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Nose stud case decision delayed

Publish date: 31 August 2005
Issue Number: 1410
Diary: Legalbrief Today
Category: General

A Durban Girls\' High School pupil who has taken her school to the Equality Court, claiming a right to wear a nose stud, will have to wait a month to find out if she has been successful.

After a full day of evidence and oral argument yesterday, Magistrate AC Moolman said she would give judgment on September 26, according to a report in The Mercury. It notes her ruling will have an important impact on the rights of school governing bodies to set school rules and the competing rights of pupils to adhere to their traditional and religious beliefs. Navi Pillay, who brought the matter to court on behalf of her daughter Sunali, claims the wearing of a nose stud is an important cultural and religious tradition, practised by her family for hundreds of years. School Principal Anne Martin and the school\'s governing body, however, said this did not justify allowing an exception to school rules. Martin said that she stood by the decision of the governing body that the nose stud was a breach of the uniform rule and to bring Sunali before a disciplinary tribunal. The school called Hindu cultural and religious expert Dr Bisraam Rambilass, who testified that nose piercing was a cultural expression, not a religious rite. But under cross-examination, he conceded that it had significance and value and it was difficult to differentiate between what was religion and what was culture.
The Mercury report not available online

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