For Justice Albie Sachs, one of South Africa’s foremost proponents of human rights, it is an important case that highlights the country’s regard for cultural diversity. When we see him seated amongst a full bench at South Africa’s constitutional court, an impressively designed building located alongside the Old Fort Prison in Johannesburg evocative of one of the most grim struggles for freedom and equality, it is a measure of how seriously the law has taken Sunali’s personal battle to retain her little gold nose ring in school.

This week the judges are debating whether Sunali Pillay was correct in her assertion that she had suffered unfair discrimination when her school authorities prevented her from wearing her nose ring: It is an interesting case especially when worldwide, multi-cultural values are being embraced by governments and ethnic minorities are being encouraged to feel secure even when they are away from their home country. Perhaps it is a sign of the times that a tiny nose stud could have ignited such a large-scale debate — and indeed, Sunali’s mother, Navi Pillay, now hopes that the final decision may be in favour of a “right to culture” which would then impact institutions across the country.

Durban-based Navi Pillay, 41, is a feisty, independent-minded woman. Her family has been in South Africa for three generations, but she still feels very close to her cultural Hindu traditions. The trouble began, when in keeping with her family traditions, (Navi says she is just a regular South Indian woman) Sunali had her nose pierced, with a gold nose stud, in 2004, after she had just turned 15. Unfortunately for her, the school had a strict code of conduct which banned the wearing of any jewellery except plain ear studs and watches. The school authorities felt she could not wear the nose stud, but allowed her a few week’s grace period so that the hole would heal. However, Sunali did not remove the nose stud, even after that.

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