Anger flares over headscarves

THE Muslim community is up in arms over the Department of Health’s new dress policy prohibiting nurses from wearing headscarves.

According to a circular, signed by director-general (DG) Sandile Buthelezi and sent to all provincial Health Department heads regarding the implementation of the national nurses’ uniform policy, it stipulated under the dress code that headscarves were not allowed while on duty.

It states the circular intends to guide the implementation plan for the National Policy on Nurses Uniform approved by the National Health Council committee on March 30. Transitioning will commence in January 2024 to January 2025.

The policy also states that moustaches and beards must be neatly trimmed and should be aligned to mask fitness testing prescripts of occupational health. Hair needs to be clean and neat, and should be tied if longer than shoulder length, while wigs and extensions should be able to fit into a theatre cap.

Honey Allee, nursing director at the Islamic Medical Association of South Africa (Imasa), said there were so many other issues going on in the Department of Health, yet they wanted to interfere with religion.

She said: “As a Muslim nurse, I have a specific identity, and a headscarf one wears 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?

‘They are discouraging Muslim women from taking up the nursing profession. As it is, people are leaving the country and taking jobs elsewhere. We have a serious problem here. We live in a pluralistic society that is diverse. We all appreciate our government’s commitment to freedom of religion and now this is going against our

nation’s Constitution.”

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 to our letter,” said Moosa.

In his letter, he said they had serious reservations about the prohibition of nurses wearing headscarves.

He wrote: “While we understand the importance of maintaining a professional appearance in health-care settings, we believe that these regulations overlook significant key considerations. Headscarves hold immense cultural and religious significance for many individuals, serving as symbols of identity, modesty and personal faith.

“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’s 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 the respective personnel working in that particular department prior to 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. It is imperative for any department to consider these rights before formulating any policy. The SANDF vs Major Fatima Isaacs (January 2021) has provided a notable precedent in accommodating religious practices in a working environment,” said Mahomedy.

Foster Mohale, the Health Department spokesperson, said the prohibition of headscarves was taken following 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 2023. 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 may wear their headscarves en route to work and home but not at work.

“Moustache and beard must be neatly trimmed and should be aligned to mask fitness testing prescripts of occupational health. Any traditional adornments on the torso should be worn under the clothes and should not be visible. While on duty, no traditional adornments should be worn from the elbow downwards while providing patient care for infection prevention and control reasons,” he said.