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As a young, South African girlchild, I experienced elements of hair discrimination at school and in my community. I attended African schools taught by African teachers. Our teachers discouraged us from wearing our hair long, claiming that our hair did not look “clean”, forcing us to either keep it short or braided. We used hair straightening creams and dyes full of chemicals to tamper with our natural hair, thus exposing ourselves to skin damage on our scalps. I also experienced pimples on my forehead during my youth. When I began working, I consulted a doctor for my skin, who advised that I should immediately stop any further use of chemicals for my hair. It was only after taking the doctor’s advice that I did not experience any further challenges with my skin or my scalp.

Hair discrimination is a story as old as time in South Africa; with the unimaginable pencil test widely used during apartheid. Through the increased popularity and accessibility of social media and other forms of media, hair discrimination has been making far more headlines recently, bringing the topic to the fore. This article seeks to provide the reader with insights into hair discrimination and cultural bias in the education system in South Africa, as well as some recommendations on how it can be addressed.

Incidents of hair discrimination in South Africa

Some examples of hair discrimination that attracted mass media attention were in the Pretoria High School for Girls (PHSG), where black students protested against the school's hair policies, which they felt discriminated against natural hairstyles like Afros. In 2016, this incident sparked a national conversation about hair discrimination in schools, with the hashtag #StopRacismAtPretoriaGirlsHigh used more than 150,000 times on X, formerly known as Twitter. A petition calling for the end of hair discrimination gathered over 30,000 signatures. The members of the Executive Council of Education initiated an investigation into the school and found that the learners’ allegations were true. As a result, the following recommendations were made:

• That action be taken against the teachers responsible;
• That the school’s code of conduct be reviewed and
• That the school implement diversity training and cultural awareness programmes.

Other examples of hair discrimination were recorded at Sans Souci Girls’ High School in Cape Town, where the school faced allegations of discriminatory practices against black female students regarding their hairstyles and language use. Another elite school, St. Michael's in Bloemfontein, could not avoid scandal after an irate parent posted photos of black girls lined up to test their neatness, forcing the girls' hair to fit into a swimming cap or school hat for compliance with the uniform code. And lastly, at Crowthorne Christian Academy in Midrand in 2023, a pupil was expelled for wearing dreadlocks. This incident drew significant attention and criticism, leading to discussions about the legality and fairness of such school policies.

Following these incidents, the Department of Basic Education has indicated that a comprehensive review of the country’s education laws, which has already begun, would assist to ensure children were not discriminated against at school.

Discrimination in the new democratic dispensation in South Africa

The new democratic dispensation in South Africa is founded on constitutionalism with a specific entrenchment of the rule of law in its founding provisions. Thus, the Constitution of the Republic of South Africa ^[1] is the supreme law of the land and therefore no law can be contrary to its provisions ^[2].

The courts are entrusted with the powers to test and interpret legislation so that it does not have provisions that are not consistent with the Constitution. When such inconsistency does occur, law can either be partly or wholly repealed or substituted in terms of the Interpretation of Act of South Africa ^[3]. Chapter 2 of the Constitution titled the Bill of Rights, repeatedly emphasises human dignity, equality and freedom ^[4]. This chapter lists all first, second and third generation rights protected under the Constitution as well as its limitation clause ^[5].

Alongside the Constitution, both the School's Act and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) seek to ensure that a school's code of conduct includes the recognition of cultural and religious beliefs, especially with regard to hairstyles ^[6]. A person's identity, sense of self, and human dignity are all greatly influenced by their cultural traditions ^[7]. Cultural discrimination is prohibited in schools, and if a hairstyle is deemed a cultural practice, then a code of conduct that forbids or does not allow for it is discriminatory ^[8]. In cases of this kind of discrimination, the school must demonstrate fairness ^[9], in line with the limitation clause test.

It is also important to note that women and girls are more likely to be the target of hair discrimination. The Education International 10th World Congress resolved to keep girls in school. Hair discrimination, alongside other factors, such as shame or discrimination caused by learner pregnancy or menstrual cycles, will create an environment that is not conducive to learning and that will drive more young girls out of school.

The way forward and what needs to be done

These incidents underscore the ongoing challenges and the need for inclusive and respectful school policies. Infringement of one’s religious and cultural freedom that is central to an individual’s dignity, identity and autonomy, cannot be taken lightly. Therefore, this is an opportune moment for schools to re-consider, re-define, re-imagine and re-invigorate their codes of conduct and to honestly evaluate whether their codes reflect the spirit of the rainbow nation South Africa aspires to be.