The Department of Health’s contentious dress code policy proposal, which forbids nurses from wearing headscarves, should be legally challenged due to its infringement on the country’s Constitution.
By Keith Gottschalk
Your editorial of September 26 (Ban on nurses’ headscarves is Ban on nurses’ headscarfs bizarre discriminatory) is is supported by Section 15 of the Bill of Rights in our Constitution, which guarantees freedom of religion.
Barely two years ago, a manager in the Department of Correctional services suddenly started to forbid a Muslim subordinate from wearing her headscarf.
She had to appeal to the Human Rights Commission and the Equality Court, which upheld her right.
Next, an officer in the SANDF suddenly forbade a subordinate from wearing her headscarf. Again, the courts ruled that such an order was unlawful.
Now, the Department of Health proposes to ban Muslim nurses from wearing a headscarf.
This is bizarre, because all historical photos of nurses during the Victorian and Edwardian decades show that all nurses were compelled to wear a head-covering as part of their uniform!
Could the Cape Times please republish one of these photos? The courts will of course uphold freedom of religion in this case.
Must South Africa wait until a fourth state department also tries to ban headscarves, provoking more litigation?
Surely it is overdue that the president and Cabinet issue a circular directive to all state departments, reminding them of Section 15 in our Bill of Rights.
Cape Times
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