The pupil had complained that the principal had made hurtful and harmful speech remarks towards her.

"The court found in favour of the complainant and the SAHRC and ruled that section 10 of the Equality Act had been violated‚" the commission said in a statement on Monday.

"The court was satisfied with the credibility of the complainant’s testimony‚ and indicated that the testimony of the expert witness that the complainant had suffered trauma as a result of the treatment meted out against her‚ was uncontested and credible."

The pupil and the commission have asked for a public apology and for the court to declare that the principal and the Limpopo education department breached the Equality Act and violated the pupil’s constitutional right to dignity and equality.

The commission has also asked the court to order that the principal attend gender sensitivity training and that the department develop a code of conduct for all educators across the province to learn about and respect the rights of transgender people.

The code of conduct should address the registration of pupils whose gender on school records differs from their birth certificate‚ the commission has requested. The code should also address the use of correct pronouns‚ choice of school uniforms and access to school bathrooms for transgender pupils.

The court has also been asked to order that special damages be paid for the impairment of the pupil’s dignity‚ for medical expenses related to psychotherapy‚ and for the cost of completing her schooling.

The court will make a decision on the relief sought on Friday.

Source: TMG Digital