Religious and Cultural Rights

Religious practices, conduct or obligation that relate to the core values and beliefs of a recognised religion and that are in conflict with any rule contained in this code of conduct will be accommodated by a deviation from this Code of Conduct by the Governing body.

Religious practices, conduct or obligations that relate to the core values and beliefs of a recognised religion and that are in conflict with any rule contained in this Code of Conduct will be accommodated by a deviation from this Code of Conduct by the Governing Body under the following conditions:

  1. The learner, assisted by the parent, must apply for a deviation from the standard school rules, if such rules conflict with or infringe on any religious rights of the learner.
  2. This application must be in writing and must identify the specific rule/s that is/are offensive to the learner’s religious right/s as contained in the Constitution of the Republic of South Africa.
  3. This application must include a reasonable interpretation of the religious rights that the learner feels are offended and a suggestion of how the rules may be supplemented by the Governing Body, to accommodate such religious rights.
  4. The learner must provide proof that she/he belongs to that specific religion and that the religious practices, rules, and obligations that are in conflict with the school’s Code of Conduct are his/her true beliefs and commitments.
  5. The religious conduct or practice must be lawful.
  6. The Governing body must consider the application and if it is satisfied that the application is justified in terms of Constitutional principles, the application will be granted in writing.
  7. When the Governing Body allows for deviations from the standard rules, such deviations must be based on core religious beliefs inherent to the religion, and it must be compulsory for the learner to comply with such beliefs.
  8. The deviation must specify the extent of the exception from the normal rules and must clearly identify the conduct that will be allowed e.g. the wearing of a head scarf, including colours and details of design; or the wearing of a specific hairstyle or jewellery – and the conditions under which such deviation will be applicable to the learner.
  9. Cultural rights will be considered if they do not relate to a religion, if such cultural rights manifest in conduct of a permanent nature that is compulsory for the cultural group. This refers to cases where the removal of the cultural jewellery or mark will cause considerable pain to the learner. Normally, cultural rights are exercised through marks and expressions of a temporary nature that are justified for a specific cultural gathering. The learner must convince the Governing Body that his/her cultural rights can be exercised only through a permanent intervention.
  10. Any request for a deviation from the Code of Conduct based on cultural rights must be in writing and must be based on a process like that contained is subparagraphs 1 to 8 above.

 

 

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