Concourt Allows Hindu Pupil to Wear a Nose Stud

October 5, 2007

Author: Staff Writer

Source: SABC News,2172,156990,00.html

The Constitutional Court has ruled as discriminatory, a decision by a Durban school to prevent a Hindu pupil from wearing a nose stud.

The case, which started in the Equality court in 2004, finally drew to a close today. The ruling has implications on the implementation of codes of conduct for schools countrywide.

Three years ago, Sunali Pillay attended Durban Girls' High school. She was wearing a nose stud and the school disallowed it. A legal battle involving the KZN Education MEC, the school and Pillay started.

She lost the case in the Equality court. The matter was then taken up in the Durban High court which ruled in her favour. The constitutional court agreed with that judgment.

Chief Justice Pius Langa said: "I have held that the rule prohibiting the wearing of jewellery, had the potential for indirect discrimination because it has allowed certain groups of learners to express their religious and cultural identity freely, while denying that right to others."