Changes for school uniforms in South Africa
The Department of Basic Education (DBE) says it will consider reviewing the need for different summer and winter school uniforms in response to the SAHRC’s investigation into the affordability of uniforms in the country.
The South African Human Rights Commission (SAHRC) undertook an assessment of critical issues surrounding various issues that impacted the rights and well-being of school learners across the country, raised in a report published in October 2023.
The main issues flagged by the commission included the necessity to cap the costs of school uniforms to alleviate the financial burden on families. The DBE was tasked with setting a “reasonable” cap on this.
However, presenting its response to the SAHRC’s report on Tuesday (5 March), the department said that it was not within its ambit to do so, saying that school uniform pricing is the domain of the Competition Commission.
It said it has been consulting with various stakeholders on the matters raised by the commission, with the feedback generally indicating that the SAHRC has over-extended its designated powers to make various orders to the sector.
Despite this, the department said it would consider revisions that are within its scope – such as possibly reviewing the necessity of different summer and winter uniforms and special uniforms for grade 12 learners in some cases.
Hair and expression
The SAHRC also flagged two other issues relating to the “over-regulation” of appearances at schools.
These include rules around hair – especially where certain racial, gender and cultural groups are disproportionally affected – and permissions for gender-non-confirming learners to use gender-affirming uniforms.
The department said that direction for learner appearances is expressed in School Codes of Conduct – and incidents in the past (circa 2016) have already led to conclusions that this code is updated and revised as soon as it is clear that it infringes on learners’ rights.
It noted that a protocol for the elimination of unfair discrimination in schools is being finalised, and sector guidance will be provided once that is done.
“In the context of gender identities, the DBE has worked with (various bodies) and other stakeholders to consider a Draft Guideline for the Socio-educational Inclusion of Diverse Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC) in Schools, which will provide sector guidance on the matter of school uniforms among other aspects,” it said.
The SOGIESC guidelines will provide sector guidance regarding school uniforms in relation to gender-diverse learners in school, it said.
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