By Bongekile Gumede
Eid-al-Adha 2022, or Bakri Eid, is expected to be celebrated on Sunday, 10 July, and on this day, the Muslim community slaughters a lamb, a sheep or a goat to honour the sacrifice of Prophet Ibrahim (A.S.).
Two weeks ago, eThekwini Municipality issued a notice stating that anyone slaughtering for ritual or religious purposes will require a permit before even bringing the animal to their residence or area of slaughter. This has created controversy among eThekwini residents, not only in the Muslim community, but also the African community who slaughter animals regularly.
In order to remind people to apply for their permits, eThekwini Municipality released a statement which read: “The eThekwini Municipality reminds those who will be slaughtering animals on their premises for religious purposes to first apply to the City for permission – seven working days prior to the event.” The statement said the applications can be obtained from the nearest Environmental Health Services office and permission must be granted by the office before the animal is brought into the area.
The statement further read: “Applications, each assessed on their own merit, will outline the conditions that citizens need to comply with. These conditions include hygiene practices that need to be followed to safeguard the health of those who will consume the meat and conditions necessary to ensure harmony in communities. In terms of the Contravention of Red Meat Regulations 2004 (No. 1072 of 2004), framed under the Meat Safety Act 2000 (Act 40 of 2000) as well as the Public Health and Nuisance Bylaw, legal action may be taken against those who fail to comply. Incomplete forms will be null and void and for more information, contact the Environmental Health office on 031-311-3555.”
Following an enquiry by the ANC Youth League, eThekwini Municipality clarified that the statement was prompted by numerous enquiries that were received by the eThekwini Health Unit as a result of the upcoming Eid-al-Adha celebrations.
Msawakhe Mayisela, Spokesperson of eThekwini Municipality, said the municipality recognises and respects the traditional, cultural and religious beliefs of the communities and does not prohibit activities aligned to such beliefs, however, they are required to give effect to national legislation and regulations to ensure the humane slaughter of animals, to safeguard public health and the health of those who consume the meat, to prevent health-related issues and to ensure that such practices are done in the interests of harmony and respect for other people’s rights within our communities.
Mayisela said that the Red Meat Regulations, 2004, Section 128(2)(a) refers to religious purposes of the Muslim faith, and 129(1)(a) refers to indigenous religious or cultural purpose, stating that a person must “obtain written permission from the local authority of the area where such a slaughtering will take place”. Mayisela said the applicable Public Health Bylaw regulates issues relating to the keeping of animals, place of slaughter, permit for the keeping of animals, management of animal waste, fly-breeding and any other public health issues that may occur.
“Neither the Red Meat Regulations nor the relevant bylaws are new. Officials of the municipality are aware that certain circumstances may lead to applicants not being able to meet the seven-day application period, for example in funerals. In such situations, officials will deal with those applications on their own merit. The Health Unit would like to reiterate that it does not charge for any activities relating to the issuing of this permit,” said Mayisela.
He added that hygiene practices need to be followed to safeguard the health of those who will consume the meat and certain conditions need to be followed to ensure harmony in communities.
As the day of Eid-al-Adha approaches, the Springfield Weekly Gazette contacted South African Muslims Network (SAMNET) Chairman, Dr Faisal Suliman, to find out whether the community has made these applications. Dr Suliman said the SAMNET offices have been inundated with calls and concerns from the community regarding a notice issued by the eThekwini Municipality as a possible ‘selective enforcement’ of legislation regarding the Red Meat Regulations 2004, Section 128(2)(a) which surprisingly singles out and targets the Muslim community.
Dr Suliman said his community abides by 1440-year-old Islamic regulations regarding the humane treatment of animals and slaughtering in an orderly, hygienic and humane manner; and in a way that does not endanger public health. “We have been working with the SPCA for years now to ensure that humane practices in the interest of the animals and community’s health are practised. Our community is concerned with the selective nature and application of this legislation targeting Muslims.
“Many in our community feel that the Muslim community is seen as a soft and passive target and is therefore singled out. Our community is concerned that there was no engagement from the municipality with community-based organisations and religious bodies regarding how to work together to ensure the bylaws are reasonable, practical and do not infringe on our constitutionally guaranteed religious rights, while working together to ensure adherence to good practice codes,” said Dr Suliman.
He said he found it strange that eThekwini Municipality did not engage with the Muslim community on this as they do when they need assistance with relief. “Our community notices very clearly that when there is a natural disaster or need for our community to donate food parcels, put up boreholes and provide other resources for social welfare and relief, the municipality calls for engagement and meetings, yet when our fundamental religious rights are concerned the municipality acts unilaterally. Gathering from feedback and social media chats, the community is quite disappointed and in many cases, angered.”
Dr Suliman wrote a letter to eThekwini Municipality which contains all the above and also stated that there is the potential for serious problems occurring on the day of Eid-al-Adha due to the lack of consultation and joint collaboration. He urged the municipality to ensure that, as has been the practice for decades now, the Muslim community be left to self-regulate Eid practices this year and afterwards, stakeholder meetings will be arranged to work together for the following years.
“We need to discuss the legislation, practical applications and enforcement going forward. It will be quite a disturbing and troubling aspect for our community should we have any harassment and selective application of enforcement of bylaws against our community which many perceive the eThekwini Municipality to consider a soft target and we believe it is not in the interests of the municipality, nor our community, to have such tensions arise. We therefore urge you to ensure that there is proper engagement for the future. We also know that it is now too late for people to apply for permits where none have been required previously because of logistical issues at this late stage, and we believe relaxation of this requirement for 2022 will be best,” he said.
Dr Suliman emphasised that due to lack of service delivery in many other areas and the slow response from eThekwini Municipality regarding many critical issues, it would be tragic to find a sudden over-enthusiasm and zealousness from the municipality to enforce bylaws on the day of Eid-al-Adha and cause problems related to issues where no engagement has taken place with broad-based community representatives. “The enforcement of permits for 2022 is not practical, feasible nor reasonable and we urge eThekwini Municipality to relax the enforcement for 2022,” Dr Suliman concluded.
EThekwini Municipality said that all concerned parties can contact the relevant department on 031-311-3555.
