SCA rules in favour of Isipingo call to prayer

SCA rules in favour of Isipingo call to prayer

The Supreme Court of Appeal has set aside a high court order silencing an Isipingo Beach Madrasah's call to prayer. 


Two years ago the Durban High Court ruled in favour of Chandra Ellaurie, who had taken the Madrasah Talemuddeen Islamic Institute to court.

Ellaurie had complained that the Azaan was a noise nuisance and invaded his personal space with the first call to prayer being heard at around three in the morning.

The court ruled that that the call to prayer should not be heard on his property which is some 200 metres away.

Thursday's SCA's judgment says Ellaurie's numerous reasons in his heads of argument as to why the Madrasah should be driven out of Isipingo Beach reveal an apparent dislike for the Islamic faith.

It says the high court went on the notion that the Madrasah had to demonstrate that the Azaan was essential to practice of its religion and all Ellaurie had to prove was interference with his private space.

The judge says Ellauries application for an interdict failed to meet the legal requirements for the relief sought.

They say Ellaurie had to demonstrate that the nature and level of noise unreasonably interfered with his established right.

The court found although Ellaurie explained that the first Azaan began in the early hours of the morning, he tendered no evidence to the sound and length of the Azaan.

They say instead he tendered his profound dislike for Islam.

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