Tensions rise over Taronga Road Mosque management

Nine years later, tensions remain high over the management of the Taronga Road Mosque, as a group of community members say the Trustees have effectively taken control of the Masjid, positioning themselves as "Lifetime Trustees" who cannot be removed since 2016. 

They say these actions disregard the prescriptions established in the Trust Deed, leading to a situation where the Rondebosch East Islamic Community Trust (REICT) is not accountable to the community.

According to community member Abdool Raouf Bux, the issue at the Taronga Road masjid allegedly started in 2014 when the bulk of the current trustees questioned the integrity of a co-trustee at a public meeting with the co-trustee present. 

“The attack on their co-trustee was not mandated by the community. The trustees in their January 15, 2015 meeting minutes declared the following ‘ … resolved for practical reasons, to replace the existing Trust Deed with a new Trust Deed because Trust received a lawyer’s letter of intent to sue the trust’,” he said. 

He added that the situation had created many divisions in the community.

While the issue of the Trust Deed has been ongoing for several years, the recent dismissal of another Moulana by the trustees of Taronga Road Masjid has resulted in renewed tension in the community.

In a letter by concerned community members dated April 13, they called for the resignation of the current mosque trustees. 

The letter read: “In 2016 the incumbent trustees of REICT registered a new trust deed. This was done without the knowledge and approval of the community. In terms of the new trust deed, incumbent trustees may serve for an indefinite period and any vacancies are filled by selection and appointment of new trustees by incumbent trustees. The majority of the current trustees have thus been serving since 2012 with the remaining trustees selected and appointed by them. 

“In December 2016 a community organisation was established to challenge the removal of the community’s inalienable right to elect trustees on a regular basis to serve on REICT.  A collaborative agreement between REICT and the (organisation) was adopted and signed at a public meeting held on December 16, 2016. Included in this agreement was an undertaking by REICT to reinstate the election clauses that were removed from the trust deed."

According to the letter, the following year, the trust chairman allegedly declared the agreement null and void. 

Community members have since been trying to get the deed amended to allow them the ability to elect trustees again.

From a report by a court-appointed disciplinary panel member it further details the chronology of events. There the trustees are noted as not agreeing with the election of members. 

The report states: “We were appointed as a disciplinary panel by Judge Steenkamp on October 12, 2017. We sought to resolve the issues in an amicable and conciliatory manner. We were pleased that the parties reached an amicable settlement on December 7, 2017 that included a commitment on the way forward in respect of a serious concern placed before us.

“On 28 May 2024, the chairperson called (a panel member) to advise that the old Trust Deed would remain in place and (the panel member) sent an email to the chairperson recording inter alia: You will recall that Annexure A does not spell out the detail as everyone in the room was ad idem that the ‘trustees for life’ clause was not sustainable in the long term and that it will be removed. I was later called to be part of the review process and provided comments in 2019. You will recall that at these meetings there was consensus that the trustees for life would be removed and replaced by a selection process (not election as I suggested). I fully accept that my suggestion of elections in certain categories was not accepted by the trustees and that the decision was to follow the selection route. I cannot accept that there was any agreement that there would be no amendment and that the trust deed would remain as is with the ‘offending’ trustees for life clause.”

According to the report, on July 8, 2024, the REICT trust responded that they did not agree that an amendment of the trust deed was part of the agreement. 

On April 22, this year, Bux and another community member sought the assistance of the Muslim Judicial Council (MJC) to intervene and mediate the matter. 

The community yesterday said the MJC indicated to them they would be following up on the concerns raised.

Approached for comment on the matter this week, MJC secretary general Moulana Ismail Tofie said the MJC’s mediation and arbitration portfolio which dealt with the matter had been in the process of undergoing a transition from a different person, to him; hence they still needed to look into the matter. 

“I am currently dealing with it trying to gather all the necessary information before I pursue anything. I will have to do some research and speak to the people that dealt with the case at the time,” said Tofie.  

The REICT did not respond to requests for comment by deadline.

Cape Times