School, lesbian learner face off again

Judge sends case back to Equality Court

A CASE against a school accused of unfairly discriminating a learner who disclosed she had a same-sex lover should be re-enrolled at the Equality Court and heard to finality, the Mpumalanga High Court has ruled.

King’s School, located in White River, faced an allegation that it violated the Promotion of Equality and Prevention of Unfair Discrimination Act. The mother of a minor learner identified as “S” launched proceedings at the Equality Court against the independent Christian school. Her move followed a meeting in which principal Marick Coetzee asked her to take her child home. The mother travelled from their Gauteng home for this “urgent” meeting.

Coetzee showed the mother a letter written by “S”, in which she disclosed her sexual orientation and that she was dating a girl. The mother stated in court papers that Coetzee cited the contents of the letter for the school’s position that the learner should go back home. She said upon enquiring whether “S” was suspended or expelled that Coetzee told her neither of these were the case. She alleged that Coetzee told her the learner needed to go home because she needed motherly love to heal.

To her confusion and shock, Coetzee then allegedly advised that she would assist with a transfer letter for “S” to find a school close to home.

The mother was also informed that “S” would not complete her June exams with other learners, but during school holidays. These details were deposed in both the Equality Court and the High Court.

The mother approached the High Court to appeal an absolution order granted by the Equality Court, which was the first to hear the matter. This contested absolution order favoured the school’s bid for dismissal of the mother’s application on grounds that she did not depose sufficient evidence. The court effectively found that the mother did not make out a prima facie case of discrimination.

In a fresh judgment, Acting Judge Denise Greyling-Coetzer has set aside the Equality Court’s absolution order. She found that the mother’s evidence could present a prima facie case and convince the Equality Court to find in her favour.

“What the appellant (the mother) thus had to show was that “S” was treated differently from other learners based on or as a result of her sexual orientation,” said Judge Greyling-Coetzer.

“In summation, the evidence disclosed that the appellant was informed to ‘take S away’ from school. It is clear this meant that “S” should not attend the school any more.”

She said the school acted against “S” in response to the letter that disclosed her sexual orientation.

“By the instruction to take her away from school, “S” was not allowed to complete her June exams together with other learners, but was provided with the option to write them during school holidays,” Judge Greyling-Coetzer said. “Differently put, if not for the content of the letter “S” would seemingly have been allowed to remain at the school and complete her examinations with the other learners.

“This demonstrates she was treated differently from other learners due to her sexual orientation to survive absolution and the court could or might find in favour of the appellant. The appeal must succeed.” Judge Greyling-Coetzer referred the matter back to the Equality Court.