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1. 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.
Answer 1:
Introduction
In South Africa, the interplay between a learner’s individual rights and the school's code of conduct
often leads to legal disputes, particularly concerning hairstyles and the wearing of jewelry. Two
landmark cases illustrate how the courts have navigated these disputes: the case involving a learner's
Rastafarian dreadlock hairstyle and the case concerning a learner wearing a nose-stud. This essay
will examine these cases, focusing on the courts' interpretation of various rights, such as the right to
freedom of religion, culture, and expression, and the role of school governing bodies in enforcing
codes of conduct.
Case 1: Learner’s Rastafarian Dreadlock Hairstyle
Case Reference: Prince v President of the Law Society of the Cape of Good Hope (2002).
While this case is primarily about the use of cannabis for religious purposes, it has implications
for the interpretation of religious rights in the context of hairstyles.
Facts: Gareth Prince, a Rastafarian, challenged the prohibition of cannabis as it conflicted with
his religious practices. Although not directly about school codes of conduct, the case
highlighted the importance of religious expression.
Court's Findings: The Constitutional Court acknowledged the significance of religious
practices and the importance of accommodating religious diversity. However, it also
emphasized the need to balance individual rights with broader societal interests.
Application to School Context: In school settings, this principle suggests that while schools
must respect religious practices, including Rastafarian dreadlocks, they can impose certain
restrictions if they serve a legitimate purpose, such as maintaining discipline and order,
provided these restrictions are reasonable and justifiable.
Case 2: Wearing of a Nose-Stud by a Learner
Case Reference: MEC for Education, KwaZulu-Natal, and Others v Pillay (2008). This case
directly addresses the conflict between a school's code of conduct and a learner's cultural and
religious practices.
