, including on religious grounds," Sengwayo said.
Sengwayo cited the 1995 case of In Re Chikweche, where a legal practitioner was initially denied access to the High Court for wearing dreadlocks as part of his Rastafarian faith. The Supreme Court overturned the High Court's ruling, affirming the right to observe religious dress in court.
Lawyer Tafadzwa Mbwachena, representing Asipu's relative, called for greater education of officers stationed at court premises to prevent similar incidents.
Sheikh Ishmail Duwa, President of the Supreme Council of Islamic Affairs in Zimbabwe, confirmed that wearing a thawb in court is permissible. "Our dressing is not prohibited in court. Maybe the police officer didn't know that," he said.
Asipu had attended the appeal hearing of Ali Allan Mamudu (53), who was sentenced to 12 years in Masvingo Magistrates Court for illegal possession of 175kg of dagga valued at US$22,000.
National Police spokesperson Commissioner Paul Nyathi referred questions about the incident to the Judicial Service Commission (JSC), whose spokesperson, Daniel Nemukuyu, had not responded at the time of going to press.
Asipu described the treatment he received as unacceptable religious segregation.
Asipu, who had travelled from Harare to attend a relative's bail hearing, was dressed in a thawb, an ankle-length garment with long sleeves. Police reportedly stopped him from entering the courtroom, forcing him to remain in his car throughout the proceedings.
A Masvingo Mirror reporter witnessed the incident. Asipu initially attempted to enter Courtroom A, but was followed and ejected by a police officer.
Prominent lawyer Trust Sengwayo said the police acted unlawfully. "There is no legislation prohibiting the wearing of a thawb. Police violated Section 60 of the Constitution, which guarantees freedom of religion, and Section 56, which prohibits discrimination, including on religious grounds," Sengwayo said.
Sengwayo cited the 1995 case of In Re Chikweche, where a legal practitioner was initially denied access to the High Court for wearing dreadlocks as part of his Rastafarian faith. The Supreme Court overturned the High Court's ruling, affirming the right to observe religious dress in court.
Lawyer Tafadzwa Mbwachena, representing Asipu's relative, called for greater education of officers stationed at court premises to prevent similar incidents.
Sheikh Ishmail Duwa, President of the Supreme Council of Islamic Affairs in Zimbabwe, confirmed that wearing a thawb in court is permissible. "Our dressing is not prohibited in court. Maybe the police officer didn't know that," he said.
Asipu had attended the appeal hearing of Ali Allan Mamudu (53), who was sentenced to 12 years in Masvingo Magistrates Court for illegal possession of 175kg of dagga valued at US$22,000.
National Police spokesperson Commissioner Paul Nyathi referred questions about the incident to the Judicial Service Commission (JSC), whose spokesperson, Daniel Nemukuyu, had not responded at the time of going to press.
Asipu described the treatment he received as unacceptable religious segregation.
Source - Mirror
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