Proposal to Amend UCT's Religious Accommodation Policy

We propose that the Registrar and/or Deputy Registrar share a multi-faith calendar and this new policy to all academic departments to avoid scheduling tests and exams on important religious holy days.

If there is a clash on a holy day which is unavoidable, students should be given the option to defer the evaluation, given an alternative evaluation, or have the weight of said evaluation shifted to other evaluations.

This model avoids the unnecessary time, labour, and resources expended in implementing deferred exams for a large group of students as was done in 2018. Many of these clashes are reasonably foreseeable, and those which are not, are protected by the right to a guaranteed deferral.

The ‘Positive Recognition Model’ is thus argued to place a less heavy burden on the University.

Positive Recognition Model:
Having recognized that a neutral approach to religion and religious observances has resulted in inconsistent and unequal treatment of various religious groups within the University's community, we argue that the University’s unwillingness to positively act in order to accommodate minority religious groups has resulted in a violation of the equality clause, section 9; more specifically section 9(1) that everyone is equal before the law, and has the right to equal protection and benefit of the law, as stipulated in the Constitution.

Further that section 31 (a), the right for ‘cultural, religious and linguistic communities’, to enjoy their culture, practise their religion and use their language.’is violated, along with section 15 (1), which states that everyone has the right to ‘freedom of conscience, religion, thought....".

Aditionally, the neutral approach has resulted in a violation of section 15 (2) which states that religious observances may be conducted at state or state aided institutions, while section 15 (2) (a) states that those observances must follow rules made by the appropriate publc authorities and finally, section 15 (2) (b) states that such religious observances are to be conducted on an equitable basis.

Therefore, we propose that the University implement a positive recognition model, which is in line with the way the Constitutional Court has interpreted the obligation for such accommodation upon state-aided institutions such as UCT.
This policy has been implemented by the Department of Basic Education and other Universities in South Africa as well as around the world.

The policy requires that, when drafting rules, policies and regulations, the University should make reasonable accommodation and put measures in place that take into account various cultural and religious practices affecting members of the UCT community;
That such accommodation is cognisant of both staff members and the student body;
That tests and exams are not set on religious holy days, and that when such tests or examinations cannot be rescheduled, the affected students are guaranteed the right to defer;
Openly recognising religious diversity as a factor in the determination of policies.