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Enrolment Contract, Religious Community Schools, Religious Freedom and the Constitutional Right to Education

HH17-09 : TARISAYI ZVOMA vs WATERSHED COLLEGE (represented by Joseph Goromonzi, Chairman of the Board of Governors)
Ruled By: HUNGWE J

The applicant enrolled her son and in that regard entered into a contract with the college. The contract is titled "Watershed College Entry Form." Paragraph (d) of that contract provides: "...that I understand and agree that I will pay the fees to the school for any term (including the pupil's first term) by the beginning of ...
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HHB01-11 : IDAH NYABEZA and MUNYARADZI MURENGA vs THE STATE
Ruled By: CHEDA J and NDOU J

There, however, exists an implied contract between the institution and the student or pupil that he/she will abide by all Rules and Regulations of the institution. Any breach of such Rules is punishable by the institution, more often than not, directly on the pupil, for example caning - where permissible.
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HB06-13 : PATSON MAKHIWA vs MINISTER OF EDUCATION, SPORT & CULTURE and BULAWAYO ADVENTIST SECONDARY SCHOOL and THE HEADMASTER, MR MARANDURE N.O.
Ruled By: CHEDA AJ

The applicant filed an urgent chamber application seeking a provisional order against the respondents in the following terms: “Terms of the final order sought That you show cause to this honourable court why a final order should not be made in the following terms: 1. There is no lawful basis for the respondent to interfere with the minor child's right ...
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Appealed
HH183-14 : MUGUMBATE KENNETH and GOHODZI GOHODZI and MASINIRE RICHARD and MATEKU FUNGISAI and MLAMBO TINASHE and NYAMUZIWA RINASHE vs UNIVERSITY OF ZIMBABWE
Ruled By: MAFUSIRE J

The next document was the student enrolment form. For the post-graduate Diploma in Law the denotation was “PDL”. The code for each of the subjects in that course started with the letters “LLD”. The respondent's instruction, under Section B of the student enrolment form, said, among other things, that the next section, i.e. Sections C and ...
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SC54-17 : NDABEZINHLE MAZIBUKO vs THE BOARD OF GOVERNORS, CHRISTIAN BROTHERS COLLEGE and THE NATIONAL INCOMES AND PRICING COMMISSION and THE SECRETARY, MINISTRY OF EDUCATION
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

WHETHER THE COURT A QUO FAILED TO DEAL WITH ISSUES RAISED The appellant argues that the court a quo failed to deal with three issues he had raised. These issues were; (a) That the school should not increase school fees except upon giving parents a term's notice of such increase; (b) That the practice of ...
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HH698-15 : DANAI H MABUTO vs WOMEN'S UNIVERSITY IN AFRICA and HOPE SADZA N.O. and N. CHIEZA N.O.
Ruled By: MATHONSI J

The applicant enrolled as a Masters in Science (Development Studies) student with the first respondent in January 2015. The University gave her an admission letter on 21 January 2015. She paid part of her tuition fees on 23 February 2015; she having paid $400= of the requisite $1,100=. She later made a “fees payment plan” ...
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CC01-18 : TIMOTHY SANGO and EDWARD DUMBURA vs BOARD OF TRUSTEES OF THE ANGLICAN DIOCESE OF MANICALAND and THE CIVIL SERVICE COMMISSION and MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: CHIDYAUSIKU CJ and MALABA DCJ and GWAUNZA JCC and GOWORA JCC and HLATSHWAYO JCC and PATEL JCC and GUVAVA JCC and MAVANGIRA AJCC and BHUNU AJCC

A person who occupies a position in the administration of a private school established and managed by a religious community on the condition that he or she is an adherent to the religion for which the denomination stands, but later changes religion in the exercise of the right to freedom of conscience thereby disabling himself ...
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HH120-15 : ROY NYABVURE vs HILDA KIRIMI
Ruled By: TAGU J

The right that is at the centre of the dispute is the right to education….,. Section 81(1)(f) of the Constitution of Zimbabwe says - “81 Rights of children (1) Every child, that is to say, every boy and girl under the age of eighteen years, has the right – (a)…,. (b)…,. (c)…,. (d)…,. (e)…,. (f) To education, health care services, nutrition and shelter;….,.”
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View Appeal
HH311-18 : SERGEANT KHAUYEZA (F048677J) vs THE TRIAL OFFICER (Superintendent J. Mandizha) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP and CHAREWA J

In Lautsi and Others v Italy ECHR, Application 30814/06, the European Court did not find it necessary, in a democratic society, that a centuries old tradition which was a part of the culture of the country, the crucifix, should be removed from schools….,. In the case of Layla Sahin v Turkey ECHR 2005-XI (GC) 44774/98, a university in ...
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HB81-18 : FRANK MUTEZO and OTHERS vs ZIMBABWE SCHOOL EXAMINATIONS COUNCIL and THE MINISTER OF PRIMARY AND SECONDARY EDUCATION
Ruled By: MOYO J

Section 75 of the Constitution deals with the rights to education.
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

Section 81 of the Constitution elaborates the particular rights of children. In the portions that are relevant for present purposes, it declares that:“(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right —(a)…,.;(b)…,.;(c)…,.;(d) To family or parental care, or to ...
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This is an application made in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim.The application raises questions of the constitutionality of the policy and the actions of the education authorities of compelling school ...
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

APPLICATION OF THE LAW TO THE FACTSThe Applicant and His ChildrenThat recitation of the pledge is made compulsory in schools has not been disputed by the respondents. The applicant, in his founding affidavit, made a positive allegation to the effect that he had been informed that his children were required ...
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HH955-15 : SAMUEL UNDENGE vs BONGANI UNDENGE
Ruled By: MAKONI J and MWAYERA J

The appeal is against the entire judgment of the court a quo wherein the court ordered, that, the appellant pays maintenance in the sum of $350 per month until the respondent becomes self-supportive. The appellant raised grounds of appeal as follows:“1. The learned magistrate erred and misdirected herself in awarding ...
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HHMT19-19 : THE STATE vs LYDIA KAHWEMA
Ruled By: MWAYERA J and ASSESSORS: MAWONEKE and CHIPERE

The right to education was offended by being chased away from school.
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HH24-19 : MOHAMMED ISMAIL (as the guardian of X - a minor) vs SAINT JOHNS COLLEGE and CAVALIERE COORRADO TRINCI N.O. and STEVE MARTIN N.O. and MINISTRY OF PRIMARY AND SECONDARY EDUCATION
Ruled By: CHITAKUNYE J

This is a chamber application brought on a certificate of urgency. The provisional order the applicant seeks was couched as follows:“FINAL ORDER1. That, the conduct of the 1st, 2nd and 3rd respondents consisting of ordering X, a minor enrolled as an Upper Six student at the 1st Respondent, to shave ...
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