SCA sets aside order muting KZN madrasah's call to prayer

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The Durban High Court in August 2020 found the call to prayer, or azaan, from the Madrasah Taleemuddeen Islamic Institute in Isipingo Beach, interfered with its neighbour, Chandra Ellaurie’s, private space and constituted a nuisance. The SCA handed down its ruling on Thursday.

JOHANNESBURG - The Supreme Court of Appeal has set aside a controversial order muting a KwaZulu-Natal madrasah’s call to prayer.

The madrasah was ordered to turn down the volume and make sure that it couldn’t be heard from inside Ellaurie’s home. In its judgment, penned by Judge Nambitha Dambuza, the appeals court found that he didn’t explain "what exactly the nature and level of the noise was, and how long it lasted in each instance" nor "what a reasonable azaan would be in the circumstances".

It said that the Constitution "guarantees the freedom to observe and manifest the different religious beliefs".

 

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