The incident prompted the Commission to initiate an own accord investigation into whether the human rights of the four black learners were violated.

Following an investigation of the complaint, the Commission found that the teacher who was publicly denounced for racism and subsequently suspended by the Department without due process was not the teacher responsible for the class where the photograph was taken.

The Commission further found that although the school’s conduct of segregating black and white learners, as depicted in the photograph, amounted to discrimination, such discrimination was not unfair. In coming to this finding, the Commission considered several factors, including the fact that the sitting arrangements depicted in the photograph did not last longer than 10 minutes and that another photograph taken after the impugned photograph showed black and white learners sitting on the same desk. Therefore, the nature and extent of the discrimination were limited to a portion of the first day of school. Secondly, the incident did not impair the dignity of the learners or adversely impact them in any other way. The learners had since fully integrated. This was confirmed by the parents of the learners, who advised that the learners had fully integrated into the school and were doing well academically and in different sports. Thirdly, it was not uncommon at the school for seating arrangements to be based on differentiation on listed grounds, such as gender or sex, on the first day of school.

The Commission also made the following additional findings:

• The unauthorised publication or circulation of the photograph in a manner that revealed the identity of the learners in the media and social media platforms, violated the learners’ right to privacy, as well as their right not to have their well-being, education and development placed at risk.
• The public disclosure of the name of the teacher who was wrongly accused of racism constituted a violation of her right to privacy and prejudiced her human rights, including her rights to due process, security, freedom of movement, association and human dignity.
• The violent protest at the school disrupted teaching and learning. Therefore, the protestors prejudiced the learners’ right to basic education and placed them at risk of violation of their right not to have their well-being, education, and development placed at risk.

Consequent to the above findings, the Commission made several directives, including the following:

• The SGB of the school should adopt a clear policy regarding the publication of messages or images of learners to third parties to ensure that the identity and personal information of learners are protected by the law.
• The principal of the school should update the Commission on the process of drafting policies dealing with racism, diversity and transformation at the school in line with the undertaking made during the investigation of the matter.
• The Department should implement the recommendations recorded in the Commission’s Report on the National Investigative Hearing on the Impact of Protest-related Action on the Right to a Basic Education in South Africa applicable to Provincial Departments of Education so that appropriate protection of the right to basic education is urgently implemented.
• The current MEC for Education in the North West Province should issue a public written apology to the teacher who was wrongly accused of racism for how she was treated, including the denial of her rights to due process and privacy which placed her life and that of her family at risk.

The full report is available on the Commission’s website at this link: https://www.sahrc.org.za/home/21/files/FINAL%20REPORT%20-%20LAERSKOOL%20SCHWEIZER%20RENEKE%20-%2018%20January%202023.pdf

The Commission will monitor compliance with its report directives on an ongoing basis.

END

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

For further information or enquiries, please contact Wisani Baloyi – Acting Communications Coordinator, Tel: 081 016 8308, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.  or Alucia Sekgathume – External Communications, Tel: 082 689 2364, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.