Question
I need help on how to formulate legal opinion on the following matter Zeenat Fakir is a grade 8 learner at Brooklyn Secondary School in
I need help on how to formulate legal opinion on the following matter
Zeenat Fakir is a grade 8 learner at Brooklyn Secondary School in Gauteng. She is also part of the Islamic faith. A few months into the school year the Muslim holy month of Ramadaan started. On the first day of Ramadaan, Zeenat arrived at school wearing a headscarf for the first time.
Just before break time Zeenat was informed that she must go to the principal's office. As she approached the office she saw four other girls also wearing headscarves. The principal told Zeenat and the four other girls that the rules regarding school uniforms in Brooklyn Secondary's code of conduct did not allow for the wearing of headscarves. The principal instructed the girls to remove their headscarves immediately. Zeenat and the other girls refused to do so. Zeenat explained to the principal that wearing a headscarf was of especial cultural and religious significance during the holy month of Ramadaan.
The principal, however, maintains that headscarves are not allowed and that the school's code of conduct makes no exceptions to the uniform requirements whatsoever. The principal ordered Zeenat and the other girls to leave school immediately and to return only when they removed their headscarves. Zeenat's parents are angered when she told them what had happened at school. They immediately sought legal assistance and approached your offices for a legal opinion.
give a legal opinion on Zeenat's right to wear her headscarf while at school. Please refer to the relevant case law and legislative and policy framework relating to right to basic education, freedom of religion, expression and culture within the public schooling system.
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