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School must give HIV+ girl another chance
Lumka Oliphant. Saturday Star, June 14 2002. Reprinted courtesy of Independent Newspapers (Pty) Ltd.
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The Buccleuch Montessori pre-school has been ordered by the Johannesburg High Court to "reconsider on merit" the application of a four-year-old HIV-positive girl.
The school, north of Johannesburg, had allegedly rejected little Tholakele Nkosi's application after her foster mother, Karen Pereira, told them that she was HIV-positive.
The order given by Judge Meyer Joffie means that Pereira will have to re-apply and go through the school's enrolment process which includes two days of observation and three days of assessment.
Pereira sought an order from the Johannesburg High Court to declare that the refusal to admit Tholakele was discriminatory and, therefore, unconstitutional.
She also asked that the Buccleuch school be directed to admit Tholakele pending the finalisation of her admission application.
Pereira took the school to court after two other schools - Sister Helga Creche and Playing School and Anne's Little Nursery School - had allegedly rejected Tholakele.
Asked if Pereira had been informed about the enrolment process Dean Rees, counsel for the school, said: "She was informed but did not fill in the application forms and decided to involve the press straight away."
The judge told Pereira to come back if she was not satisfied with the results of the enrolment process.
After the hearing both Rees and Pereira accepted the judge's order, each claiming victory and satisfaction about the court's decision.
Pereira said that, in a way, the ruling forced the school to take in Tholakele as an ordinary child.
"It has been a long and difficult year and I'm pleased about the judge's decision because it sends a strong statement that you can't discriminate against kids with HIV," said Pereira.
Rees said: "We feel vindicated and our client has been cleared of all allegations of discrimination." |
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