CRL to probe case of pupil barred by school after initiation rite

The CRL Commission which promotes religious and cultural rights says it will probe allegations that a teenager was barred from returning to school after undergoing Ndebele initiation.

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) said it noted with concern the allegations that a 16-year-old pupil was turned away by his principal at Cosmo Secondary School in Randburg after spending almost four months at an initiation school in Limpopo during winter.

Sowetan reported about the plight of the pupil on Friday after the principal allegedly turned him away from school on August 3, citing violation of the school’s policy.

The pupil’s family claims to have delivered a letter to notify the school in April about the boy’s pending absence, but they never received a response from the school and decided to proceed with taking him to the initiation school under Mthambothini Royal House.

The commission said it was deeply concerned by any conduct that may result in a pupil being denied access to education resulting from participation in a culturally significant and constitutionally recognised traditional practice.

“The commission has initiated engagements on the matter and will seek to establish the facts, understand the circumstances surrounding the school’s decision, and engage with all relevant stakeholders to ensure that the rights and best interests of the learner are adequately protected,” the commission said in a statement.

It added that the rights of children, including the right to basic education, were protected by the constitution.

The exercise of cultural rights, it said, does not place any individual, community or institution above the law.

“Equally, participation in cultural practices should not be regarded as incompatible with access to public services, including education. Where learners take part in recognised cultural and traditional practices, reasonable measures should be implemented to accommodate such participation while safeguarding their right to education. Thus, the alleged refusal to readmit the learner, if confirmed, may have serious implications for the learner’s constitutional rights and educational development.”

The commission called on all parties involved to approach the matter responsibly, sensitively and in the spirit of constructive engagement.

“The dignity, welfare and educational interests of the learner must remain paramount, while due consideration is also given to the rights and responsibilities of the school, parents and relevant structures or authorities,” it said.

The department of education told Sowetan last week it would instruct that the pupil be allowed to return to school.