Controversy arises over Cape school's rule for transgender boys' swimsuits

Jul 31, 2023

An eight-year-old transgender boy has been denied permission by a primary school governing body to wear a male swimsuit, citing concerns about potential ‘social discomfort’ among other pupils or potential conflicts with their beliefs.

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As reported by Times Live, Beaumont Primary School's governing body in Somerset West is facing a situation involving an eight-year-old transgender boy and another 11-year-old transgender boy, both assigned female at birth, and has requested that they wear shorts and a lycra ‘second-skin top’ during swimming. However, the parents of both children have declined to comply with this request.

According to the father of the eight-year-old, who spoke to the Sunday Times, neither child has yet entered puberty. He stated, ‘Both kids present themselves as boys. Therefore, the top garment does not hide anything and has no practical function.’

In an email to the father, Dirk van Loggerenberg, the chair of the governing body, stated that during a meeting on 9 March, it was agreed that his child would wear the shorts and ‘second-skin top.’ However, in an email response to Van Loggerenberg on 30 April, the father denied this agreement, stating, ‘I can firmly state that our family was not involved in any discussions regarding the mandatory use of a second-skin top.’

He further added, ‘Our family was never consulted on the change to the swimming uniform which affects only two children. In hindsight, we can conclude that it was left to the respective class teachers to enforce your new directive.’

He expressed that the introduction of the requirement to wear such a top was recent and suggested that it indicated the school had received complaints regarding the participation of the two transgender students in swimming activities.

‘Please confirm what the second-skin top is meant to conceal. Will boys who display enlarged breast tissue also be forced to wear second-skin tops? Our children don't want to wear the second-skin tops for fear of being bullied,’ added the father.

In a statement, Van Loggerenberg confirmed that the parents’ request for one of the transgender students to swim without a top had been denied. He emphasised that it was crucial to recognise that the option of ‘unisex’ swimwear was accessible to all students.

The swimwear options for boys included swimming trunks without a top or the ‘gender-neutral’ alternative of trunks paired with a second-skin top.

Van Loggerenberg said, ‘These tops are worn by both boys and girls and provide protection against the sun as well as the cold.

‘It is important to keep in mind that a trans-male 10-year-old still has to grapple with the developments of a biologically female body on the cusp of puberty.’

‘Through, for example, the unisex swimwear option, the governing body has created an environment that can accommodate gender diversity while balancing the rights of the individual and the collective.’

He mentioned that if students felt that their rights were being limited within the educational environment, they had the option to submit an application to the governing body to request the exemption of specific provisions from the code of conduct, among other possibilities.

Van Loggerenberg clarified that the school was not specifically targeting the two students but rather considering the broader perspective of what would be permitted or restricted in the future, particularly when students enter puberty.

In an email, Van Loggerenberg informed the father of the eight-year-old that it was crucial to acknowledge that allowing his child to swim in a male swimsuit could have various effects on other students, such as causing social discomfort or conflicting with their beliefs.

The parent stated that he planned to file a formal complaint with the Commission for Gender Equality the following day.

Bronagh Hammond, a spokesperson for the Western Cape education department, mentioned that governing bodies held extensive powers under the South African Schools Act, including the authority to implement a dress code.

She further stated, ‘The school's governing body has taken steps to address the matter and we trust it will be resolved in the best interests of all at Beaumont Primary.’

Ronald Addinall, a clinical social worker, sexologist and academic at the University of Cape Town, expressed that compelling the two transgender boys to wear gender-neutral swimming attire would make them stand out and appear different.

He argued that using ‘social discomfort’ as a basis for establishing rules and regulations that lead to prejudice and discrimination was unacceptable.

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