Parliament, Tuesday, 5 March 20024 – The Portfolio Committee on Basic Education today received a briefing from the South African Humans Rights Commission (SAHRC) on a report on its investigation and inquiry into school uniforms and reports about the over-regulation of appearances.
Committee Chairperson Ms Bongiwe Mbinqo-Gigaba welcomed the finding in the SAHRC report that South Africa’s socio-economic climate justifies enforcing an obligatory school uniform policy, as the committee believes this helps to reduce socio-economic disparities among students. “South Africa has high levels of inequality. School uniforms equalise the levels of all learners on the school ground,” Ms Mbinqo-Gigaba explained.
However, the committee did not support the deadline set by the SAHRC for the Department of Basic Education (DBE) to comply with its recommendations. “We note that some of the findings, like the one pertaining to the price of uniforms, is not within the mandate of the DBE to regulate,” she said.
During the briefing, the SAHRC gave some background into the reasons for the investigation. It decided to investigate after noting an increase in reports of alleged overregulation of school uniforms and learners’ appearance from its Eastern Cape Provincial Office. Subsequently, the SAHRC also resolved to host an inquiry into allegations of discrimination against learners in this regard, which took place in March 2022 in Gqeberha in the Eastern Cape.
In submissions received during the inquiry, some common themes emerged about the perceived role of school uniforms and their associated challenges. Participants consistently noted that, in their view, school uniforms enhance safety, discipline, and a conducive learning environment. However, concerns were also noted about gender-neutral dress policies, regulation of hairstyles (particularly for black students), and accommodating cultural symbols. Other concerns about “excessive control and restrictions” and varying interpretations of national guidelines leading to inconsistent implementation were also raised, along with possible discrimination against gender non-conforming learners in contravention of constitutional protections.
On the issue of hair styles, the SAHRC informed the committee that their inquiry uncovered various issues with the over-regulation of learners’ hair. These include the “two-finger” policy for black male learners, as well as anxiety arising from disciplinary action taken against students with contentious hairstyles, including braids. Complaints highlighted historical biases rooted in Eurocentric norms that stigmatise African hairstyles.
The committee further heard that schools in South Africa maintain a strict binary approach to uniform policies, reinforcing gender stereotypes and misogyny. These policies often regulate femininity, girlhood and sexuality, and perpetuate patriarchal norms. While guidelines recommend considering religious and cultural diversity, the SAHRC expressed concern about the application process, which may be subjective and burdensome.
The SAHRC recommended that within six months, the DBE and provincial departments of Education should provide a report on what it will do to address the directives and recommendations within an eight-month timeframe and with clear action items and deadlines. However, the DBE said in its presentation that it has problems with the timeline set by the SAHRC and that it has communicated its fears about what can be achieved within this timeframe to the SAHRC.
In the meantime, the DBE has been using stakeholder engagement platforms to obtain advice and a collective sector position on the matter. Stakeholders were of the opinion that the SAHRC is stepping outside its powers in making such a recommendation. The stakeholder advice is that the matter of uniform pricing should be deferred to the Competition Commission, which has jurisdiction and mandate over pricing matters. Meanwhile, to alleviate the uniform price burden on families, the DBE could consider reviewing the necessity of both summer and winter uniforms (and special uniforms for Grade 12). The DBE is also awaiting approval for guidelines that will provide sector guidance on gender-diverse learners and school uniforms relating to them.
Ms Mbinqo-Gigaba said the committee respects the SAHRC’s views and notes the DBE’s position on the matter. “We would urge both parties to continue with a smooth working relationship into the future,” she concluded.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON BASIC EDUCATION, MS BONGIWE MBINQO-GIGABA.
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