EDL3703 Assignment 2 Semester 2 2024 (351858) - DUE 28 August 2024 QUESTIONS AND ANSWERS - 3 DIFFERENT ANSWERS FOR QUESTIONS
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Course
Education Law (EDL3703)
Institution
University Of South Africa
Book
Foundations of Law and Education Law
EDL3703 Assignment 2 Semester 2 2024 (351858) - DUE 28 August 2024 QUESTIONS AND ANSWERS - 3 DIFFERENT ANSWERS FOR QUESTIONS
Assignment 2 – 28 August 2024
2. With Two Two Relevant Cases (Namely One Related To A Learner’s
Rastafarian Dreadlock
Hairstyle And Then Other To The Wearing Of A No...
EDL3703 ASSIGNMENT
2 SEMESTER 2 2024
(351858) - DUE 28
AUGUST 2024
,EDL3703 Assignment 2 Semester 2 2024 (351858) - DUE 28 August 2024
Assignment 2 – 28 August 2024
2. With Two Two Relevant Cases (Namely One Related To A Learner’s
Rastafarian Dreadlock
Hairstyle And Then Other To The Wearing Of A Nose-Stud By A Learner).
Briefly Explain How The
South African Courts Have Dealt With Disputes Between Learners And School
Governing Bodies
About Learners Hairstyles And The Wearing Of Certain Pieces Of Jewellery
Which Are Contrary To The
School’s Code Of Conduct. In Your Answer, You Must Also Discuss How The
Courts Have Interpreted
The Various Rights Affecting Such Disputes.
To address the assignment question, we need to examine two key cases: Minister
of Education v. Syfrets (2003) concerning a learner's Rastafarian dreadlock
hairstyle and Pillay v. KwaZulu-Natal MEC of Education (2007) regarding the
wearing of a nose-stud by a learner. These cases illustrate how South African
courts have balanced school codes of conduct with constitutional rights.
Minister of Education v. Syfrets (2003)
Case Summary:
• Facts: In this case, a learner who identified as a Rastafarian was required to
cut his dreadlocks to comply with the school's code of conduct. The learner's
parents argued that this requirement infringed upon their child’s religious
and cultural rights.
, • Court’s Decision: The court ruled in favor of the learner, recognizing the
importance of religious and cultural expression. It found that the school's
code of conduct was discriminatory as it did not accommodate the learner’s
religious beliefs.
• Rights Interpreted: The court emphasized the right to freedom of religion,
belief, and opinion as enshrined in Section 15 of the South African
Constitution. Additionally, it highlighted the right to equality (Section 9) and
the right to basic education (Section 29), stressing that these rights should be
upheld without discrimination.
Pillay v. KwaZulu-Natal MEC of Education (2007)
Case Summary:
• Facts: In this case, Sunali Pillay, a Hindu learner, was prohibited from
wearing a nose-stud, which was part of her cultural and religious identity.
The school's code of conduct did not allow any jewellery, except for ear-
studs for girls.
• Court’s Decision: The Constitutional Court ruled in favor of Pillay, stating
that the school’s code of conduct unfairly discriminated against her. The
court recognized that wearing a nose-stud was part of her cultural and
religious practice, which should be respected.
• Rights Interpreted: The court focused on the right to equality (Section 9)
and the right to freedom of religion, belief, and opinion (Section 15). It also
underscored the importance of cultural rights (Section 31), reinforcing that
school policies should be flexible enough to accommodate diverse cultural
practices.
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