Victory for expelled pupil

20 May 2013 - 02:51 By PHILANI NOMBEMBE
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Image: Times Media Group

In a David versus Goliath scenario, Lerato Radebe, 13, has won a discrimination case against a Free State school that expelled her because of her dreadlocks.

On Friday, the Bloemfontein High Court ordered Leseding Technical High School in Welkom to allow Lerato back to class and to ensure she catches up on lost schooling.

The school would not allow her on its premises because her hairstyle went against its code of conduct.

Equal Education took up the Grade 8 pupil's case after her father, Lehlohonolo Radebe, at his wits' end, approached it. In court papers, Radebe said his family followed the Rastafarian faith and that dreadlocks were an expression of their religion.

"On February 7, SGB [school governing body] members removed Lerato from school, placed her in a taxi and instructed her to direct them to her mother's workplace where they left after instructing mother and child that her dreadlocks must be removed," said Radebe.

He said his daughter was banished from attending classes until she cut her hair. She was later placed in another school.

Lisa Draga, an Equal Education lawyer, said the principal repeatedly dragged Lerato out of her class and had humiliated her since the beginning of the year. Draga said Lerato would be forced to sit in the staffroom and miss classes.

In an affidavit, Lerato said: "It gives me a painful feeling to be taken from class and not to be able to learn like my classmates just because I have dreadlocks. I just want to learn like other learners. I am worried about falling behind especially in maths."

The principal, the governing body and Basic Education Minister Angie Motshekga, among others, were listed as respondents.

Equal Education , Lerato and her family were ecstatic after the court ruling .

"The judgment didn't favour me as a father but the child who was missing classes. She is very happy to be back in class," said Radebe.

Draga said the judgment was a victory for all pupils.

"It sends a clear message to school governing bodies across the country that when governing schools they are constrained by the dictates of our constitution and the South African Schools Act, and cannot simply treat learners as they please," said Draga.

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