IN CONVERSATION WITH INNOCENT MOLOI
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A Muslim social worker’s firearm licence application was reportedly rejected after she was allegedly told that her application photograph, in which she was wearing a hijab, “may not be accepted”. The incident has raised questions about whether South African law allows religious head coverings in firearm licence photographs and whether wearing a hijab can influence the outcome of a firearm licence application.
Under the Firearms Control Act 60 of 2000, applicants must meet specific requirements relating to competency, suitability and the lawful possession of a firearm. The Act does not list wearing a hijab or any other religious head covering as a reason for refusing a firearm licence application.
SAPS’s published requirements for a new firearm licence include two recent passport-sized colour photographs with a neutral background, as well as identification, a competency certificate and supporting documents. The published requirements do not expressly prohibit applicants from wearing religious head coverings in their photographs.
The issue is not entirely new. In March 2021, Parliament’s Portfolio Committee on Police called for answers after a Muslim woman alleged that her firearm licence application had been refused because she was wearing a headscarf in her application photograph. The committee raised concerns that, if the allegation was substantiated, it could amount to religious discrimination.
The Constitution provides important protections in this context. Section 9 guarantees equality before the law and prohibits unfair discrimination by the state on grounds including religion, conscience and belief. Section 15 protects everyone’s right to freedom of conscience, religion, thought, belief and opinion.
However, wearing a hijab does not automatically entitle someone to a firearm licence. Firearm ownership is regulated by the Firearms Control Act, and applicants must satisfy all the prescribed legal requirements.
The key issue, therefore, is whether a person who meets the statutory requirements can be treated differently because they wear a religious head covering. While SAPS requires applicants to submit photographs that meet certain specifications, neither the Act nor the published requirements expressly identify a hijab as a disqualifying factor.
The distinction between photographic requirements and substantive firearm-licensing requirements is therefore important. Any specific instruction given by an individual Designated Firearms Officer should be assessed against the applicable SAPS requirements, the Firearms Control Act and South Africa’s constitutional protections against unfair discrimination.
Under the Firearms Control Act 60 of 2000, applicants must meet specific requirements relating to competency, suitability and the lawful possession of a firearm. The Act does not list wearing a hijab or any other religious head covering as a reason for refusing a firearm licence application.
SAPS’s published requirements for a new firearm licence include two recent passport-sized colour photographs with a neutral background, as well as identification, a competency certificate and supporting documents. The published requirements do not expressly prohibit applicants from wearing religious head coverings in their photographs.
The issue is not entirely new. In March 2021, Parliament’s Portfolio Committee on Police called for answers after a Muslim woman alleged that her firearm licence application had been refused because she was wearing a headscarf in her application photograph. The committee raised concerns that, if the allegation was substantiated, it could amount to religious discrimination.
The Constitution provides important protections in this context. Section 9 guarantees equality before the law and prohibits unfair discrimination by the state on grounds including religion, conscience and belief. Section 15 protects everyone’s right to freedom of conscience, religion, thought, belief and opinion.
However, wearing a hijab does not automatically entitle someone to a firearm licence. Firearm ownership is regulated by the Firearms Control Act, and applicants must satisfy all the prescribed legal requirements.
The key issue, therefore, is whether a person who meets the statutory requirements can be treated differently because they wear a religious head covering. While SAPS requires applicants to submit photographs that meet certain specifications, neither the Act nor the published requirements expressly identify a hijab as a disqualifying factor.
The distinction between photographic requirements and substantive firearm-licensing requirements is therefore important. Any specific instruction given by an individual Designated Firearms Officer should be assessed against the applicable SAPS requirements, the Firearms Control Act and South Africa’s constitutional protections against unfair discrimination.
