Debate erupts over Halaal certification requirements for Khayelitsha Hospital catering

The Khayelitsha Caterers Forum is demanding the immediate removal of Halaal certification as a compulsory requirement for catering tenders at Khayelitsha Hospital - while 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.

Meanwhile, the Western Cape Department of Health and Wellness said it wished to clarify that it does not seek to exclude local businesses or undermine transformation.

In a media statement, the Khayelitsha Caterers Forum demands the immediate removal of Halaal certification as a compulsory requirement for catering tenders at Khayelitsha Hospital.

It said catering services should be inclusive, diverse, and reflective of the broader community they serve, without enforcing religious conditions that exclude others, citing that their constitutional rights were being infringed upon and called for fairness for their Christian and African traditional beliefs.

“The Khayelitsha Caterers Forum wishes to express its serious concern regarding the Western Cape Government’s decision to make Halaal certification a requirement in the tendering process for catering services at Khayelitsha Hospital," it said.

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

It added that most small and medium catering businesses in their community were not Halaal certified and did not wish to obtain such certification, detailing that it was in conflict with their religious beliefs, cultural practices, or personal convictions.

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

“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, both of Local business owners who are excluded from economic participation, and hospital patients who are not given a choice or informed consent regarding the food they consume.”

The group went further on to state that the policy undermined local economic development, contradicts government commitments to transformation and inclusion, and strips Khayelitsha businesses of fair access to public procurement opportunities in their community.

“We therefore demand the immediate removal of Halaal certification as a compulsory requirement for catering tenders at Khayelitsha Hospital. Catering services should be inclusive, diverse, and reflective of the broader community they serve, without enforcing religious conditions that exclude others,” it said.

Forum went on to threaten with legal action: "Should our concerns continue to be ignored, we reserve the right to pursue lawful and peaceful avenues to escalate this matter, including engaging the broader community and relevant oversight bodies. 

“We call on the Western Cape Government to engage with us urgently and to uphold the principles of equality, fairness, and constitutional rights.”.

The Western Cape Department of Health and Wellness said in its response that it acknowledges 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," it stated.

"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.'

It said it was committed to delivering healthcare services in a manner that was inclusive, respectful of diversity, and aligned with constitutional principles.

"Any procurement requirements applied within health facilities are designed to support patient safety, dignity, and equitable access to services, while remaining compliant with regulatory and governance obligations," it added.

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

Maulana Zakariyah Philander of the MJC Halaal Trust said: “Halal 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.

“Consuming halal food does not require religious belief, participation, or consent, and does not infringe on constitutional freedoms.

“Public hospitals have a responsibility to serve diverse populations. Without halal-compliant meals, Muslim patients may be unable to eat hospital-provided food. Providing halaal-certified meals ensures inclusive access without excluding any other group.

“Certification requirements in public procurement are lawful and common. 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.

“However, the solution lies not in removing service standards, but in supporting businesses to meet them through training, guidance, and accessible certification pathways. Halaal certification also presents a significant economic opportunity, opening access to hospitals, correctional services, schools, airlines, and broader domestic and export markets.

"With the right support, certification can strengthen competitiveness and promote local economic participation.

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."

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