Muslim Man Barred From Masvingo High Court Over Religious Attire

A 78-year-old Muslim man was reportedly barred from entering the Masvingo High Court two weeks ago because of his religious attire.

Adams Asipu, who had travelled from Harare to attend a relative’s bail hearing, was wearing a “thawb” — a long, ankle-length robe commonly worn by Muslim men.

According to The Masvingo Mirror, Asipu was seated in the court’s reception area when a police officer approached him and told him he could not enter the courtroom dressed in the garment.

When he later entered Courtroom A, the same officer followed and escorted him out. As a result, Asipu was forced to wait in his car for the duration of the proceedings.

Prominent lawyer Trust Sengwayo criticised the police’s actions, saying they were unlawful and discriminatory.

He argued that there is no statute or regulation prohibiting the wearing of a thawb in court, and that the officer’s conduct violated Section 60 of the Constitution, which protects freedom of religion, and Section 56, which guarantees equality and prohibits discrimination on religious grounds. 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.”

National Police Spokesperson Commissioner Paul Nyathi referred all questions to the Judicial Service Commission (JSC) when contacted for comment by the Masvingo Mirror.

Meanwhile, the President of the Supreme Council of Islamic Affairs in Zimbabwe, Sheikh Ishmail Duwa, said wearing a “thawb” is permissible in court.

He explained that the Supreme Council, which oversees all Islamic affairs in the country, recognises the “thawb” as formal religious attire and sees no legal or moral basis for its prohibition. He said:

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

Asipu had travelled to attend the appeal hearing of Ali Allan Mamudu (53), who was sentenced to 12 years in prison by the Masvingo Magistrates Court for unlawful possession of 175 kilogrammes of dagga worth US$22,000.

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