The Labour Court has set aside an interdict against an Imam who refused to vacate his position at the Waterloo Road Mosque in Kenwyn after he had been dismissed.
According to court papers, Moulana Mogamat Farouk Rylands was dismissed in February after 20 years of service.
However, he refused to vacate his position, which led to the Ashrafiah Trust who oversee the mosque, to apply to the Labour Court for an interdict in April this year.
They sought to have him vacate his post as Imam of the mosque and that he be interdicted from holding himself out to be the officiating Imam of the mosque and leading prayers, including Jumuah Prayers, among others.
After Rylands failed to file his answering affidavit by May 9, and also did not attend the hearing on May 26, the interdict was granted.
According to the Trust, despite the interdict, Moulana Rylands still continued to lead prayers at the mosque.
The Trust then launched a contempt of court application.
Rylands this time filed his answering affidavit in the contempt application and filed an application to rescind the interdict judgment. He also sought condonation for the late filing of both the answering affidavit and the rescission application.
Acting judge of the Labour Court, Bradley Conradie said: “The main reason advanced by Moulana Rylands for the lateness is that he was unable to afford legal representation.
“It was only on July 3, through the assistance of his local mosque community, that he secured the assistance of his current legal team who are based in Johannesburg.
“I have decided to exercise my discretion and to grant condonation.
In my view the delay is not excessive, whether in respect of the answering affidavit or the rescission application and a proper and sincere explanation has been provided by Moulana Rylands.
“It is also not disputed that nearly 500 people from Kenwyn and surrounding areas signed a petition in support of Moulana Rylands.
“The petition rejected his dismissal and called on the Trust to immediately reinstate him and to address the community to explain their actions.”
According to court papers, Rylands also submitted that the order was granted in circumstances where the judge was not aware of clause 22 of the agreement between himself and the Trust which provided that: “If any dispute between Imam and committee is unresolved, a third party (preferably an Aalim) mutually acceptable will arbitrate and rule on the matter”.
“In my view if established, it would be a defence to the Trust’s application for an interdict,” Judge Conradie said.
In setting aside the interdict, the court gave Rylands an opportunity to put up his defence.
“The Respondent (Rylands) is ordered to file his answering affidavit in the interdict application within ten court days of the date that this judgment is handed down.
“The Applicant is ordered to file any replying affidavit in the interdict application within five court days of receiving the Respondent’s answering affidavit,” Conradie ruled.
Neither lawyers for Rylands or the Trust responded to requests for comment by deadline on Tuesday.
Cape Times