Arguments regarding the rights of HIV positive children to attend nursery schools started at the Johannesburg High Court on Thursday.
The court heard various versions on what discrimination is.
Two private nursery schools are being accused of discrimination after refusing to admit Tholakele Nkosi on account of her HIV positive status. Tholakele is now aged four.
The schools are the Buccleuch Montessori Nursery School and the Sister Helga Creche and Playing Centre in Johannesburg’s northern suburbs.
The court is currently dealing with the Buccleuch Montessori Nursery School case.
The school has said the child was not admitted because at that stage teachers at the school were not equipped to deal with HIV positive children.
Counsel for Tholakele and her foster mother, Karen Pereira, told the court the school had been discriminatory.
”The justification that they were not ready is simply based on ignorance … and ignorance leads to discrimination,” said Sharise Weiner SC.
She said Pereira phoned in December 2000 and told the school’s principal Lesley Heywood that she wanted to enrol Tholakele.
Heywood said this was fine and that there were three places available.
However, a few weeks later, Pereira was told that the school was not equipped to deal with HIV positive children.
She was also told to enrol the child after she was three-years-old as she would be considered over the biting stage.
There were apparently concerns that the HIV virus could be spread through biting.
After Tholakele turned three, the Aids Law Project wrote a letter to Heywood on behalf of Pereira asking that Tholakele be admitted to the school.
However, Heywood has claimed that she never received the letter.
The case continues. – Sapa