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MAKANI & ORS v ARUNDEL SCHOOL & ORS 2016 (2) ZLR 157 (CC)

2016 (2) ZLR p157

Citation

2016 (2) ZLR 157 (CC)

Case No

Judgment No. CCZ-7-16

Court

Constitutional Court, Harare

Judge

Chidyausiku CJ, Malaba DCJ, Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo, Patel and Guvava JJCC

Heard

29 July 2015

Judgment

29 June 2016

Counsel

TR Mafukidze & D Chimbga, for the applicant
AP de Bourbon SC, for the first and second respondent

Case Type

Constitutional application

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 60 – right to freedom of religion – nature and scope of the freedom of religion – whether compelling school pupils to attend chapel services is an infringement of the freedom – extent to which freedom of religion may be limited.

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 56 – equality and non-discrimination – meaning of discrimination – whether requiring all school pupils to comply with Christian rules is discriminatory on the ground of religion – no discrimination where stipulation is applied to all without distinction.

Constitutional law – Constitution of Zimbabwe, 2013 – declaration of rights – section 75 – right to education – whether right extends to private education – does not confer right to flout rules and regulations designed by private educational institutions to safeguard their ethical standards.

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