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FXI INTERVENES IN NOSE STUD CASE

Does a school ban on wearing nose studs constitute a violation of freedom of expression? In South Africa, the Freedom of Expression Institute (FXI) is arguing that it does. It has submitted a "friend of the court" (amicus curiae) brief in a case now being heard by the country's top court.

The Constitutional Court is hearing an appeal by the provincial government of Kwa-Sulu against a lower court decision that ruled in favour of Sunali Pillay. Pillay, whose ethnic background is Tamil, is a student at the Durban Girls' High School. She was banned in 2005 from wearing a nose stud on the grounds that she violated school rules.

FXI's brief in support of Pillay argues that her decision to wear a nose stud constituted an exercise of her constitutional right to freedom of expression. "It would only be appropriate to prohibit Sunali Pillay from wearing the nose stud where this would lead to the "substantial disruption of school activities," the organisation said. Wearing a nose stud did not result in such a disruption, FXI argued.

Pillay's mother took the school to court alleging discrimination against Sunali's religious and cultural beliefs. She said the wearing of a nose stud was a rite of passage for adolescent girls whose lineage can be traced to southern India.

Visit these links:
- FXI: http://www.fxi.org.sa/
- Nose Stud Saga Goes to Constitutional Court: http://iafrica.com/news/sa/882945.htm
- Daily News and Analysis: http://www.dnaindia.com/report.asp?NewsID=1081353