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Black pupil can keep long hair, court rules

Schoolgirl wins court battle for longer hair.
Piet Potgieter Schoolgirl wins court battle for longer hair.
Image: GOOGLE MAPS

It was sweet victory yesterday on the part of a black Limpopo pupil who had been expelled from school for keeping long hair.

This was after the Limpopo High Court in Polokwane ruled in her favour and other pupils in the country. Judge Ephraim Makgoba made a final order when he ruled that it was illegal for schools to expel pupils for keeping long hair.

The Hoerskool Piet Potgieter in Mokopane had expelled a grade 10 pupil from school on March 8 on the basis that she had kept long hair. The school was against black pupils from keeping long hair. Its policy was that black pupils were only allowed to keep their hair at 1cm length while their white counterparts could keep theirs at 4cm length.

The court had, on March 13, issued an interim order for the pupil to return to school pending presentations by the school and its principal on why the order must not be made final. Makgoba yesterday made a final order of court that black pupils should be allowed to keep long hair at the school.

His ruling also meant that as of yesterday, the law will be applicable to all pupils in South African schools to keep long hair. It also meant that it would be illegal for schools to expel black pupils for keeping long hair.

Yesterday's ruling was made in the absence of the affected pupil, who may not be named because she is a minor.

“The draft order has now been made an order of court,” said Makgoba, who is also Judge President of the provincial High Court.

He also ordered the school and its principal, Jimmy Steel, to pay the costs of the matter. However, the costs involved could not be disclosed.

Speaking after the ruling yesterday, the lawyer representing the pupil, Advocate Mphafolane Koma, said he was elated that justice had been served to his client.

“I'm happy at the ruling. It will go a long way in ensuring that the rights of all pupils in the country are respected, irrespective of their skin colour,” Koma said.

The court had also ruled that the school should make arrangements for a catch-up plan for the affected pupil.

The provincial department of education also welcomed the court's ruling.

Spokesman Sam Makondo said they were happy that the court had taken into consideration the interest of the pupil.

“It has always been our wish for the pupil to be in school. We have also made sure that the pupil is given an opportunity to make up for lost time,” said Makondo.

Approached for comment yesterday, Steel said he respected the court's ruling.

“There is nothing for me to say. The court has spoken,” said Steel.

He also confirmed that they had made a catch-up plan for the pupil.

frankm@sowetan.co.za

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