Religious freedom at centre of N$1.25m dreadlock lawsuit against govt
The High Court has set 26 February for a case management conference in a matter in which Brian Jaftha, a member of the Rastafarian movement, is suing government and senior correctional officials for N$1.25 million over the forced cutting of his dreadlocks in 2023.
Jaftha is seeking N$1.25 million in damages, alternatively constitutional compensation, for alleged violations including infringement of religious freedom, discrimination, emotional distress, loss of dignity and impairment of bodily integrity.
At the centre of the dispute is the commissioner-general’s directive No. S6/2021, which requires male inmates to maintain a high degree of personal cleanliness, mandates that hair be kept short and expressly prohibits dreadlocks and certain hairstyles for hygiene and law-and-order reasons.
Jaftha is challenging the directive as unconstitutional, arguing that it unlawfully infringes his rights to religious freedom, dignity, equality and cultural expression under Articles 8, 10, 19 and 21 of the Namibian Constitution.
The postponement order was made in chambers, in the absence of the parties, by Justice Hannelie Prinsloo last Tuesday.
The parties were directed to file a joint case management report and a draft court order by 23 February.
Religious observance
Jaftha, a Namibian national, was serving a custodial sentence at the time of the incident. He claims his dreadlocks were forcibly cut during his admission to the correctional facility on 16 October 2023, despite him informing officials that he is a practising Rastafarian and that his dreadlocks form part of religious observance he says he has maintained for more than 20 years.
According to court papers, the haircut was allegedly carried out by Superintendent Simbome, acting on the instruction of Superintendent Lukas, during the reception and assessment process.
Jaftha further claims that after the incident, he remained subject to prison rules requiring him to keep a crew cut shorter than 1cm and that he was not allowed to grow his hair beyond that length until his release on parole around June 2025.
A Rule 63 statement filed in the matter records several facts as common cause.
The lawsuit is brought against the safety and security minister, Albert Kawana; the commissioner-general of the Namibian Correctional Service, Raphael Hamunyela; and senior officials at the Windhoek prison, including officers working at Windhoek prison.
Haircut requirements
The filing also sets out issues in dispute. Jaftha maintains he is a Rastafarian “by religion and culture” and claims senior standing within the Rastafarian community. He further alleges unequal treatment, arguing that female offenders are not subjected to exacting haircut requirements.
The defendants deny wrongdoing, stating that the haircut was carried out in accordance with hygiene and safety standards under the Correctional Service Act 9 of 2012 and applicable operating procedures.
They contend that religious beliefs do not exempt inmates from complying with correctional facility hygiene rules.
The parties have asked the court to determine, among other issues, how “good hygiene” should be defined in correctional settings, whether dreadlocks pose hygiene or security risks, and whether the directive constitutes a justifiable limitation of constitutional rights.
They have also proposed an inspection in loco at the Windhoek Correctional Facility to allow the court to observe grooming standards applied to male and female inmates.
The matter returns to court in February for case management.
Jaftha is seeking N$1.25 million in damages, alternatively constitutional compensation, for alleged violations including infringement of religious freedom, discrimination, emotional distress, loss of dignity and impairment of bodily integrity.
At the centre of the dispute is the commissioner-general’s directive No. S6/2021, which requires male inmates to maintain a high degree of personal cleanliness, mandates that hair be kept short and expressly prohibits dreadlocks and certain hairstyles for hygiene and law-and-order reasons.
Jaftha is challenging the directive as unconstitutional, arguing that it unlawfully infringes his rights to religious freedom, dignity, equality and cultural expression under Articles 8, 10, 19 and 21 of the Namibian Constitution.
The postponement order was made in chambers, in the absence of the parties, by Justice Hannelie Prinsloo last Tuesday.
The parties were directed to file a joint case management report and a draft court order by 23 February.
Religious observance
Jaftha, a Namibian national, was serving a custodial sentence at the time of the incident. He claims his dreadlocks were forcibly cut during his admission to the correctional facility on 16 October 2023, despite him informing officials that he is a practising Rastafarian and that his dreadlocks form part of religious observance he says he has maintained for more than 20 years.
According to court papers, the haircut was allegedly carried out by Superintendent Simbome, acting on the instruction of Superintendent Lukas, during the reception and assessment process.
Jaftha further claims that after the incident, he remained subject to prison rules requiring him to keep a crew cut shorter than 1cm and that he was not allowed to grow his hair beyond that length until his release on parole around June 2025.
A Rule 63 statement filed in the matter records several facts as common cause.
The lawsuit is brought against the safety and security minister, Albert Kawana; the commissioner-general of the Namibian Correctional Service, Raphael Hamunyela; and senior officials at the Windhoek prison, including officers working at Windhoek prison.
Haircut requirements
The filing also sets out issues in dispute. Jaftha maintains he is a Rastafarian “by religion and culture” and claims senior standing within the Rastafarian community. He further alleges unequal treatment, arguing that female offenders are not subjected to exacting haircut requirements.
The defendants deny wrongdoing, stating that the haircut was carried out in accordance with hygiene and safety standards under the Correctional Service Act 9 of 2012 and applicable operating procedures.
They contend that religious beliefs do not exempt inmates from complying with correctional facility hygiene rules.
The parties have asked the court to determine, among other issues, how “good hygiene” should be defined in correctional settings, whether dreadlocks pose hygiene or security risks, and whether the directive constitutes a justifiable limitation of constitutional rights.
They have also proposed an inspection in loco at the Windhoek Correctional Facility to allow the court to observe grooming standards applied to male and female inmates.
The matter returns to court in February for case management.
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