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190 Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007) [6.] The child’s father said while in pre-school the child’s hair was never cut and was kept what is commonly known as dread locks until the child graduated from pre-school. [7.] The child’s father was called to the school a few weeks into January 2006 to discuss the issue of the child’s hair with the teacherin-charge and asked to write a letter to explain. By then the child was being detained and was no longer going to the classroom with other children. The father sent a letter from his church. [8.] On 27 January 2006, one Brighton Zengeni brought a letter from the school addressed as follows: Ruvheneko Government Primary School P.O Box GN8 Glen Norah Harare 25 January 2006 Dear Parent Ref: Farai Benjani Dzvova’s hair You are cordially advised that one of our regulations as a school, is that hair has to be kept very short and well combed by all pupils attending Ruvheneko Government Primary School, regardless of sex, age, race or religion: You are therefore being asked to abide by this regulation, failure to which, you will be asked to withdraw or transfer your child Farai Benjamin Dzvova to any other school. This is to be done with immediate effect. Yours faithfully F Nyahuye School-head [9.] The applicant went and discussed the matter with the deputy headmaster and the teacher-in-charge who maintained that they could not accept the child’s continued learning in the school so long as his hair was not cut to a length acceptable by the school. [10.] A further discussion with the headmaster of the school and the Regional Education Officer did not resolve the matter. [11.] The applicant then made an application to the High Court and obtained the following provisional order: Terms of order made That you show cause to this honorable Court why a final order should not be made in the following terms: Terms of interim relief By consent of the parties 1. Pending the resolution of this matter by the Supreme Court it is ordered that: (i) The respondents be and are hereby compelled to allow the minor Farai Benjamin Dzvova to enter upon the second respondent school for purposes of education until the Supreme Court determines the matter. (ii) The respondents are hereby interdicted from in any way negatively interfering with the minor Farai Benjamin Dzvova’s education, more particularly in that the respondents be and are hereby barred from: African Human Rights Law Reports
Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007) 191 (a) separating Farai Benjamin Dzvova from his classmates; (b) otherwise detaining Farai Benjamin Dzvova in solitary or in the sole company of adults; (c) in any other way discriminating against Farai Benjamin Dzvova on the basis of his hairstyle or his religious beliefs pending the determination of the matter by the Supreme Court. 2. The case is referred to the Supreme Court for the determination of: (i) whether the exclusion of the minor child Farai Benjami Dzvova was done under the authority of a law as envisaged in s 19(5) of the Constitution and in the event the court finds it was done under the authority of a law; (ii) whether such a law is reasonably justifiable in a democratic society. [12.] In accordance with paragraph 2 of the above order the application has now been brought to this Court in terms section 24 of the Constitution alleging that the child’s right guaranteed by section 19(1) of the Constitution has been violated. [13.] In his founding affidavit the applicant says he is a Rastafarian as well as his wife and they were customarily married in 1991. His wife, Tambudzayi Chimedza, is the mother of the child. They have been practicing Rastafarianism for almost a decade. They initially attended Chaminuka Rastafarian House in St Mary’s, Chitungwiza, which is the headquarters of the National Rastafarian Council. He said about four years ago in 2002 they opened a branch of the church in Glen Norah for which he is ‘Elects of Priesthood’. [14.] Church services are held every Sabbath day and in good weather they begin the preceding Friday evening. He said it is an integral part of the Rastafarian faith that they take certain vows as part of their religion. The vows include that they do not eat refined food, but only eat food in its natural state. Further to this, they do not drink alcohol. Also central to this is the vow that they do not cut their hair (my underlining). He said the vow not to take alcohol or eat refined food and to shave their hair is the Nazarene vow which is biblically present in Numbers 6 verses 1-6. [15.] He said their children are born Nazarites. Thus Farai Benjamin Dzvova, in line with the family religion, cannot cut his hair (my underlining). [16.] He said they let their hair grow long and the twisting which eventually occurs is a natural result of African hair which is let to grow long. This is one of the visible distinguishing factors between genuine Rastafarian adherents and those who appear to have as their hairstyle for fashion purposes actually twist it, which is forbidden by their religion. [17.] He said in accordance with their religion, before, and during his days at pre-school, their son’s hair was never cut and it was in the inevitable locks. Supreme Court, Zimbabwe
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AFRICAN HUMAN RIGHTS LAW REPORTS 20
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CONTENTS Editorial User guide Abbre
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USER GUIDE The cases and findings i
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Nigeria Internet Law Reports www.ni
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x Table of cases Nigeria Inspector-
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SUBJECT INDEX This index is divided
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xiv Subject index Presumption that
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xvi Subject index Environment Inter
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xviii Subject index No legal remedi
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xx International instruments referr
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xxii International instruments refe
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INTERNATIONAL CASE LAW CONSIDERED U
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xxx International case law consider
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xxxii International case law consid
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UNITED NATIONS HUMAN RIGHTS TREATY
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4 Abbassi v Algeria (2007) AHRLR 3
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30 Titiahonjo v Cameroon (2007) AHR
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36 El Dernawi v Libya (2007) AHRLR
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38 El Dernawi v Libya (2007) AHRLR
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Prince v South Africa (2007) AHRLR
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42 Prince v South Africa (2007) AHR
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74 Article 19 v Eritrea (2007) AHRL
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