Grade 12 Durban Girls' High School pupil Sunali Pillay will return to school after the July holidays proudly - and legally - wearing a small gold stud in her nose, following a precedent-setting judgment which, lawyers say, will have a broader impact on how schools are governed.
"This does not give pupils a licence to do whatever they want at school, but it is definitely a clear message to school boards that the days of putting everyone in the same mould and practising religious and cultural intolerance is over," said attorney Fritz Gaerdes from Lawyers for Human Rights.
"It is not only significant for South Africa but also for international jurisprudence because many courts overseas are grappling with the same issues of diversity."
He was commenting on Wednesday's ruling by two Pietermaritzburg Appeal Court judges overturning a decision of Durban's Equality Court that the school was justified in refusing to allow Sunali to wear a nose stud, even though she claimed that it was part of her cultural and religious tradition.
In Wednesday's judgment, Judge Dumile Kondile, with Judge President Vuka Tshabalala concurring, declared the school's actions to be "arbitrary, unlawful, unreasonable and unjustifiable" discrimination.
The judge had no kind words for the school, accusing it of "letting unfair discrimination creep in in the guise of discipline" and neglecting its "deepest commitment to the constitution" through its actions and code of conduct.
Referring to evidence that at least 30 other schools in Durban also did not allow nose studs, they said this was "systematic discrimination". Sunali's mother, Navi Pillay, said she was "delighted with the judgment".
"I have a voice and it was heard. I feel so vindicated."
Pillay approached Durban's Equality Court last year after the school threatened Sunali with discipline and possible expulsion for wearing the nose stud, which was defined as "jewellery" and outlawed by the code of conduct.
Pillay argued that the wearing of the stud was a time-honoured Hindu religious and cultural tradition and her daughter had the right to practise her religion and culture.
The principal, Ann Martin, and the governing body deemed it an "idiosyncratic practice" which the school was not obliged to accommodate.
They insisted that the school would not bend the rules for one pupil, saying if it did, it would affect its smooth running and have an impact on discipline.
While Equality Court Magistrate AC Moolman found in the school's favour, in Wednesday's judgment Kondile said it appeared that she had merely applied the code of conduct and had disregarded the issues of religious and cultural rights, which had been established by the evidence.
"It was contended by the school that Pillay chose to send her daughter there and they were aware that the school had a code of conduct, which they accepted. "The relevance of this contention escapes me... fundamental rights and freedoms cannot be waived," he said.
Finding the school's code of conduct to be inconsistent with the constitution, the Schools Act and the guidelines, he said the constitution prohibited discrimination and the Schools Act did not give the governing body carte blanche to impose its will on pupils.
The preamble to the Act clearly stated that schools should advance democratic transformation and protect diverse cultures.
"A ban against the wearing of a nose stud undermines the value of religious and cultural symbols and sends other learners the message that these beliefs and practices do not merit the same protection as other rights or freedoms.
"Had the school allowed her to wear the nose stud, it would have been demonstrating the importance of showing respect for minorities. If some pupils consider it unfair, it is incumbent on the school to instill in them the value of cultural and religious tolerance.
"Discrimination which results from a school's code of conduct is invisible as it is meted out through practices and rules that appear to be neutral, yet they operate to exclude disfavoured groups," the judge said.
He ordered: "The decision prohibiting the wearing a nose stud in school by Hindu/Indian pupils, is declared null and void."
Attorney Russell Sobey, who represented the school and its governing body, said he still needed to consult his clients, which was difficult because of the holidays.
Provincial Education Department spokesperson Nomonde Maboea said the department "respected the outcome of the judicial process".