The scope of reasonable cultural and religious accommodation in public schools in South Africa, with a focus on ancestral callings experienced by learners

This article examines the scope of reasonable cultural and religious accommodation in South African public schools, with a focus on ancestral callings experienced by learners. It analyses the relevant legislative framework and key court decisions shaping jurisprudence on this issue. The authors argue that schools must balance protecting sincerely held beliefs against maintaining an effective learning environment for all students. They recommend formal exemption procedures and a consultative approach involving parents, cultural leaders, and education authorities to determine appropriate accommodations, particularly for complex situations such as ancestral callings. The article concludes that reasonable efforts should be made to accommodate diversity in schools without imposing undue burdens.

Authors

Publication Details

Journal
Journal for Juridical Science
Published
2024-12-13
DOI
https://doi.org/10.38140/jjs.v49i3.8749
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
0.00
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article

The scope of reasonable cultural and religious accommodation in public schools in South Africa, with a focus on ancestral callings experienced by learners

Hanlie Du Plessis, Coenraad Visser
Journal for Juridical Science
Legal Issues in South Africa
article

The scope of reasonable cultural and religious accommodation in public schools in South Africa, with a focus on ancestral callings experienced by learners

Hanlie Du Plessis, Coenraad Visser
article en

Abstract

This article examines the scope of reasonable cultural and religious accommodation in South African public schools, with a focus on ancestral callings experienced by learners. It analyses the relevant legislative framework and key court decisions shaping jurisprudence on this issue. The authors argue that schools must balance protecting sincerely held beliefs against maintaining an effective learning environment for all students. They recommend formal exemption procedures and a consultative approach involving parents, cultural leaders, and education authorities to determine appropriate accommodations, particularly for complex situations such as ancestral callings. The article concludes that reasonable efforts should be made to accommodate diversity in schools without imposing undue burdens.

Journal for Juridical ScienceVol. 49(3)
Quality Education
Openalex Percentile: Top 57%
Legal Issues in South Africa
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