SOGOLANI v MINISTER OF PRIMARY AND SECONDARY EDUCATION & ORS 2020 (2) ZLR 1312 (CC)

2020 (2) ZLR p1312

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to religious freedom and conscience (s 60) – effect of such right – State's positive and negative duties – individual's genuinely held beliefs – State's duty not to interfere with such beliefs and not to coerce individual into performing acts contrary to beliefs – parent's rights to bring up children in parent's own faith – extent to which such right endures – child being compelled to take part in daily pledge of allegiance involving saluting of national flag – such pledge also including reference to God – parent holding that pledge ceremony contrary to his genuinely held beliefs and amounting to worship of flag – parent's and children's rights of freedom of conscience infringed

Constitutional law – interpretations of Constitution – Preamble – nature of preamble – Preamble in Constitution of Zimbabwe being ceremonial in nature – not capable of limiting rights set out in Chapter 4 of Constitution