The Department of Health’s new dress policy, prohibiting nurses from wearing headscarves on duty and “which makes no sense at all”, according to some members of the outraged Muslim community, comes into effect in January 2024.
The ruling has created an uproar, with some saying the policy is discouraging Muslim nurses from joining the profession.
Honey Allee, nursing director at the Islamic Medical Association of South Africa (Imasa), said: “As a Muslim nurse, I have a specific identity, and a headscarf … is our identity. According to Muslim theologians, the entire body is to be clad in loose-fitting, unrevealing clothing and the hair must be covered.
“Nurses wash their headgear all the time, how can that be an infection mechanism? It does not make sense at all. How are you going to get infections from scarves?”
Sunday Tribune reports that Dr Irshad Moosa, president of Imasa, said they did not know the reason specifically for the headscarf prohibition.
“We sent a letter to the Department of Health, but there has been no reply,” he said.
In his letter, he had said they had serious reservations about the prohibition of nurses wearing headscarves.
“The successful legal case of Major Fatima Isaacs versus the South African National Defence Force (January 2021) provides a notable precedent that underscores the importance of accommodating religious practices within professional environments.
“This legal victory highlighted the need to recognise the rights of individuals to express their beliefs, even within their roles as public servants. Major Isaacs’ case serves as a guiding example of how constitutional rights should be upheld within government institutions.”
He urged the department to reconsider the regulations prohibiting nurses from wearing headscarves.
Ahmed Mahomedy of the Jamiatul Ulama, a body of Muslim theologians, said the department should be engaging with personnel before implementing any new policies.
“The South African Constitution expressly allows an individual the right to practise one’s religion freely. Section 15 of the Bill of Rights upholds the rights of an individual unburdened by discrimination and undue restriction.”
Foster Mohale, Health Department spokesperson, said the prohibition of headscarves was taken after extensive consultation within provinces.
“Consultations on wearing of adornments were held with provinces as part of the policy development process and were not extended to the public. In addition, a focused consultation on wearing of headscarves and traditional adornments was held virtually on 3 March.
“The meeting was well attended by provincial nurse leaders.”
He said the resolution after further consultation was that headscarves were not allowed while on duty and that staff could wear their headscarves en-route to work and home but not at work.
Sunday Tribune PressReader article – Anger flares over headscarves (Open access)
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Muslim groups challenge nurse dress code policy
CCMA rules against Muslim pharmacist in hospital dress code challenge
Balancing PPE-use obligations and workers’ religious objections