A potential legal battle is brewing over the future of Hajj in South Africa. This comes after the Sunni Jamiat Ulema (SJU) accused the South African Hajj and Umrah Council (SAHUC) of overstepping its authority and sidelining key stakeholders in the pilgrimage process.
Through its legal representatives, Asif Latib Attorneys, the SJU has issued a formal demand for SAHUC to reverse recent decisions made in light of changes to Hajj operations announced by the Saudi Ministry of Hajj and Umrah. Chief among the concerns is SAHUC’s announcement that local licensed travel operators will no longer be involved in the Hajj facilitation process, with SAHUC assuming full control of coordination.
The SJU, one of 25 organisations represented on SAHUC’s National General Council, argues that the council lacks the constitutional or legal mandate to make unilateral decisions on behalf of South African Muslims.
It further claims that SAHUC has failed to operate transparently or within the parameters of South African law.
“It would appear from the recent conduct of SAHUC that it is exceeding the tenets of the powers and authority vested in it by the said agreement when clearly it has no such authority or power and may very well lack locus standi giving it any such authority.”
Furthermore, SAHUC’s agreements with the Saudi authorities are “outside the ambit” of its mandate and accuses the council of failing to prove that it is legally registered as a non-profit or non-governmental organisation.
Asif Latib, attorney for the SJU, told VOC News that the matter has escalated after SAHUC allegedly removed the Sunni Jamiat from all internal committees and platforms.
In a follow-up letter addressed directly to SAHUC President Moaaz Casoo, the SJU condemned the move, saying it effectively barred the organisation from participating in SAHUC’s operations and contradicted the council’s mission.
“It has come to our client’s attention that on receipt of the correspondence you issued a statement that was circulated to all the NGO constituents and various other persons stating that SAHUC had taken a decision, ostensibly on legal advice, to remove our client’s delegates to SAHUC, from participation in all Committees and structures within SAHUC as a result of the aforesaid correspondence,” the letter reads.
“This wrongful, high-handed, and ill-considered decision is diametrically opposed and in conflict with the Vision and Mission of SAHUC, which was purportedly created to benefit the greater Muslim community.”
The SJU has demanded the immediate reinstatement of its representatives.
When approached for comment, Casoo confirmed that the council had referred the matter to its legal team.
“This is now a legal matter between two entities. Once there is an official response from our attorneys, and the issue is resolved, we will be able to comment,” he told VOC News.
He also clarified that the council had not officially revoked the SJU’s membership but had placed it on hold temporarily, pending the outcome of the legal matter and to avoid a conflict of interest.
“Hence, they were removed from groups,” he added.
SAHUC has until Tuesday, 29 July, to respond to these allegations.
This is a developing story.
VOC News
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