Cape Town - The rights of an 8-year-old transgender learner who was allegedly prevented from wearing a boy’s swimming costume has landed in the Equality Court, as the parents seek R100000 in damages against Beaumont Primary School in Somerset West.
The learner was born as a female but identifies as a male. The incident has garnered mixed reactions, as Parents for Equal Education SA (Peesa) emphasised the necessity for parents and learners to adhere to school protocol.
The Triangle Project said educational policies needed to be inclusive and address the structural barriers the LGBTQIA+ youth faced.
The parents of the former Beaumont Primary School learner lodged the lawsuit against the school in the Equality Court, alleging the school discriminated against their child by restricting his access to bathrooms and requiring him to wear specific swimwear.
The learner’s parents had received notification last year that their then 8-year-old child was required to wear “unisex swimwear” that covered his upper body.
The school governing body (SGB) expressed opposition to the boy wearing standard boys’ swimwear, raising concerns about potential “social discomfort”.
The family has since relocated to Switzerland, while their application continues to be heard in the Equality Court.
The parents are demanding R100 000, reportedly for compensation for the impairment of dignity, as well as the boy’s emotional, physical and psychological pain and suffering.
Western Cape Education Department spokesperson Bronagh Hammond confirmed the child was no longer at the school.
“The matter is before the court and therefore we are not in a position to comment on the merits at this stage,” Hammond said.
Peesa founder Vanessa le Roux said the action by the school was not an attack on the LGBTQIA+ community, saying every school had a code of conduct that was accepted by the parents.
“All of us sign a code of conduct at schools, where it is prescribed how the child should wear his hair, the uniform, sport clothes.
These types of things are there for a reason, and these parents signed for it, and agreed to it.
“And now they feel their child is being discriminated against. Imagine if all learners come with a certain request. Parents should learn what they sign for.
“They should know what the code of conduct expects from them. Fortunately for the school, not even an MEC can interfere in the governance of a school.
“This is not an attack on the LGBTQIA+ community, this is following rules and the code of conduct. This is what was accepted by the parents, and they should see that it is being implemented. Outside of school, in their homes, they can allow their child to be whoever he feels fit.”
Triangle Project spokesperson Ling Sheperd said there were efforts in place to create inclusive and affirming educational environments through the Creating Inclusive and Affirming Schools Project.
“While I am unable to comment directly on the ongoing court case at Beaumont Primary School, I can confirm that our work seeks to address these types of challenges by advocating for inclusive school environments that respect and affirm the identities of all students.
“This initiative is designed to challenge societal inequities and support LGBTQIA+ learners by fostering inclusive policies and practices in educational institutions.
“We aim to address the structural barriers that LGBTQIA+ youth face, particularly in environments that are often hostile due to deep-rooted conservative beliefs.”
Sheperd added they had been actively working to promote LGBTQIA+ inclusion in schools, which includes addressing issues related to bathroom access and appropriate swimwear.
“Our approach includes facilitating learning conversations, providing capacity-building support to schools, and advocating for policy changes that ensure equal access to education for all students, regardless of their gender identity,” Sheperd said.
mandilakhe.tshwete@inl.co.za