News / Education
School ordered to re-admit student expelled for wearing long hair
14 Mar 2014 at 17:24hrs | Views
HIGH Court judge Justice Chinembiri Bhunu yesterday ordered John Cowie headmaster Garikai Nyawo to re-admit an 11-year-old Grade 6 pupil whom he had expelled for wearing long hair.
The interim relief granted by the court came about following an urgent chamber application by the minor's father Tafadzwa Madziwa, who challenged Nyawo's decision to bar his daughter Ruwarashe from attending class over her hairstyle.
"It is hereby ordered that the minor child (Ruwarashe Madziwa) be immediately accepted by the respondents (Primary and Secondary Education minister, John Cowie Primary School and John Cowie headmaster Garikai Nyawo) to join her classmates and enjoy her right to education unhindered upon service of the provisional order," Justice Bhunu ruled.
"The respondents are hereby interdicted from in any way negatively interfere with the child, Ruwarashe Rebekah Madziwa's education."
Justice Bhunu said there was no lawful basis for the school authorities to bar the pupil from attending classes saying her long hair was an expression of her religious beliefs.
Madziwa had argued that his beliefs forbade the shaving of hair.
"I told second respondent (Nyawo) that my family belongs to Bible Believers Church and keeping long hair for female members is a manifestation of our religious belief, thus my child cannot cut her hair," Madziwa said in his affidavit.
"I also reminded him that the child has been at the school since Grade Zero and never cut her hair. I also informed him that my daughter's long hair is not indiscipline or disobedience to the school staff as it is not related to her conduct."
Through his lawyer Belinda Chinowawa, Madziwa argued that his daughter had lost a substantial part of the school term as the headmaster refused to readmit her since her expulsion at the beginning of February this year.
Madziwa's case is not a peculiar one in the courts. Last year, a Form One student at Bulawayo Adventist Secondary School was sent home on the opening day after authorities demanded that she shaves off her dreadlocks.
The matter was referred to the High Court and judgment reserved. In 2012, a Masiyephambili Junior School student was also expelled on similar charges, but contested the decision in court and won.
The interim relief granted by the court came about following an urgent chamber application by the minor's father Tafadzwa Madziwa, who challenged Nyawo's decision to bar his daughter Ruwarashe from attending class over her hairstyle.
"It is hereby ordered that the minor child (Ruwarashe Madziwa) be immediately accepted by the respondents (Primary and Secondary Education minister, John Cowie Primary School and John Cowie headmaster Garikai Nyawo) to join her classmates and enjoy her right to education unhindered upon service of the provisional order," Justice Bhunu ruled.
"The respondents are hereby interdicted from in any way negatively interfere with the child, Ruwarashe Rebekah Madziwa's education."
Justice Bhunu said there was no lawful basis for the school authorities to bar the pupil from attending classes saying her long hair was an expression of her religious beliefs.
Madziwa had argued that his beliefs forbade the shaving of hair.
"I told second respondent (Nyawo) that my family belongs to Bible Believers Church and keeping long hair for female members is a manifestation of our religious belief, thus my child cannot cut her hair," Madziwa said in his affidavit.
"I also reminded him that the child has been at the school since Grade Zero and never cut her hair. I also informed him that my daughter's long hair is not indiscipline or disobedience to the school staff as it is not related to her conduct."
Through his lawyer Belinda Chinowawa, Madziwa argued that his daughter had lost a substantial part of the school term as the headmaster refused to readmit her since her expulsion at the beginning of February this year.
Madziwa's case is not a peculiar one in the courts. Last year, a Form One student at Bulawayo Adventist Secondary School was sent home on the opening day after authorities demanded that she shaves off her dreadlocks.
The matter was referred to the High Court and judgment reserved. In 2012, a Masiyephambili Junior School student was also expelled on similar charges, but contested the decision in court and won.
Source - newsday
