- The Womens Legal Centre helps a dozen vulnerable Muslim women with big marital disputes and wants court to harm hundreds and thousands of Muslim women by getting their marital disputes resolved by just any judge and not Qadis and qualified Muslim experts whose hearts are close to the Dien. One must love the Dien to make proper judgements.
- Here are the amendments and pleas they have made to the court without consulting a single Alim. Who do the Trustees of this NGO think they are. In court Counsel have accused them of speaking with “forked tongues”. The attorney of the Jamiate KZN Brother Kazi reject their submissions below and they want government to pay the cost of their 4 Counsel who is holding the government and the Muslim community to ransom for nearly 30 days of legal costs.Do these Trustees and their employees have Islam at heart. They seem to want to set the scene to rule Muslims. Who do they think they are.
- Demands of the Trustees of the Womens Legal Centre.
The High Court to tell Parliament to make new laws to deal with Muslim Marriage Law.
Muslims to get married in terms of the Recognition of Customary Marriages of 1998.
The Department of Justice to prepare standard operating procedures for the Masters Office on how to deal with the dissolution of deceased Estates of Muslim marriages.
Muslim marital to be in terms of common law.
The effect of the pleas it is going to be argued is that Muslim Marriages will also be guided by all 4 Marriage laws of the country and adjudicated by just any judge.
The Jamiatul Ulema KZN is expected to take the lead to rebut these pleas and demands to take control out of the hands of the Ulema who they also ridiculed in Court saying they issue talaqs in pajamas in the street.
Professor Emeritus Suleman Dangor wrote in a Muslim newspaper that AL JAMA-AH stalwarts argue that the Party is devoted to uphold and promote Islamic values within the political system. Their message is that the Party is a natural home for Muslims who are concerned about ethical issues. But this mission of the Party has dramatically changed. An examination of the support the Party got in the 2016 Municipal Elections show that many voters outside the Muslim faith in looking for an alternative political Party to vote for place a premium on a leadership they can trust who come from a community that is very charitable and for whom alleviating poverty knows no religion. That’s why a large slice of our vote increasing our Councillor count from two to nine come from these voters. So politics knows no religion. This puts a fresh obligation on AL JAMA-AH to deal with the pressing issues of diverse communities. So while the Party works hard to get legal consequences for Muslim marriages, fights to get favourable zoning decisions for mosques and Islamic institutions and to vote against increasing alcohol trading hours it has to at the same time work hard on the issues of the day facing other communities outside their faith.
In the rural areas of KZN Muslim Zulu voters want to know why they must complete membership application forms as they see themselves as automatic members of the Party because they are Muslims. Voters outside the Muslim faith wants the Party to exempt them policies of the Party based solely on the Muslim faith unless it is dealing with socio-economic issues. This means that a policy conference must deal with this challenge and exempt them from certain policies because it is largely faith based. This positions AL JAMA-AH as a mainstream political party and an alternative political Party for an emerging voter base that want change and a fresh approach to service delivery issues and lawmaking.
The most conservative Ulema are also embracing AL JAMA-AH as their political Party. Muslim schools, Hafez schools and Ulooms are now asking the Party to conduct master political workshops so their graduates can see politics as a career but with a main purpose to oversee procurement practices and deal with corruption that is so rife in government and the private sector.
So the days of an easy ride in politics just to promote Islamic values is over.
AL JAMA-AH is now a Party for all communities. After the King of the Zulus has recognized Islam as an official religion of the Kingdom the Party is inundated to deliver to all Zulus irrespective of their faith. The King of the Basothos summoned the Party’s leadership to Harrismith in the Fee State politely asking for investment from the Muslim community and Muslim countries to sped up jobs for their subjects. In Estcourt in the Natal Midlands the Party has been voted in to occupy a Deputy Mayor position and after a year in the position the Party has been complimented by the Mayor for bringing stability to this municipality. The Party is also addressing the sad phenomenon of cannibalism with Inkatha in the region. In Soweto the demand to alleviate poverty presents unique challenges for the Party. Nine councilors are inadequate for the Party to deliver. So it is aiming for 100 councillors in the 2021 municipal elections and placing shadow councilors in place in the selected municipalities it feels it can get a seat.
