South African Constitution > Problems and Reporting Human Rights Complaints > 1. Taking a Case to the South African Human Rights Commission
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1. Taking a Case to the South African Human Rights Commission

Joe Mkhize applies to go to Welmoed High School. The school is only two blocks away from where he lives with his parents. At Welmoed High School most of the students speak Afrikaans and all of the lessons are in Afrikaans. Joe speaks a different language from the language used at this school. The school governing body rejects his application to attend the school. They say they only want Afrikaans-speaking people to come to Welmoed High School. They say it is their right to refuse to let him register. Joe’s parents believe they have a right to send Joe to the school.

What Are His Rights?

Joe has a right to attend Welmoed High School in terms of section 9(3) of the Bill of Rights which says he has a right not to be discriminated against on the basis of his language. Section 29 also says he has a right to an education.

People do have a right to develop their own langauge and culture, but they cannot exclude people from a government school on the basis of their language or religion, or any other factor listed in the ‘equality’ clause.

What Can You Do?

You can help Joe and his parents to make a complaint to the South African Human Rights Commission.

(See: South African Human Rights Commission)