Constitutional Court rejects Isipingo mosque complaint
The complainant, Chandra Giri Ellaurie, first took the mosque to court in 2020.
THE Constitutional Court of South Africa rejected an Isipingo Beach resident’s application to appeal about an Adhan (Islamic call to prayer) emanating from a mosque near his home on August 7.
Chandra Giri Ellaurie, who lives less than 100m from the Madrasah Taleemuddeen Islamic Institute said the Adhan was too loud, disturbed his peace, and constituted a nuisance. The institute provides Islamic studies to over 300 boarding students and the mosque is located on its property. Five daily prayers are performed, and each prayer is preceded by the Adhan, which is delivered through loudspeakers, to remind people of the Islamic faith to come to prayer.
Also read: BREAKING: Supreme Court dismisses Isipingo complaint of ‘call to prayer’
In 2020, the Durban High Court ruled that the sound of the Adhan should not be audible at Ellaurie’s property. The Madrasah Taleemuddeen Islamic Institute appealed the ruling at the Supreme Court of Appeal (SCA) and won in November 2022. The Durban High Court’s decision was also set aside. Ellaurie then took the matter to the Constitutional Court.
In the Constitutional Court’s rejection of Ellaurie’s application to appeal the SCA ruling, Sibusiso Mapossa, who is the court’s registrar, said the ruling does not engage the jurisdiction of the Constitutional Court.
“Consequently, the leave to appeal must be refused. The court has decided to award costs,” said Mapossa.
In a statement, the Madrasah Taleemuddeen Islamic Institute welcomed the court’s decision, saying the matter has finally been laid to rest.
“This is a landmark victory for the Muslims of South Africa. We wish to, once again, take this opportunity to express our heartfelt gratitude to the legal team who did a splendid job and everyone else who assisted in this matter in any way. May Allah Ta’ala reward all abundantly in both worlds,” it said.
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