I, the undersigned:


do hereby declare under oath as follows:

1. I am an adult male and I reside at 52 Ocean Terrace, Isipingo Beach, Durban.

2. I am a qualified Islamic theologian and I am an executive member of the Jamiatul Ulama KZN which is a Council of Islamic Theologians in the province of Kwazulu-Natal.

3. The facts herein contained are within my own personal Knowledge and both true and correct.

4. In the year 2004 at one of our Jamiatul Ulama KZN weekly meetings it was mentioned by the then administrator, Moulana Ahmed Kahthrada that slaughterers from the Rainbow chicken plant at Hammarsdale had complained that they could not recite the Tasmiyah on all the chickens due to the excessive line speed and time duration.

5. It was resolved at that meeting that there was a need for us to make a spot check at Rainbow chicken plant without the knowledge of SANHA. Mufti Zubair Bhayat who was the then secretary-general of Jamiatul Ulama KZN arranged with Yusuf Desai of Stanger to organize access for us to the Rainbow plant as he (Yusuf Desai) was a big buyer of Rainbow chickens. Accordingly, he arranged for us to undertake an inspection. At that time our Council, the Jamiatul Ulama KZN was an executive Member of SANHA (South African National Halaal Authority).

6. On the appointed date of the inspection, our delegation included Mufti Bashir Amod of Stanger, Mufti Ebrahim Desai of Darul Ifta Camperdown and myself. The specific purpose of the inspection was to establish whether the Tasmiyah was being recited on every
chicken or not. Our inspection established that:

(a) The line speed was excessive. The speed of the line on which the chickens were shackled upside down was 135 birds per minute.

(b) Three slaughterers were slaughtering. This means that each slaughterer had to slaughter 45 birds per minute.

(c) The slaughterers did not/could not recite Tasmiyah on every bird.

7. Thereafter two ex-slaughterers came to our office, who had resigned due to their conscience troubling them, to lodge the same grievance of their inability to recite the Tasmiyah on every chicken. We wrote down all the details and their testimonies.

8. Moulana Haroon Abbasomar, our then Ameer (President) of Jamiatul Ulama KZN then contacted the Jamiatul Ulama Fordsburg to arrange a meeting with them to sort out the Rainbow chicken issue as the Ummah (Muslim community) was consuming Haraam (non-halaal).

9. Mufti Zubair Bhayat and I then met with the Jamiatul Ulama Fordsburg, including Moulana Navlakhi of SANHA. At this meeting I stated that Rainbow chickens are Haraam (not halaal) on the basis of the testimonies of past and present slaughterers. Moulana Navlakhi was displeased because we did not consult with SANHA, but went as ‘businessmen’ to make the inspection. However, it was resolved at this meeting that there be a follow-up meeting with SANHA.

10. A meeting was then held at O.R.Tambo Airport in the Jamaat Khana (Prayer Room). Jamiatul Ulama KZN was represented by Mufti Ebrahim Desai and myself. The Jamiatul Ulama Fordsburg members were Moulana Ebrahim Bham, Mufti Minty and Moulana M.S.Navlakhi.

11. At this meeting I was immediately asked by SANHA’s Moulana:
“Moulana, do you still declare Rainbow Haraam?”

Before I could answer, Mufti Ebrahim Desai said to Mufti Minty that when a Muslim bears testimony regarding an issue of this nature, a doubt is immediately introduced. Mufti Ebrahim Desai also mentioned that he had personally questioned the slaughterers who had testified in the presence of our other members that they were unable to recite Tasmiyah on every bird.

It was decided at this meeting that a joint visit of Jamiatul Ulama KZN and SANHA be conducted of the Rainbow chicken plant. Sadly, on two occasions the date and time were confirmed with SANHA, but they cancelled the visit.