School’s beard policy ‘racist’
A MUSLIM family is fighting a Joburg school for refusing to allow their Grade 8 son to grow his beard as part of the boy’s Islamic practices.
The family believes the actions are part of the “unconstitutional” and “racist” practices of denying Muslim pupils their religious rights at schools and has threatened to take the fight to court.
Ashton International College’s branch in Benoni, Ekurhuleni, has been found by a Department of Basic Education (DBE) legal opinion to have acted unconstitutionally by refusing to allow the pupil to grow his beard.
The pupil’s father, who must remain anonymous to protect his son’s identity, labelled Ashton College “Islamophobic and racist” after the school allegedly told the parent the pupil should either shave his beard or leave the school.
The pupil decided to follow the Hanafi School of Islamic jurisprudence, which obliges males who have reached puberty to grow their beards, said his father.
Despite a formal application made by the father, the school allegedly declined the request for the boy to practise his religion and issued the ultimatum for the pupil to either shave or leave.
Ashton College, however, emphasised yesterday that they were an “independent Christian school”, where all prospective parents were informed of the institution’s ethos.
The boy’s father responded that although he would like to solve the impasse amicably, he was prepared for a court fight with the school to ensure his son was not prejudiced in practising his faith.
Advocate Charles Ledwaba, the DBE’s director of legislative services, asserted in a legal opinion that the South African Schools Act enforced religious observance – in line with the country’s constitution – at public and independent schools.
Ledwaba further quoted case law stemming from the Constitutional Court and the South Gauteng High Court to argue his point, where both courts found school rules could not supersede the country’s supreme law.
Ashton College declined to comment on the DBE’s legal opinion, saying it had engaged lawyers in this regard and were advised not to make public statements. However, Mark Brown, the company’s executive director, stressed that the school was Christian and private.
“They (parents) accept, sign and agree to our school ethos and code of conduct voluntarily before their child is registered at Ashton International College.
“Whilst Christian, our school is multicultural in that students of all faiths are welcomed and all our students adhere to the same uniform and code of conduct requirements,” Brown said.
The boy’s father welcomed the DBE’s intervention, saying he hoped his 13-yearold, whom he described as a star pupil, would be allowed to grow his beard.