Radebe and Others v Principal of Leseding Technical School and Others (1821/2013) [2013] ZAFSHC 111 (30 May 2013)

Radebe and Others v Principal of Leseding Technical School and Others (1821/2013) [2013] ZAFSHC 111 (30 May 2013)

The court found that the exclusion of the learner from her classroom and the requirement to cut off her dreadlocks constituted unlawful and discriminatory conduct, violating her constitutional rights to equality, dignity, education, and religious freedom. The evidence established that the learner was not admitted to another school and remained registered at Leseding Technical School. The respondents failed to follow lawful procedures for suspension or exclusion and did not contradict the applicants' evidence. The urgency was justified due to the ongoing deprivation of education. The requirements for a final interdict were met: the learner had a clear right to education, suffered ongoing...

Citation
[2013] ZAFSHC 111
Parties
Applicant: Lerato Radebe; Applicant: Lehlohonolo Radebe; Applicant: Selloane Motloung; Applicant: Equal Education; Respondent: Principal of Leseding Technical School; Respondent: Chairperson of the School Governing Body, Leseding Technical School; Respondent: District Director, Lejweleputswa District; Respondent: Head of Department, Basic Education, Free State; Respondent: MEC for Education, Free State; Respondent: Minister of Basic Education
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 May 2013
Case Number
1821/2013
Procedural Posture
Urgent Application / Final Order After Urgent Hearing
Outcome
Application granted. Orders issued declaring the respondents' conduct unlawful and discriminatory, interdicting further exclusion, and providing remedial measures.
Judges
N.W. Phalatsi
Legal Topics
Religious Discrimination, School Code of Conduct, Right to Education, Childrens Rights, Final Interdict, Urgent Relief
Constitutional Law Civil Procedure Family and Children Religious Discrimination School Code of Conduct Right to Education Childrens Rights Final Interdict +1 more

Case Brief

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Parties

Lerato Radebe

Applicant

Lehlohonolo Radebe

Applicant

Selloane Motloung

Applicant

Equal Education

Applicant

Principal of Leseding Technical School

Respondent

Chairperson of the School Governing Body, Leseding Technical School

Respondent

District Director, Lejweleputswa District

Respondent

Head of Department, Basic Education, Free State

Respondent

MEC for Education, Free State

Respondent

Minister of Basic Education

Respondent

Procedural Posture

Urgent Application / Final Order After Urgent Hearing

Legal Issues

  1. 1 Whether the exclusion of the learner from her classroom due to her dreadlocks constitutes unlawful and discriminatory suspension.
  2. 2 Whether the requirement to cut off dreadlocks amounts to unfair discrimination based on religion.
  3. 3 Whether the respondents' conduct violated the learner's constitutional rights to equality, dignity, education, and religious freedom.

Ratio Decidendi

The court found that the exclusion of the learner from her classroom and the requirement to cut off her dreadlocks constituted unlawful and discriminatory conduct, violating her constitutional rights to equality, dignity, education, and religious freedom. The evidence established that the learner was not admitted to another school and remained registered at Leseding Technical School. The respondents failed to follow lawful procedures for suspension or exclusion and did not contradict the applicants' evidence. The urgency was justified due to the ongoing deprivation of education. The requirements for a final interdict were met: the learner had a clear right to education, suffered ongoing...

Court Disposition

Application granted. Orders issued declaring the respondents' conduct unlawful and discriminatory, interdicting further exclusion, and providing remedial measures.

Orders

  • Leave granted for the application to be heard as a matter of urgency.
  • First and Second Respondents' conduct in banishing the learner from her classroom during school hours is unlawful and discriminatory.