Authorities at Chogogodza Primary School in Domboshava have re-admitted a 12-year-old student, who was banned from classes because of her long hair.
The school’s principal, identified only as Mr Te Phiri, had on January 9, 2024, banned the child from attending classes because she had not cut her hair.
While many schools have very strict rules for short hair for boys, most allow girls to have longer hair although most insist on wearing this hair up or keeping it under control.
The girl’s parents engaged a lawyer, Mr. Kelvin Kabaya, who on February 5 wrote a letter to the school authorities complaining that the child was prevented from entering the school building due to her religious beliefs, which require her to have long hair.
In the letter, a copy of which was also sent to the Ministry of Primary and Secondary Education, Mr Kabaya said attempts by the pupil’s parents to persuade the school authorities to allow the child to attend classes were in vain.
School administrators insisted that the learner must shave her hair before being allowed to attend classes.
In attempts to engage the school authorities, the parents specifically highlighted some relevant issues that the pupil and her family were devout members of the African Apostolic Faith Mission Church and, in relation to the church’s doctrine, female members should not shave their hair. Poetry as a way to express their beliefs and religion, alone and with other members of the church.
Mr. Kabaya said that the behavior of the school authorities in preventing the student from attending her classes was a clear violation of several of her constitutional rights, most notably the right to freedom of thought, opinion, religion and belief guaranteed in Article 60 (1) (a) of the Constitution, freedom to practice, publish and express their thoughts or Their opinions, religion or beliefs, whether in public or alone, and whether alone or with others, are set out in Article 60 (1) (b) of the Constitution, Constitution.
The lawyer also said that the authorities violated the student’s right to education guaranteed in Article 75 of the Constitution, and that her fundamental right to non-discrimination by imposing onerous terms and conditions or excluding or expelling her from school, on the grounds that her opinion or religious belief was also violated as stipulated in Section 4(2)(b) of the Education Amendment Act 2020.
Mr. Kabaya then gave the school authorities a 24-hour notice to return the child to school and allow her to attend classes in the normal way, failing which he would file a lawsuit against them.
After delivering the letter, the school authorities immediately allowed the pupil to attend classes after Mr Phiri backed down from his hardline stance. Announce
