CCT51/06

[2007] ZACC 21

2008 (1) SA 474 (CC)

2008 (2) BCLR 99 (CC)

Langa CJ Majority judgment

O'Regan J separate judgment

5 October 2007

http://hdl.handle.net/20.500.12144/3050

This case was first heard in the Durban Equality Court: Pillay v KZN Minister of Education and Others, Case No. 61/2005, 29 August 2005. The decision of the Equality Court was taken on appeal to the Pietermaritzburg High Court. This is an application to the Constitutional Court for leave to appeal against the decision of the Pietermaritzburg High Court: Pillay v MEC for Education, KwaZulu-Natal, and Others 2006 (6) SA 363 (EqC); 2006 (10) BCLR 1237 (N).

Appeal from the High Court concerning the right of a learner to wear a nose stud to school. The school and the Department of Education appealed against finding that the school had discriminated unfairly against the learner in prohibiting the wearing of the nose stud. The respondent contended that the school's refusal to allow her daughter to wear a nose stud violated s. 9, s. 15, s. 16 and s. 31 of the Constitution. It was held that the school had discriminated against the learner on the grounds of religion and culture. Schools are required to affirm and reasonably accommodate difference. Majority: Langa CJ (Moseneke DCJ, Madala J, Mokgoro J, Navsa AJ, Ngcobo J, Nkabinde J, Sachs J, van der Westhuizen J concurring) Dissent: O' Regan J.