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High Court rules Hoërskool Piet Potgieter’s hair policy null and void

The court order follows after a Gr 10 learner from the school, Kamogelo Kekana, was expelled for his hair length being too long according to the school rules.

MOKOPANE – The hair policy of Hoërskool Piet Potgieter will no longer apply after the Polokwane High Court ordered the school on Tuesday to remove the policy from the school’s current prescriptions in terms of uniform and hair.

The court order follows after a Gr 10 learner from the school, Kamogelo Kekana, was expelled for his hair length being too long according to the school rules.

Read more: Row over HPP hair policy

The lawyers for the parties appeared in court on Tuesday with a settlement that was made an order.

Kekana was expelled in March.

The advocate acting on his behalf, Mphafolane Koma, told Bosveld on Wednesday the school policy on hair will not be applicable anymore regardless of race.

The school also established a recovery plan for lesson time lost by the learner.

“The interim court order is now made final by the Judge President Makgoba of the High Court of South Africa. The school and principal agreed to our demands and it led to a settlement. They also have been ordered to pay the legal cost. I plan to take the matter to the Constitutional court to eradicate rules like these at schools,” said Koma.

Kekana’s mother, Maxine, says she was overwhelmed by the decision of the court and the fact that they changed not only her son’s life at school but also that of the other children.

The school’s code of conduct currently states the following:

“The most important generally applicable prescriptions are that no fashion trend such as the mullet, comb over, dreadlocks or afro, and unnatural colouring of the hair can be allowed.

African learners’ hair should be the same length overall – up to a maximum of 1 cm in length.

Non-African learners’ hair must be cut from the hairline up and must gradually become longer on top of the head, it further reads.

The fringe should be no longer than a finger width above the eyebrows if it is combed forward.

The hair should not stand up for more than 4 cm on the head.

“The four-point test for this prescription is applicable.”

Kurt Kruger, Chairperson of the HPP School Governing Body, said the matter was finalised amicably. The hair policy is already under revision.

lionel@nmgroup.co.za

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