Durban - The Department of Education is in trouble with the law after its teachers ignored a Chapter 9 institution order to stop discriminating against pupils belonging to the Nazareth Baptist (Shembe) Church.
Thirteen schools in the province have been accused of forcing pupils who are members of the church to cut their hair. This after they had been warned that they were interfering with pupils’ right to practise their religion.
The matter first came to light when a 15-year-old Grade 9 pupil from Sicelo Sethu High School in Ngwavuma, Zululand, complained to the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
The pupil, whose identity cannot be revealed, had allegedly suffered 17 months of victimisation by her teachers, who were trying to force her to cut her hair, which was worn in a long, natural style. A number of her peers in her school and 12 other schools in the province suffered similar treatment. She resisted, while others succumbed and cut their hair.
The commission had in September ruled in her favour.
Commission chairwoman Thoko Mkhwanazi-Xaluva said on Thursday that the commission was preparing papers to take the department, teachers and principals of the affected schools to the Equality Court to get a binding order that they are “to stay away from children’s religious practice”.
“By the end of next week, we will go to court,” she said.
Mkhwanazi-Xaluva accused the department of ignoring the commission’s instruction to take action against the teachers.
“We told the department to put a circular that the teachers must leave pupils’ hair alone,” she said.
However, none of the schools complied. Mkhwanazi-Xaluva hoped the court ruling would make it a criminal offence for the teachers to continue their policy. “Secondly, for the Equality Court to make a ruling on the fact that they ignored a Chapter 9 institution,” she said.
Mkhwanazi-Xaluva said in September she gave the department 30 days to act. “If a child can prove to you that she belongs to the Nazareth Church, then you must leave their hair alone. We have received lots of complaints and have told the department,” he said.
The Sicelo Sethu pupil said the harassment started in June last year. She said it stopped for a while after she and her parents had repeatedly explained that her religion did not allowed the cutting of hair if the member had been baptised.
She said the trouble re-emerged when the school opened at the beginning of the year.
“Teachers refused to give me (government supplied) stationery because I still kept my hair. My parents had to buy the stationery, the pupil said. “Teachers have threatened to prevent me from writing exams.”
Shembe church elder Mhlaseli Hlatshwayo said his church often received complaints from pupils.
“Cutting of hair is not allowed in our church. Since 1978, I have not cut my hair because it is part of our relationship with God,” he said.
Education Department spokesman Kwazi Mthethwa said the department was investigating the matter.
“We are going to deal with these teachers,” he said.
“If you stop a child from going to school because of long hair, you are violating her rights to access to education and her right to freedom of religion and association.”
The schools alleged to be forcing pupils who are members of Nazareth Baptist (Shembe) Church to cut their hair are:
- Ezinhlabeni, Ezibukweni and Lifa Lethu high schools in Jozini
- Icelo Sethu High in Ngwavuma
- Mzingazi Primary and Emkhayideni High in Richards Bay
- Mcopheli and Zamakhutha high schools, and Zamakhutha Comprehensive in Durban
- Others, which have not been named, are in Osizweni, Mbazwane, Nseleni and
Harding.
The Mercury