Court case holds far reaching implications for education in SA

IN A CASE, set to be heard in the South Gauteng High Court next week, the Organisasie vir Godsdienste-Onderrig en Demokrasie (Organisation for Religious Education and Democracy) is asking the court to interdict six schools in question from being associated with religion and to find it unconstitutional for any public schools to:

Promote adherence to one religion.

Hold that they promote the interests of a religion.

Align themselves with a religion.

Require pupils to disclose their religious beliefs.

Record pupils’ religious beliefs.

Segregate pupils on the basis of religion or “commit or permit” various religious observances.

The organisation said it was defending the constitutional rights of pupils to freedom of religion and conscience, and their right to access to knowledge. The schools, represented by the Federation of Governing Bodies of South African Schools, believe the court’s findings could potentially decide the fate of freedom of religion in all public schools.

They say the majority of pupils in public schools come from broken homes and religion helps them cope with daily challenges, and the organisation’s aim was to remove religion from schools and “sterilise” them in a way that will ultimately only suit atheist or religiously indifferent pupils.

In their affidavits, the schools contend that each of their “systems” are crafted to suit their particular needs.

The South African Teachers’ Union (SAOU) has come out in support of the schools.

“The SAOU believes that on a correct interpretation of the Constitution of South Africa, it was never meant that schools should be regarded as secular institutions, but rather that a community should be allowed to determine the religious observances for a school as a democratic institution and an extension of the community,” the union said.

“Schools should be allowed to determine religious observances, subject to the principle that it should be free and voluntary, provided that there is no discrimination against religions that are not the prevailing religion of the respective school.”

Earlier this week, ACDP MP Cheryllyn Dudley brought up the fact that the only schools being challenged were those “upholding Christian values”.

“The National Policy on Religion and Education… says that religion education or the study of different religions as part of the compulsory curriculum, is the responsibility of schools and that ‘religious instruction’ or instruction in beliefs and values for the purpose of influencing pupils, is the responsibility of the home, family and religious community. The policy does however allow schools to make facilities available for religious instruction, provided it does not interrupt or detract from the school’s core educational purposes,” she said.