n Tydskrif vir die Suid-Afrikaanse Reg - The physical appearance of learners in public schools : regspraak

Abstract

The public school system still displays a number of characteristics of the pre-constitutional era. Although the ignorance or unwillingness of school leadership to recognise the constitutional rights of learners may be blamed for this situation (Van Staden 2000 South African J of Education 300), the impact of the prevailing uncertainty regarding the interpretation and application of these rights should not be underestimated. One of the areas of uncertainty is the legality of the continued prescription of school uniforms and the enforcement of rules on the physical appearance of learners. This recent judgement sheds some light on the interpretation and application of such rules and prescriptions.