Durban: A Gauteng attorney has been reported to the Legal Professional Council (LPC) after she referred to an advocate as being “dressed like a ninja” during a virtual Concourt hearing on Thursday.
Attorney Yasmin Omar, of Zehir Omar Attorneys, has since been reported for professional misconduct.
During the online hearing, advocate Nazreen Bawa SC was representing the Women’s Legal Centre in a case about the recognition and regulation of Muslim marriages. Omar was representing the Lajnatun Nisaa-il Muslimaat (Association of Muslim Women of South Africa), one of the defendants in the matter.
The centre wanted the ConCourt to confirm an order of the Supreme Court of Appeal (SCA) made in December. The SCA had ruled that it recognised the injustice and stigma suffered by Muslim women in South Africa because of the non-recognition of marriages concluded in terms of Sharia law. It gave the state 24 months to remedy the defects in the law.
Prior to the arguments being heard on Thursday, Omar said: “Look at Nazreen Bawa. She’s dressed like a ninja. Did she always dress like that? She didn’t. She’s putting on an act today, can you see?”
Concourt Justice, Stevan Majiedt, then said: “It's Yasmin Omar that was speaking. Can people please mute?”
Justice Leona Theron then responded that she had muted Omar.
Bawa, who wore a black hijab, proceeded with her arguments. Judgment was later reserved.
Following the incident, the Women’s Legal Centre said in a statement to POST that they were considering their options in respect of formal complaints.
“There are a number of institutions that would be able to investigate such a complaint, including the Chapter 9 institutions,” said the statement.
Chapter 9 institutions include the South African Human Rights Commission and the Commission for Gender Equality.
“We need to take some time to consider our options and best recourse. As Advocate Bawa has said, we don't want the incident to overshadow the case and the plight of women in Muslim marriages. Advocate Bawa has done an exceptional job since the case was launched in 2014 and it's that work and commitment that should be highlighted."
The Legal Resource Centre also issued a statement.
"The Legal Resources Centre condemns the derogatory remarks made towards advocate Nazreen Bawa, shortly before she presented her arguments to the Constitutional Court today in Women's Legal Centre Trust v President of the Republic of South Africa, a matter which seeks recognition of Muslim marriages in South Africa."
They said while the centre acknowledged Omar's statement to another media outlet, that her comments were about something playing in the background, and were not directed at Bawa, the comments were hateful.
“And are particularly offensive given the nature of the matter before the apex court. Considering the clear recording of her comments, we stand in solidarity with the Women’s Legal Centre.
“We also endorse their statement that Ms Omar’s utterances are not only hurtful and undermine advocate Bawa’s professionalism, but they also make a mockery of Muslim women who choose to dress in line with their religious beliefs.”
Sha’ista Kazee, an advocate and executive member of the Pan African Bar Association of South Africa, said she lodged a professional misconduct complaint with the LPC against Omar on Friday.
She said the LPC was requested to investigate whether Omar was a fit and proper legal practitioner.
Kazee said in her written complaint, that Omar’s statement was made in direct reference to Bawa.
“Ms Bawa who was visible on the screen was dressed in hijab, in conformity with her religious beliefs. Ms Omar’s statement is not only a deeply personal attack on Ms Bawa’s personal beliefs but is insulting, hateful, and demeaning of Ms Bawa’s adherence to the Islamic faith and her chosen way of observing tenets of her faith in the scope of her profession as a practising advocate of the high court.
“The comparison of Ms Bawa’s hijab to that of a ninja (a covert agent or mercenary in feudal Japan), strips the importance of the hijab as a public declaration of Muslim women’s faith and their humility, to a mercenary or agent that is not to be trusted, treated with scepticism and to be avoided."
Kazee said the statement was also inherently discriminatory and prejudicial to Muslim women.
“It is deeply problematic in a diverse democratic society in that it perpetuates the othering of Muslim women on account of their dress and propagates the stereotype and narrative that women in hijab are not to be trusted, and are dressing in hijab for ulterior or covert motives.
“This narrative has a deeply painful history intertwined with colonialism, orientalism and the Western gaze on cultures and religions that are different. Ms Omar’s conduct is compounded by the facts that it was made in open court, before the full bench of judges and on the court record."
Kazee said Omar had not apologised.
“Ms Omar failed to immediately apologise to the court first, and thereafter to Ms Bawa or to address the statement with any explanation or contrition. Instead, Ms Omar issued a false statement to the public through media houses stating: ‘There was something playing in the background, and I was not referring to her at all. It was not directed at her at all. We were talking about something else’.
“This statement was issued during the court proceedings, is recorded and is a blatant falsehood. It displays a disrespect to the court, a failure for a legal practitioner to at all times conduct themselves with utmost honest and integrity, and compounds the verbal assault on Ms Bawa. It is unacceptable and unprofessional that such a statement is made by a legal practitioner in open court, especially in the Constitutional Court."
Kazee said Omar’s conduct constituted a contravention of the LPC’s code of conduct for all legal practitioners, candidate legal practitioners and juristic entities.
“The LPC is requested to investigate whether Ms Omar is a fit and proper legal practitioner and that her misconduct is dealt with in accordance with the LPC disciplinary procedures.”
Omar told the POST on Monday: “In view of the matter being referred to the LPC, an official response will be made after we send our responses to the LPC. There was no intention to make any publication on the comment. However, that ninja hijab is in no way demeaning and is a reference to the orthodox dress of conservative Muslims.”
Sthembiso Mnisi, the spokesperson for the LPC, said: "The incident has been brought to the LPC's attention. We will be sending it to the respective provincial council where the legal practitioner practices from for investigation."
Advocate Bawa had not commented at the time of publication.
The Post