South African High Court Upholds Hindu-Indian Student's Right to Wear Nose Stud

The Constitutional Court of South Africa yesterday, in KZN MEC of Education v Pillay, (SA Const. Ct., Oct. 5, 2007) held that the Durban Girl’s High School had illegally discriminated against an Indian/ Hindu student by refusing to permit her to wear a nose stud to school. The majority held that the school’s prohibition on wearing jewelry had the potential for indirect discrimination because it permitted some students to express their religious and cultural identity, while denying that right to others. (Court’s Media Summary of decision.) Interpreting South Africa’s Equality Act of 2000, the majority held that generally schools must grant exemptions from dress code requirements for sincerely held religious and cultural practices. However this is not so where the exemption would pose a real possibility of disruption or where a religious or cultural practice is insignificant. Also private schools may have more leeway than public ones in enforcing dress requirements. SABC News reported on the decision. (See prior related posting.)