DZVOVA v MINISTER OF EDUCATION & ORS 2007 (2) ZLR 195 (S)

2007 (2) ZLR p195

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 19 — protection of freedom of religion — what constitutes a religion — Rastafarianism — whether a religion — child ordered to cut his hair so as to attend school — child required to have long hair in a accordance with his religious beliefs — act done which infringed constitutional right — act done in terms of rules of a school — such rules not constituting a "law" — school having no right to make rules which derogated from child's constitutional right to freedom of religion

Education — Education Act [Chapter 25:04] — s 69 — power of Minister of Education to make regulations — power cannot be exercised by headmasters — s 4 — fundamental right to an education

Education — Education (Disciplinary Powers) Regulations 1998 (SI 362 of 1998) — s 2 — conduct and behaviour of pupils — section not extending to asking pupils to conform to a standard of discipline which infringes on pupil's manifestation of his religion

Education — school rules — legal status of — whether they constitute a "law" for purposes of Constitution