School discrimination against Tamil Hindu child

In this matter, a high school threatened disciplinary steps against our client’s daughter, a Tamil Hindu, for wearing a nose stud in expression of her cultural practices and religious beliefs. After the Durban Magistrate’s Equality Court handed down a judgement in favour of the school, the Unit stepped in to represent the learner and her mother with an appeal to the Natal High Court. The High Court heard the matter on 21 April 2006 and on 5 July 2006, judgment was granted in favour of our clients. The Court declared the school’s decision prohibiting the wearing of nose-studs, in school, by Hindu/Indian learners, null and void. The judgment provides a positive legal precedent for cultural diversity in South Africa. The School has subsequently filed an application for leave to appeal the matter to the Constitutional Court, the hearing of which has been set down for 20 February 2007.