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196 Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007) [50.] The Minister did not make regulations concerning the type of hair to be kept by the pupils. Neither did he delegate the making of regulations on that subject-matter to the headmaster. Further to that, section 26 of the Interpretation Act provides as follows: Where any enactment confers a power, jurisdiction or right, or imposes a duty, on the holder of an office as such, then the power, jurisdiction or right may be exercised and the duty shall be performed, from time to time, by the holder for the time being of the office or the person lawfully acting in the capacity of such holder. Section 27 provides as follows: ‘An appointment made under an enactment may be made either by name or by reference to the holder of an office or post.’ [51.] It is clear that the enactment appointed only the Minister, and not the headmaster, to make regulations. [52.] It is also clear that the headmaster of the school was never appointed to the office held by the Minister, and he did not act in that post at all. [53.] The Minister allowed the school to maintain certain standards at the school, but never authorised the school to make any regulations. [54.] It follows that the submission by the respondent that the rules were made under the authority of a law cannot be correct. [55.] The head-teacher cannot make rules which constitute derogation from the constitutional rights of the pupils. He exceeded his powers which are stipulated in the SI 362 of 1998 and used powers which he did not have. [56.] In so doing he was wrong as such powers were never, and could never have been, lawfully delegated to him. [57.] Having concluded that the rules by the school were not made under a law, it is not necessary to consider the issue of justification raised by the respondents. [58.] In conclusion, the following order is made: (a) 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. (b) 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: (i) separating Farai Benjamin Dzvova from his classmates; (ii) otherwise detaining Farai Benjamin Dzvova in solitary or in the sole company of adults; (iii) in any other way discriminating against Farai Benjamin Dzvova on the basis of his hairstyle or his religious beliefs. African Human Rights Law Reports
Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007) 197 (c) It is hereby declared that expulsion of a Rastafarian from school on the basis of his expression of his religious belief through his hairstyle is a contravention of section19 and 23 of the Constitution of Zimbabwe. (d) The respondents shall pay the costs of <strong>this</strong> application. 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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xxiv International instruments refe
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xxvi 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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22 Njaru v Cameroon (2007) AHRLR 21
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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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Ben Salem v Tunisia (2007) AHRLR 54
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56 Ben Salem v Tunisia (2007) AHRLR
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AFRICAN COMMISSION ON HUMAN AND PEO
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74 Article 19 v Eritrea (2007) AHRL
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Chinhamo v Zimbabwe ZIMBABWE (2007)
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98 Chinhamo v Zimbabwe (2007) AHRLR
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100 Chinhamo v Zimbabwe (2007) AHRL
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120 Katabazi and Others v Secretary
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142 Mike Campbell (Pvt) Limited and
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144 Mike Campbell (Pvt) Limited and
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