Religious education policy bolstered

A RECENT high court ruling in Johannesburg has given strength to the Department of Basic Education’s policy that public schools may not promote one religion over another.

Despite this policy being in place in accordance with the constitution, certain schools have continued with religious instruction that favours one religion.

In his ruling handed down last month, Judge Willem van der Linde said: “Neither a school governing body nor a public school may lawfully hold out that it subscribes to only a single particular religion to the exclusion of others.”

The Organisation for Religious Education and Democracy (Ogod) brought the application against six schools – Laerskool Randhart, Laerskool Baanbreker, Laerskool Garsfontein, Hoërskool Linden, Hoërskool Oudtshoorn and Oudtshoorn Gimnasium – with the intention to find the religious practices at these schools unconstitutional.

According to a press release issued by Ogod, the public schools were in breach of the National Policy on Religion by either promoting adherence to one religion, requiring pupils to disclose which religion they followed, if any, and/or segregating pupils on the basis of religious adherence.

The Department of Basic Education welcomed the judgment in a statement issued, which outlined that “the ruling is consistent with the department’s own policy informed by the South African Schools Act and the constitution that no one religion should be promoted above another”.

It further stated: “The aim is not to ban religious practices in schools but about protecting children and emphasising that schools should engage in religion education rather than religious instruction and not promote one religion over another.”

This point was reiterated by Vee Gani, chairperson of the KwaZulu-Natal Parents’ Association, South Durban region, who said: “After 1994, education had to be inclusive, which means that public schools had to envelop all races, cultures and denominations. That’s not to say schools can’t teach religion, but if they give 30 minutes to one religion, they must give the same amount of time to every other religion.”

He said the concept that schools without religious instruction lacked discipline was completely unfounded.

“If there is a lack of discipline, it is usually because of a lack of discipline at home. Not because of a lack of religion in school,” said Gani.

Thabang Pooe, legal researcher at Section 27, said this ruling was important, particularly in light of the fact that single-religion schools were still a common occurrence.

“This is a reflection of the ongoing inequality in the country as a result of apartheid laws.”

According to Pooe, trade union Solidarity, which represented the six schools in court, argued that the ruling would affect 24 000 schools.

Pooe, however, said he could not confirm this number.

Labby Ramrathan, an associate professor at UKZN’s School of Education, said the ruling would definitely put pressure on schools currently promoting a single religion, but change would take time.

“Religious education has really been a part of our schools for centuries and it is something that will be extremely difficult to get rid of,” explained Ramrathan.

“I don’t think having one religion is right because we live in a context of multiculturalism and it causes issues with respect and tolerance of other religions, creating bias and perceptions.

“This is a problem when learners interact in society, exposed to other views and ideas.

“It’s going to be hard to make any substantial changes right now following the ruling, but as momentum increases we will see changes, probably in the next five to 10 years. Anything cultural is always a long-term process.”

Ramrathan said the country’s education system made provision for those seeking religion-aligned schools for their children in the independent sector.

“For parents who feel strongly about religion in schools, that is why we have private schools. They can find ways to sustain this belief, even if it happens outside of school.”

Ebrahim Ansur, secretarygeneral of the National Alliance of Independent Schools’ Association, explained that the constitution allowed for the establishment of faithbased independent schools, provided there was access to all.

“Parents have the right to choose a school that is consistent with their beliefs and the constitution safeguards the establishment of such schools as long as they conform with the South African Schools Act with regards to access.

“This means an independent school may have a faith-based ethos, observing religious practices or religious instruction at school, but it may not refuse access to anyone on grounds of race or religion.”