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Lockdown: If casinos got leeway, why couldn't the same happen for religious gatherings, court hears

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Lockdown: If casinos got leeway, why couldn't the same happen for religious gatherings, court hears

Legal scales

23rd November 2021

By: News24Wire

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Religious groups challenging the earlier ban on faith-based gatherings have argued before the Gauteng High Court in Johannesburg that the case is about justification.

Advocate Feroze Boda SC, of the Muslim Lawyers Association, argued there could be little debate that the regulations infringed on the right to practice religion and on the right to equality, which had an added protection for religious communities because religion was a listed ground.

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"Ultimately, this case is about justification," he said.

Tuesday marked the second day of the court challenge.

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The case began when one of the applicants, the South African National Christian Forum (SANCF), filed urgent papers in the Gauteng High Court in Johannesburg to challenge the lockdown regulations that resulted in churches being closed.

The case, however, was removed from the urgent court roll in February following the announcement by President Cyril Ramaphosa, which lifted the ban, and places of worship were permitted to resume its services with a maximum of 50 people indoors and 100 people outdoors, News24 reported.

Religious groups, however, opted to continue with the notice of motion in the high court that is currently before Judge Bashier Vally.

On Monday, the court heard the ban on religious gatherings was in place, but others enjoyed access to casinos as well as restaurants.

Boda argued, "To tell a religious person that you can't go to a mosque or you can't go to church, temple, synagogue, etc, when this is an expression of their identity ... to tell them that on one occasion is enough for a court - when there is no justification - to grant redress."

Boda added that religious groups were not requesting mass gatherings, but rather the same leeway that was given to, for example casinos.

"Why on earth would this simple accommodation, that was given to casinos, cinemas, theatres, and museums, etc, not be courteously extended to religious communities?

"We are not asking for mass gatherings. We are asking for the same accommodations to be provided to us, as [it was] for others," he explained.

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