‘HALAAL HOSPITAAL DISCRIMINATES’ -Khayelitsha mense in uproar over hospital’s halaal certification

THE Khayelitsha Caterers Forum claims they are being discriminated against after halaal certification became a compulsory requirement for catering tenders at Khayelitsha Hospital.

While the group is demanding the immediate removal of the requirement, the Muslim Judicial Council (MJC) Halaal clarified that halaal certification was not a religious imposition on consumers or businesses but a food preparation and handling standard.

In a media statement issued, the Khayelitsha Caterers Forum said that the requirements did not reflect the community they serve and claimed that their constitutional rights were being infringed upon.

The statement read: “The Khayelitsha Caterers Forum wishes to express its serious concern regarding the Western Cape Government’s decision to make Halal certification a requirement in the tendering process for catering services at Khayelitsha Hospital.

“We believe this requirement is unfair, exclusionary, and unconstitutional, and it effectively discriminates against Black-owned local businesses within Khayelitsha. 

“Khayelitsha Hospital serves a community that is more than 90 percent non-Halal, including patients who are Christian, African traditional believers, followers of other faiths, or not religious at all.

“Many patients are not informed that the food served to them has undergone specific religious rituals. This raises serious concerns around freedom of religion, belief, and conscience, as protected by the Constitution of South Africa.

“We view this requirement as a violation of constitutional rights.”

Forum went on to threaten legal action, adding: “We call on the Western Cape Government to engage with us urgently and to uphold the principles of equality, fairness, and constitutional rights.”

In response, the Western Cape Department of Health and Wellness wished to clarify that it does not seek to exclude local businesses or undermine transformation and recognised matters of religion and culture. 

A statement read: “The Western Cape Department of Health and Wellness acknowledged the concerns raised by the Khayelitsha Caterers Forum and recognises that matters relating to food, culture, religion, and economic participation are deeply important to the communities we serve.

“The Department wishes to clarify that it does not seek to exclude local businesses or undermine transformation. 

“The primary responsibility of the public health system is to ensure that all patients, staff, and visitors receive safe, dignified, and appropriate care, including access to meals that meet diverse dietary, medical, and religious requirements for all patients.”

“The Department notes the concerns raised regarding economic participation and local business inclusion. 

“Procurement processes within the Western Cape Department of Health and Wellness are governed by applicable legislation and supply chain management frameworks, which aim to ensure fairness, transparency, and value for money, while supporting transformation objectives where permitted.”

The MJC Halaal Trust said while it supported an open dialogue, it was important to clarify several misconceptions.

Moulana Zakariyah Philander of the MJC Halaal Trust said: “Halaal certification is not a religious imposition on consumers or businesses. 

“It is a food preparation and handling standard that ensures meals are suitable for patients with specific dietary needs while remaining fully consumable by people of all faiths or none.

“Public hospitals have a responsibility to serve diverse populations. Providing halal-certified meals ensures inclusive access without excluding any other group.

Philander added: Government tenders routinely require compliance with food safety, quality, and operational standards. Halaal certification functions within this framework as a dietary and process standard, not a test of belief.”

It went on to state that it recognised the real challenges faced by local and small catering businesses in accessing public procurement.

He said: “Halaal certification also presents a significant economic opportunity, opening access to hospitals, correctional services, schools, airlines, and broader domestic and export markets.

“We call for constructive engagement between government, local business forums, and certification bodies to develop practical solutions that uphold patient rights, constitutional principles, and inclusive economic development.”