What does AL JAMA-AH do differently to other opposition Parties to get results? The Party is outvoted by the ruling party sometimes with the support of the official opposition Party. The Party is also not represented in the national parliament.
In its efforts to get legal consequences for Muslim marriages the Party took a bold step to use the opportunities provided by the Constitution and the Courts to make its voice heard which has resulted in the ruling party approaching the Party to come up with a draft bill to give recognition to religious marriages in such a way that Muslim leaders and the community will have no quarrel with such a Bill. This is unprecedented in South African politics and the birth of a patriotic alliances whatever that means.
Cape Town has over 200 informal settlements many of its walkways, streets and pavements steeped in sewage because of inhuman sanitary policies. Communities have emptied their poo on the steps of the legislature and poo throwers have hit the headlines. During by-elections as we campaign in these areas the Party is asked what are we going to do as a small party about their sewage problems. Taking up these issues in portfolio committees and full Council is a waste of time as the party has very little speaking time and its issues brushed off. So AL JAMA-AH came up with using legislation and complaints to chapter nine institutions which led to the City of Cape Town being criminally charged by the provincial government led by its own Party members and the Public Protector and the Human Rights Commissioner finding the City guilty of neglect and using alternative dispute resolution to bring about healthy sanitorial practices in the informal settlements. This is a first for South African municipal government where delegated powers are overruled by the intervention of chapter nine institutions.
While progress has been made with regard to two key challenges for the Party it has its eye on many issues dealing with public participation in the the IDP and budgets for municipalities. At the moment this is a big scam as the City has a policy of just ticking the boxes and no real public participation. The City of Cape Town wants to kick the party off it appeals committee for voting against extending liquor trading hours but this arbitrary decision is being taken to the Party’s legal advisor and the Chief Whip has delayed this unilateral step.
A cherry on the top for the Party is that it has the ear of the national ruling Party, access to the Big 6 of the executive and a line of communication to Director Generals. This in spite of the Party not being tied to the policies of the ANC and voting against its policies when this is necessary, the only commitment being that we are united in fighting a return to white rule in South Africa.
Human rights violations with regard to lack of service delivery and environmental degradation in Masiphumelele Fish/Noord Hoek has landed the Democratic Alliance in hot water. The City of Cape Town was slapped with a Directive by the green scorpions and it got a double whammy when the Public Protector slammed it with an alternative resolution dispute mechanism in terms of the Public Protectors Act to make good on its human rights violations.
The Party has tested this with ruling ANC Party in KZN and are in talks with other Parties with history in the liberation movement in South Africa.
Al Jama-ah is positioning itself to be a partner in a three-party State in 2021.
Ganief Hendricks Ward 4 Candidate in the by-election set to take place on 2 August 2017 has made an election promise to voters in Joe Slovo informal settlement to fight for their environmental rights by ensuring that the City put in place proper sanitorial services, refuse removal services, water rights and adequate stormwater infrastructure to comply with the Constitution and the National Environmental Management Act. Residents burnt down a City Recreational Centre and My City bus because of sloppiness by City officials to provide these services.
Hendricks cut his teeth as an activist fighting for labour rights and won a landmark case for equal pay for equal work in the CCMA. Now he is getting environmental rights for residents in the Masiphumelele Township and has demanded remedial action determined by the Public Protector, the Human Rights Commission and the Director of Environmental Enforcement which is at an advance stage. Sanitation activists are looking forward to landmark findings.
Ganief is PR councillor representing the Aljama-ah political Party and has his eye on being a ward councillor to bribg about radical transfornation in service delivery in ibformal settlements.