MAN BARRED FROM HIGH COURT OVER THAWB

A Muslim man was left bitter two weeks ago after Police barred him from entering the High Court in Masvingo on account of his religious dress.

Adams Asipu (78) who had travelled from Harare to attend a relative’s bail case was dressed in a thawb, an ankle-length garment with long sleeves, like a robe. He was chased away from the courtroom in the presence of a Masvingo Mirror reporter.

Asipu was approached by a Police officer as he sat in the reception area and told not to enter the courtroom. He later entered Courtroom A and a Police officer followed and ejected him. He had to sit in his car throughout the hearing of the case.

Prominent lawyer, Trust Sengwayo told Masvingo Mirror in an interview that Police acted outside the law adding that there is no legislation that prohibits the wearing of a thawb. Police violated Section 60 of the Constitution which guarantees right to religion and Section 56 which guarantees nondiscrimination including discrimination on the grounds of religion, said Sengwayo.

“The case in point is that of In Re Chikweche, a 1995 case. In that case, Chikweche, a legal practitioner was denied the right to access the High Court wearing dreadlocks which he wore on account of his religious beliefs as a Rastafarian.

“Chikweche appealed to the Supreme Court which overruled the High Court and held that Chikweche had the right to observe his religion by accessing the court whilst wearing dreadlocks,” said Sengwayo.

Tafadzwa Mbwachena of Ruvengo Maboke Legal Practitioners who represented Asipu’s relative raised the need to educate officers stationed at courts. 

Judicial Service Commission (JSC) spokesperson, Daniel Nemukuyu did not respond up to the time of going to Press.

Asipu castigated his treatment as unacceptable religious segregation.

National Police Spokesperson, Commissioner Paul Nyathi referred questions to the JSC.

President of Supreme Council of Islamic Affairs in Zimbabwe, Sheikh Ishmail Duwa said a thawb is allowed in court. The supreme council is an apex Islamic body which responsible for all Islamic affairs in Zimbabwe.

“Our dressing is not prohibited in court. Maybe the Police officer didn’t know that,” said Duwa.

Asipu had come for an Ali Allan Mamudu (53) appeal hearing. Mamudu was sentenced to 12 years at Masvingo Magistrates Court for illegal possession of 175kg of dagga valued at US$22 000. Masvingo Mirror

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