SAHUC and SJU clash over Hajj operations in South Africa

A legal confrontation is brewing between the South African Hajj and Umrah Council (SAHUC) and the Sunni Jamiatul Ulama (SJU), over hajj operations in South Africa.

The SJU, a founding member of SAHUC and a body of theologians, has claimed that SAHUC wants to monopolise the hajj sector, undermine the rights of pilgrims and violate constitutional and competition law - a claim that SAHUC denies.

The SJU on Friday staged a peaceful protest outside SAHUC offices in Durban, Johannesburg and Cape Town.

Demonstrators held placards that read, "SAHUC cannot be referee and player", "Who regulates SAHUC?", "Stop using hajees money for your agenda" and "Down with the SAHUC Hajj mafia".

In a memorandum submitted to SAHUC, the SJU opposed proposed constitutional amendments, asserting that SAHUC aimed to become the sole operator of hajj and umrah services in the country.

It further stated that SAHUC has no mandate to enter into agreements with foreign states because only organs of state are empowered to conclude such agreements.

"SAHUC is not an organ of state. Any purported agreements by SAHUC with the ministry of Hajj in the Kingdom of Saudi Arabia is therefore ultra vires, unlawful, and void ab initio," added the memorandum.

Mohamed Tariq, executive member and spokesperson for SJU, claimed that SAHUC wanted to change from a regulator to a business.

"Who will then regulate them? We have been engaging with them to say they can't do this. It should be a consultative process. We supported SAHUC as a regulator and not a business. We are calling for accountability and transparency."

The SJU has reached out to the Department of International Relations and Cooperation (DIRCO) and the Cultural, Religious and Linguistic (CRL) Rights Commission to intervene.

Moaaz Casoo, SAHUC president, said they had offered 20 travel operators the opportunity to submit business proposals to SAHUC to serve the pilgrims for hajj 2026, but only three travel operators submitted proposals.

"SAHUC will review the proposals and if approved, how best can the three travel operators serve the pilgrims. In the last hajj season, we also had three travel operators.

"SAHUC is a facilitator for hajj in South Africa and we are merely following the new hajj rules and guidelines from the Ministry of Hajj and Umrah which we have published all 16 points on social media this past week," said Casoo.

He said SAHUC has not stopped any travel operator from submitting a proposal.

"Certain travel operators have opted not to submit any proposals to SAHUC when we have asked them to inform us of any services which they can assist the pilgrims with. We have a recording of the meeting which was shared with the operators and four travel operators even requested follow up meetings with SAHUC to further understand the proposal requirements," said Casoo.

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