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South Africa decisions
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Radebe and Others v Principal of Leseding Technical School and Others (1821/2013) [2013] ZAFSHC 111 (30 May 2013)
The court granted urgent relief to a Rastafarian learner excluded over dreadlocks, finding the school’s conduct unlawful, discriminatory, and unconstitutional.
Pillay v KwaZulu-Natal MEC of Education (AR791/05) [2006] ZAKZHC 8; 2006 (10) BCLR 1237 (N) (5 July 2006)
The High Court held that banning a Hindu learner from wearing a nose stud at school was unfair discrimination and declared the prohibition invalid.
Pillay v Kwazulu-Natal MEC of Education, Cronje and Others (AR 791/05) [2006] ZAEQC 1; 2006 (6) SA 363 (EqC) (5 July 2006)
The court found that the school code of conduct, by prohibiting the wearing of a nose stud for cultural and religious reasons, constituted unfair discrimination against the appellant, her daughter, and their group. The evidence established that the nose stud is of significant cultural and religious importance in South Indian Hindu tradition. The code of conduct failed to reasonably accommodate diversity and was inconsistent with the Constitution, the Equality Act, and the Schools Act. The court emphasised that substantive equality requires recognition and accommodation of difference, and that…
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