Ruling a ‘bitter-sweet victory’
Ill Shembe mom, who took teacher to education council for cutting son’s hair, didn’t live to see justice served
JUSTICE was eventually served, but too late for a 15-year-old boy’s mother who died while awaiting a verdict against a female teacher who had shaved the shape of a star into the boy’s hair in an effort to force him to cut it.
The mother, who cannot be named to protect her child’s identity, was a member of the Nazareth Baptist Church, also known as the Shembe Church, whose members grow their hair in accordance with their faith.
The mother had reported the teacher to the South African Council of Educators (Sace), the professional council for teachers, in 2016. The council this month sent the church its judgment, which called for the teacher to be struck off the teachers’ roll.
However, this portion of the sentence was suspended for five years on condition she did not commit a similar offence during this period. She was also fined R10 000, to be paid over 12 months.
The mother died last year and the boy is in the care of a guardian.
In 2016, the child was in Grade 5 at a primary school in the Pinetown area. His teacher had shaved his head in front of the class, marking a star shape on his scalp.
The school’s code of conduct did not allow pupils to grow their hair.
According to a report submitted by the mother to Sace, the teacher had questioned the cleanliness of the child’s hair. The mother complained that the incident was a violation of her religion and had caused trauma to the child and her family.
The teacher had pleaded guilty during a Sace disciplinary hearing and was found guilty of misconduct.
Thabo Sombothi, of the Phiwangezwi Temple, said the church was dealing with more than 100 similar cases against teachers and employers.
He felt the verdict was a historic judgment and said the sentence was a bitter-sweet victory because the mother was not there to see it.
Sombothi said: “It’s a victory for us. The fine will serve as a deterrent that will send out a strong message. Schools should stop hiding behind
their code of conduct. This judgment should serve as a warning that no school code of conduct is better than the Constitution.”
However, the woman now taking care of the pupil and his two siblings felt the sentence was too lenient. She said the R10 000 fine was nothing
compared to the violation the child had suffered and the stress the incident had caused the mother.
She said although the mother was ill, her determination for justice for her child and other members of the church was important to her.
“I was heartbroken when she died before the judgment was handed down,” said the guardian.
Sace spokesperson Themba Ndhlovu urged people to submit reports of any form of misconduct to the council for investigation.
“Our function is to caution teachers and when we find them guilty we will not hesitate to punish them, including striking them off the teachers’ roll,” he said.
Registration with the council is a requirement to work as a teacher.
The Daily News last week reported two other incidents in which young Shembe followers had their hair cut at school in front of other pupils, despite the Education Department issuing a circular against this practice.
Earlier this week, Independent Media reported on an incident at Ashton International College’s Benoni branch, where a Muslim pupil was not allowed to grow his beard. The pupil follows the Hanafi School of Islamic jurisprudence, which obliges males reaching puberty to grow beards.
Advocate Charles Ledwaba, the Department of Basic Education’s director of legislative services, had said the South African Schools’ Act enforced religious observance – in line with the country’s Constitution – at both public and independent schools.
Ledwaba quoted case law stemming from the Constitutional Court and the high court in Joburg to argue his point, where both courts found that school rules could not supersede the country’s supreme law.