There but for the grace of OGOD: Religion and diversity in South African public schools
| Author | Meghan Finn |
| DOI | http://doi.org/10.1177/13582291221124495 |
| Published date | 01 December 2022 |
| Date | 01 December 2022 |
| Subject Matter | Case Commentaries |
Case Commentary
International Journal of
Discrimination and the Law
2022, Vol. 22(4) 412–423
© The Author(s) 2022
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DOI: 10.1177/13582291221124495
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There but for the grace of
OGOD: Religion and diversity in
South African public schools
Meghan Finn
Abstract
South Africa’s doctrinal approach to religion in public schools allows for circumscribed space
for religious observances, while protecting diverse and minority interests. In Organisasie vir
Godsdientse-Onderrig en Demokrasie v Laerskool Randhart [2017] ZAGPJHC 160; 2017(6) SA
129 (GJ), the High Court held that a public school cannot promote that it adheres to only one
religion to the exclusion of others. The judgment placed weight on the value of diversity,
which affirms inclusivity and difference in a pluralist society. While diversity is normatively
significant, the court’s preference for it is consistent with an ongoing judicial trend that favours
reliance on generalised norms over concrete provisions. This leaves open important
questions as to how particular religious policies and observances at a school level should be
tested within a local context, and the meaning to be given to constitutional requirements that
religious observances at state or state-aided institutions be free, voluntary, and conducted on
an equitable basis. Five years after that judgment was handed down, these debates are of
renewed importance, with legislative amendments currently before Parliament that would
require a public school’s code of conduct to take into account the diverse cultural beliefs and
religious observances of learners.
Keywords
South African Constitution, public schools, freedom of religion, diversity
Introduction
South Africa’s Constitution protects the right to freedom of conscience, religion, thought,
belief, and opinion. The Constitution does not include a provision endorsing a strict
Lecturer, Public Law, University of Johannesburg, Johannesburg, South Africa
Corresponding author:
Meghan Finn, Lecturer, Public Law, University of Johannesburg, Advocate of the High Court of South Africa.
Email: meghanf@uj.ac.za.
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