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‘Too loud’: S Africa court bans call to prayer at Durban mosque | News



Johannesburg, South Africa – A court has ruled the call to prayer at a mosque was too loud and ordered it toned down after a complaint from a nearby resident.

Judge Sidwell Mngadi from the Kwazulu-Natal High Court in Durban issued a court order against the mosque to ensure its call to prayer is not audible inside a neighbour’s house across the street.

The case was brought by Chandra Ellaurie who lives opposite the Madrasah Talemuddeen Islamic Institute in Isipingo Beach. Ellaurie argued the prayer call “deprived him of the enjoyment of his property rights”. 

On Wednesday, the Isipingo Institute said it will appeal the ruling.

“The proximity of the applicant’s property to that of the Madrasah and the overwhelming evidence of the making of the call to prayer … create probabilities that favour the applicant’s version that the call to prayer interferes with his private space,” Mngadi said in his judgement.

Ellaurie, a Hindu, complained the call to prayer gives the neighbourhood “a distinct Muslim atmosphere”. He also requested the institute be shut down, but Mngadi refused to make such an order.

The judge ordered the call to prayer may not be heard within Ellaurie’s house.

Mohammed Patel, chairman of the Isipingo Muslim Association, said the mosque did not intend to further use external sound amplification.

Human Rights Commission

Ellaurie had been complaining about the call to prayer since 2003 and reported it to the South African Human Rights Commission in July 2004.

At the time, the commission recommended the Isipingo Beach Muslim Association “desist from using the external sound amplifier system during the first call to prayer of each day” – which is at about 3:30am local time. It also said each call to prayer should not last longer than three minutes.

Mohamed Ameermia, commissioner at the South African Human Rights Commission, described the judgment as “shocking”. Speaking to Al Jazeera, he said the ruling violated a number of constitutional rights, including the right to equality and the right to freedom of religion.

“South Africa is a diverse nation in which people have to show tolerance and a sense of social cohesion,” said Ameermia.

The chairperson of the Muslim Judicial Council in South Africa, Moulana Abdul Kalik, told Al Jazeera the complainant had a weak case because the call to prayer was being regulated and was not “on loudspeakers”.

Kalik said the judgement “ignores the right of a religious group to manifest its religious beliefs as protected under the rights in the constitution”.

According to Pierre de Vos, professor of constitutional law at the University of Cape Town, the court made “a serious mistake” in granting Ellaurie’s complaint.

De Vos said under South African law, property owners do not have an absolute right to “undisturbed enjoyment of property” as assumed by the judge.

“Property owners are required to tolerate a degree of nuisance from their neighbours,” said de Vos.

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Muntu Blocked in Kamwenge



Alliance for National Transformation presidential candidate Gen. Mugisha Muntu has been blocked from campaigning in Kamwenge according to a statement he released earlier today.Below is the full statement:

Today in Kamwenge, as we have done since the start of the campaign season, we headed out to speak with the people. We had earlier in the week agreed on the venue with security agencies. No one had anticipated that it would rain as much as it did, making it impossible for us or the people to access.

After identifying an alternative place only 100m away from the original venue, negotiating with the owner and communicating the same to the public, we headed to the second venue only to be stopped by police.

Our policy has always been to do all we can to be reasonable, even in the face of unreasonable action on the part of the state. We engaged the police leadership in a civilized, respectable manner well knowing that they intended to not only frustrate us, but cause us to act in ways that would give them an excuse to cause chaos. This was on top of their intimidating the radio we had booked and duly paid to appear on.

While we are confident that we are on the right side of both the law and reason, we have chosen not to endanger the lives of our supporters or the general public by escalating the situation. We will do everything humanly possible to avoid a single life being lost or blood being shed on account of our campaign.

And yet this truth remains: the regime’s days are numbered.



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Is Johnson Byabashaija courting Enid Kukunda for protection?



The very amiable Commissioner General of Prisons Canon Johnson Byabashaija was recently sighted with President Y K Tibuhaburwa Museveni’s second wife Enid Kukunda as the two had a very secretive meeting in one of the city hangouts.

According to our informers, the two seem to be in a deep conversation that they wouldn’t allow a housefly pass around. However, sources further reveal that Byabashaija could have courted the second lady for protection given that he has amassed a lot of wealth and could be a subject of investigations.

Our sources reveal that Byabashaija who carries himself as Mr.I know it all hasn’t met Madam Enid alone but a host of others with connections to the centre of power in the country.

We will bring you more detail

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Bobi Wine released on Bail



Presidential candidate and kyadondo East legislator Hon. Robert Kyagulanyi Sentamu has been realeased on bail by the Iganga magistrates court where he appeared to defend himself against accusations of flouting COVID-19 campaign SOPs. A defiant Kyagulanyi took the opportunity to blast the incumbent Yoweri Museveni, whom he accuses of using state power to quell dissident.

This follows a tense week that has seen thousands injured and several dead following Hon. Kyagulanyi’s arrest earlier this week. Demonstrations and riots erupted in many parts of the country and heavy police and army deployment was seen all over the country.

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