M v Ferreira and Others (01/03) [2004] ZAEQC 1 (7 April 2004)

M v Ferreira and Others (01/03) [2004] ZAEQC 1 (7 April 2004)

The Equality Court, by agreement between the parties, found that the conduct of the first, second and third respondents constituted unfair discrimination, hate speech, and harassment on the ground of race, in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act. The respondents acknowledged the harm caused and tendered an unconditional apology, which was accepted by the applicant and her parents. The court ordered restorative measures, including diversity training for the respondents, payment to a community creche, and an audit of the school's policies. The fourth respondent consented to an audit without admission of liability, and the fifth respondent...

Citation
[2004] ZAEQC 1
Parties
Applicant: N M; Respondent: Shannon Ferreira; Respondent: Nameer Ferreira; Respondent: Byron Shaw; Respondent: Edgemead High School; Respondent: Provincial Minister for Education in the Western Cape
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
7 April 2004
Case Number
01/03
Procedural Posture
Urgent Application / Order Following Settlement and Amended Notice of Motion
Outcome
Order granted by agreement; apology tendered and accepted; restorative measures imposed; costs borne by each party; further relief postponed.
Judges
MM Dimbaza
Legal Topics
Promotion of Equality and Prevention of Unfair Discrimination Act, Hate Speech, Racial Discrimination, School Policy Audit, Damages for Dignity Impairment, Apology and Rehabilitation
Constitutional Law Administrative Law Family and Children Promotion of Equality and Prevention of Unfair Discrimination Act Hate Speech Racial Discrimination School Policy Audit Damages for Dignity Impairment +1 more

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Parties

N M

Applicant

Shannon Ferreira

Respondent

Nameer Ferreira

Respondent

Byron Shaw

Respondent

Edgemead High School

Respondent

Provincial Minister for Education in the Western Cape

Respondent

Procedural Posture

Urgent Application / Order Following Settlement and Amended Notice of Motion

Legal Issues

  1. 1 Whether the conduct of the first, second and third respondents on 6 November 2003 constituted unfair discrimination, hate speech and harassment prohibited by the Promotion of Equality and Prevention of Unfair Discrimination Act.
  2. 2 Whether the applicant suffered impairment of dignity, pain, suffering, and emotional harm as a result of the respondents' conduct.
  3. 3 Whether the fourth respondent (school) and its officials unfairly discriminated against the applicant in their response to the incident.

Ratio Decidendi

The Equality Court, by agreement between the parties, found that the conduct of the first, second and third respondents constituted unfair discrimination, hate speech, and harassment on the ground of race, in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act. The respondents acknowledged the harm caused and tendered an unconditional apology, which was accepted by the applicant and her parents. The court ordered restorative measures, including diversity training for the respondents, payment to a community creche, and an audit of the school's policies. The fourth respondent consented to an audit without admission of liability, and the fifth respondent...

Court Disposition

Order granted by agreement; apology tendered and accepted; restorative measures imposed; costs borne by each party; further relief postponed.

Orders

  • The Provincial Minister for Education in the Western Cape is joined as the fifth respondent.
  • Applicant is given leave to amend her Notice of Motion.