Synopsis:
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.