ConCourt to hear appeal against nose stud ruling

The High Court overturned an Equality Court decision last year, finding that Durban High School had discriminated against Sunali Pillay and that the discrimination was unfair. The High Court declared the decision prohibiting the wearing of a nose stud, in school, by Hindu/Indian learners to be null and void. When the Department of Education and the school applied for leave to appeal they argued that this case was important because it affected all schools. The school contends that Sunali is not discriminated against. It submits that a uniform is an important part of maintaining discipline and a high standard of education at schools and that it is better placed than a court to determine appropriate behaviour at the school. Sunali’s mother argues that the decision not to allow Sunali to wear the nose stud violates Sunali’s rights to equality under the Promotion of Equality and Prevention of Unfair Discrimination Act, as well as her constitutional rights to freedom of religion and freedom of expression. Three organisations have been admitted as amicus curiae in the matter. The Governing Body Foundation represents more than 500 public schools and argues against permitting the nose stud. The Natal Tamil Vedic Society Trust represents the interests of Tamil language and culture and respect for cultural diversity generally. It argues in favour of Sunali’s right to wear the nose stud. Finally, the Freedom of Expression Institute promotes freedom of speech and opposes censorship. It argues that banning the nose stud violates Sunali’s right to freedom of expression.