Judgment No. CCZ 7/16 7
Const. Application No. CCZ 17/15
(3) A law may provide for the registration of educational institutions referred to in
subsection (2) and for the closing of any such institutions that do not meet
reasonable standards prescribed for registration.
(4) The State must take reasonable legislative and other measures, within the
limits of the resources available to it, to achieve the progressive realisation of the
right set out in subsection (1).”
In support of their contention that their daughters’ right to education has
been violated by the School, the applicants also rely upon section 4 of the Education Act
[Chapter 25:04] which provides as follows:
���(1) Notwithstanding anything to the contrary contained in any other enactment,
but subject to this Act, every child in Zimbabwe shall have the right to school
education.
(2) Subject to subsection (5), no child in Zimbabwe shall—
(a) be refused admission to any school; or
(b) be discriminated against by the imposition of onerous terms and
conditions in regard to his admission to any school;
on the grounds of his race, tribe, place of origin, national or ethnic origin, political
opinions, colour, creed or gender.
(3) ……………………………………………
(4) Any person who contravenes subsection (2) shall be guilty of an offence and
liable to a fine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
(5) It shall be a defence in any criminal proceedings for an offence under
subsection (2) for the accused person to show that, though he committed the act
alleged against him—
(a) he committed the act on the grounds of the creed of the child against
whom the act was committed, but he did so because the school concerned
is controlled by a bona fide religious organization and members of that
religious organization or adherents of a particular religious belief are
accorded preference in admission to that school; or
(b) he committed the act on the grounds of the gender of the child against
whom the act was committed, but …………………………. .”
Lastly, but very importantly, there is s 86 of the Constitution which
permits the limitation of fundamental rights in the following circumstances: