By Odwa Bafana Mkentane
Executive Director for Freedom of Religion South Africa, Michael Swain, says while strict photograph requirements for firearm licence applications are important to ensure accurate identification, these standards should be applied in a manner that respects constitutional rights to religious freedom. His remarks come as the Portfolio Committee on Police prepares to engage with Western Cape Provincial Police Commissioner Lieutenant-General Sizakhele Dyantyi over allegations that a Muslim woman’s firearm licence application was rejected because she was wearing a hijab in the photograph submitted with her application, raising concerns about possible religious discrimination in the licensing process.
The matter has sparked concerns about religious discrimination and the application of firearm licensing requirements. The complainant, Farzana Rahiman, a Parow-based social worker, says she applied for a firearm licence after experiencing two traumatic incidents while carrying out her work, including being held hostage during an armed robbery and later being threatened by a knife-wielding woman.
Speaking to VOC News, Executive Director for Freedom of Religion South Africa, Michael Swain says while strict photo standards for firearm licences are legitimate to ensure accurate identification, the regulations do not explicitly prohibit religious head coverings. A hijab leaves the face visible and is different from a face veil that conceals facial features.
“There are certain things that you can certainly do to make it clearer. But I think very importantly and never mind the fact that the whole process is probably, as I say, non-digital and therefore fairly cumbersome, but certainly an application should not be rejected outright for something as correctly as a photograph. The applicant should be told exactly what is non-compliant in the event that the process or her application is to be rejected and then given the opportunity to submit something that is compliant as a replacement. And again, officials should not routinely demand a letter from a religious leader certifying that some practice is compulsory,” said Swain.
DA MP, Nicholas Gotsell, confirmed with VOC that he is yet to send parliamentary questions to the Portfolio Committee on Police and similar matter had been raised concerning another woman five years ago, who appealed the matter and won.
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