BREAKING: Supreme Court dismisses Isipingo complaint of ‘call to prayer’
The claimant, Chandra Giri Ellaurie, claimed that the call to prayer was a nuisance.
The Supreme Court of Appeal (SCA) has dismissed a claim by an Isipingo Beach resident who said that the Islamic call to prayer (Adhaan), emanating from the Madrassah Taleemuddeen Islamic Institute, was too loud and constituted a nuisance.
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The resident, Chandra Giri Ellaurie, lives 200m from the institute, which provides Islamic studies to 340 boarding students. A ruling by the High Court in 2020 that the sound of the Islamic call to prayer should not enter Ellaurie’s home has since been set aside.
In the ruling handed down on November 24, the SCA found that Ellaurie had failed to provide evidence that the Adhaan had disrupted his life. It also ruled that his motivation for pursuing litigation was not the advancement of constitutional justice but rather his dislike of Islam.
The application was dismissed with costs.
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