N$1.25 million lawsuit over forced jail dreadlock cut

Brian Jaftha is suing Namibia’s prison services and the safety and security ministry for N$1.25 million after his dreadlocks were forcibly removed in what he said marked a devastating loss.Dreadlocks hold profound spiritual, cultural and symbolic significance for Rastafarians, serving as a powerful emblem of their faith and identity.Jaftha, who is serving a two-year sentence for possession of marijuana at Windhoek Central Prison, is representing himself in the lawsuit.In his particulars of claim, he recounts that he was forced to cut off his hair upon his admission to the prison on 16 October 2023.The forced removal of his dreadlocks occurred despite his belonging to the Rastafari faith and the fact that the dreadlocks, which he had been growing for over 20 years, symbolise his dedication to his faith and its dietary restrictions.In his claim, Jaftha underlined that dreadlocks signify his adoption and adherence to the Nazarene vows. ‘Devastating’ impactIn court papers, he notes that over the past year, prison guards have continued to engage in “irrational and malicious acts” by denying him his right to uphold and practice his religion and by forcing him to cut his dreadlocks.The guards are reportedly acting in accordance with a Namibia Correctional Services directive, which specifies that male prisoners are not allowed hair longer than one centimetre in length.The directive specifically rejects dreadlocks.Jaftha argues that the impact of this directive on his constitutional right to live out his faith is devastating.“This is clearly an example of a distinction that is irrational and degrading and the view that our lives are not as worthy as those of other believers,” he writes.He believes that Namibia’s Rastafari community is vulnerable and marginalised and relies on the protection of the constitution and the country’s laws.“The constitution obliges the Windhoek Correctional Facility to tolerate and accommodate various faiths and cultural practices,” he notes.Demand for justiceJaftha is seeking N$125 000 for discrimination, N$125 000 for the violation of personal autonomy and bodily integrity and N$250 000 for the emotional damage he has suffered.Additionally, he seeks another N$125 000 for the ongoing violation of his human dignity, N$250 000 for the loss of the dreadlocks he has grown over 20 years and N$125 000 for the violation of his character. According to the Office of the Ombudsman, Jaftha is following the proper course of action to protect his rights, “as the enforcement of cutting off dreadlocks could potentially infringe upon various constitutional rights, including the right to dignity, freedom from cruel, inhuman or degrading treatment and freedom of religious expression, depending on the context."Fundamental rights Other rights that may have been violated in this instance, as protected by Namibia’s constitution, include the right to religious and cultural expression, equality, non-discrimination and the right to privacy," the ombudsman's office noted.“In general, correctional facilities are allowed to impose certain restrictions to maintain order, security and hygiene. "However, these restrictions must be necessary, reasonable and proportional."Convicted offenders retain fundamental rights, including the right to religious expression, the ombudsman’s office emphasised.Jaftha, who is also the president of the Rastafari United Front and the Ganja Users of Namibia organisations, is currently involved in a constitutional challenge against the criminalisation of marijuana possession in Namibia, in a separate ongoing court case.

N$1.25 million lawsuit over forced jail dreadlock cut

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Namibian Sun 2025-04-04

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N$1.25 million lawsuit over forced jail dreadlock cut

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Namibian Sun 2025-04-04

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