Groups welcome ruling on religion in public schools
IN A DECISION that could have far-reaching consequences for religious practice in schools, the Johannesburg High Court yesterday ruled that public schools were not allowed to promote one religion to the exclusion of others.
The news has been welcomed by local religious organisations.
The matter came to court last month in an application by the Organisation for Religious Education and Democracy (OGOD). The organisation fights for in-depth, fact-based education about religions of the world and to eradicate religious indoctrination through public schools.
It brought an application against six schools – Laerskool Randhart, Laerskool Baanbreker, Laerskool Garsfontein, Hoërskool Linden, Hoërskool Oudtshoorn and Oudtshoorn Gimnasium.
OGOD argued that the schools’ practices of scripture reading, singing hymns in assembly and decoration of the school walls with Bible verses, among others, directly or indirectly violated the pupils’ freedom of religion, human dignity and their right to equality, among other issues.
In response, the schools argued they had freedom of religion; they were entitled to have an ethos or character; and that school governing bodies had the right to determine this ethos based on the community that fed the school with pupils.
Judge Willem van der Linde ruled that religious observances might be conducted at state or state-aided institutions, provided that:
Those observances follow rules made by the appropriate public authorities.
They are conducted on an equitable basis.
Attendance is free and voluntary.
Ashwin Trikamjee, of the South African Hindu Maha Sabha, said he was pleased with the judgment and felt this would help stop selective practices by principals and school governing bodies saying their schools were only for a particular religion.
Faisal Suleman, of the South African Muslim Network, said it was sad that it took a court ruling for something that should have come naturally to happen.
Suleman said they welcomed the decision and that it would help the development of children.
Shirley Naran, of the South African Tamil Federation, also welcomed the judgment.
“We ’re pleased to know that we live in a constitutional democracy where all people are allowed to practice their religious beliefs freely.”
Paddy Kearney, a consultant for the KwaZuluNatal Christian Council, said although he had not read the judgment, he was fully supportive of the decision.
A statement by the Department of Basic Education said the ruling reinforced its policies on religion in schools.
“The aim is not to ban religious practices in schools, but to protect children and emphasise that schools should engage in religion education rather than religious instruction.”
The judgment would not change anything for the department and it would be business as usual. “We remind governing bodies to review their rules to ensure they are in compliance,” the statement said.