News / National
Govt National Pledge is unconstitutional
01 Apr 2016 at 08:57hrs | Views
MDC-T official in Bulawayo Felix Mafa Sibanda has lambasted the government for introducing the national pledge which must be recited by all pupils in schools saying the move was unconstitutional.
The Ministry of Primary and Secondary Education introduced what it calls a 'National Pledge' which according to the Ministry officials should be recited by the students daily before they begin lessons 'just as they recite the Lord's Prayer and then sing the National Anthem'.
"The Ministry has also reported that this pledge shall begin on the opening of schools for 2016 second term and to show their seriousness schools are already forced to ensure that they teach the students the pledge," Sibanda said.
"Whilst the idea of a National Pledge is laudable by some sections of our society, it needs to be categorically made clear that this National Pledge violates both the Biblical teachings and principles as well as the Constitutional Rights of children."
The words of the National Pledge are:
"Almighty God, in whose hands our future lies, I salute the national flag. Respecting the brave fathers and mothers who lost lives in the Chimurenga/ Umvukela. We are proud inheritors of the richness of our natural resources. We are proud creators and participants in our vibrant traditions and cultures. So I commit to honesty and the dignity of hard work."
He said by way of definition, a pledge is a solemn promise, a vow, a commitment, an oath, a covenant, a bond, a guarantee. He said a pledge or commitment is physical as it is emotional and spiritual.
"So the Ministry is forcing children to make an oath and a vow and the truth is these children are below the majority age and our Constitution and laws say they are below the age of consent and they are not in the age where they can make vows and oaths," he said.
"This pledge/vow/oath/covenant, they are making it to the Almighty God and this presents two critical issues. Firstly, God through His Word the Bible clearly instructed us Christians not to swear. By forcing the children to swear, the Minister is forcing them to commit a sin before God and unfortunately the wages of sin is death (Roman 6 v 23) and those wages will be on the children not on the Ministry. In Leviticus 19 v 22 it says "And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God: I [am] the LORD," Sibanda said.
"In Matthew 5 v 33 - 37 Jesus Christ said "Again you have heard that it was said to those of old, 'You shall not swear falsely, but shall perform to the Lord what you have sworn.' But I say to you, Do not take an oath at all, either by heaven, for it is the throne of God, or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. And do not take an oath by your head, for you cannot make one hair white or black. Let what you say be simply 'Yes' or 'No'; anything more than this comes from evil."
He said in James 5 v 12 the Bible says "But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and [your] nay, nay; lest ye fall into condemnation."
"Apart from the act of the pledge on its own being a sinful act before God, the Ministry is putting our children under the curse because Biblical when you make a covenant you should keep it. These children because of their age and because of lack of understanding, they are likely not to keep or abide by the pledge's committals and thus they become cursed. This is a double curse considering that just by making the oath they have subjected themselves to a curse," Sibanda said.
"Constitutionally this 'National Pledge' violates children's rights as Chapter 2 Section 19 Subsection (3)(b) of the Constitution clearly stipulates that "The State must take appropriate legislative and other measures to ensure that children are not required or permitted to perform work or provide services that are inappropriate for the children's age; or place at risk the children's well – being, education, physical or mental health or spiritual, moral or social development."
He said this 'pledge' further violates the Constitution's Fundamental Human Rights especially the Right to Freedom of Conscience as elaborated in Chapter 4 Section 60 (2) which says "No person may be compelled to make an oath that is contrary to their religion or belief or take an oath in a manner that is contrary to their religion or belief".
"That section of the Constitution further puts a burden on the parents and guardians to ensure that minor children have the right to determine, in accordance with their beliefs, the moral and religious upbringing of their children. Spread the gospel and send this message to all u know," he said.
"As the MDC-T we saying this so called National pledge is unconstitutional and uncalled for in a democracy . The constitution of Zimbabwe protects all fundamental rights of people and let alone of children . There's freedom of conscience /worshiping and many others in chapter (IV) (60)and sections ( 75) and (81). As a matter of urgency parents are called upon to challenge this latest evil by zanu pf administration ."
Sibanda said children are minor hence are ignorant of the implications of the so called national pledge.
"Anyone below the age of 18 does not take any legal or social responsibly on self .So who does at the end of the channel ? Therefore ,this is "the moment of madness " manifested by Robert Mugabe fractured government," he said.
"Zimbabwe is a country of diverse faiths ,cultures and social backgrounds hence that social fibre must be maintained at all coats."
The Ministry of Primary and Secondary Education introduced what it calls a 'National Pledge' which according to the Ministry officials should be recited by the students daily before they begin lessons 'just as they recite the Lord's Prayer and then sing the National Anthem'.
"The Ministry has also reported that this pledge shall begin on the opening of schools for 2016 second term and to show their seriousness schools are already forced to ensure that they teach the students the pledge," Sibanda said.
"Whilst the idea of a National Pledge is laudable by some sections of our society, it needs to be categorically made clear that this National Pledge violates both the Biblical teachings and principles as well as the Constitutional Rights of children."
The words of the National Pledge are:
"Almighty God, in whose hands our future lies, I salute the national flag. Respecting the brave fathers and mothers who lost lives in the Chimurenga/ Umvukela. We are proud inheritors of the richness of our natural resources. We are proud creators and participants in our vibrant traditions and cultures. So I commit to honesty and the dignity of hard work."
He said by way of definition, a pledge is a solemn promise, a vow, a commitment, an oath, a covenant, a bond, a guarantee. He said a pledge or commitment is physical as it is emotional and spiritual.
"So the Ministry is forcing children to make an oath and a vow and the truth is these children are below the majority age and our Constitution and laws say they are below the age of consent and they are not in the age where they can make vows and oaths," he said.
"This pledge/vow/oath/covenant, they are making it to the Almighty God and this presents two critical issues. Firstly, God through His Word the Bible clearly instructed us Christians not to swear. By forcing the children to swear, the Minister is forcing them to commit a sin before God and unfortunately the wages of sin is death (Roman 6 v 23) and those wages will be on the children not on the Ministry. In Leviticus 19 v 22 it says "And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God: I [am] the LORD," Sibanda said.
"In Matthew 5 v 33 - 37 Jesus Christ said "Again you have heard that it was said to those of old, 'You shall not swear falsely, but shall perform to the Lord what you have sworn.' But I say to you, Do not take an oath at all, either by heaven, for it is the throne of God, or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. And do not take an oath by your head, for you cannot make one hair white or black. Let what you say be simply 'Yes' or 'No'; anything more than this comes from evil."
"Apart from the act of the pledge on its own being a sinful act before God, the Ministry is putting our children under the curse because Biblical when you make a covenant you should keep it. These children because of their age and because of lack of understanding, they are likely not to keep or abide by the pledge's committals and thus they become cursed. This is a double curse considering that just by making the oath they have subjected themselves to a curse," Sibanda said.
"Constitutionally this 'National Pledge' violates children's rights as Chapter 2 Section 19 Subsection (3)(b) of the Constitution clearly stipulates that "The State must take appropriate legislative and other measures to ensure that children are not required or permitted to perform work or provide services that are inappropriate for the children's age; or place at risk the children's well – being, education, physical or mental health or spiritual, moral or social development."
He said this 'pledge' further violates the Constitution's Fundamental Human Rights especially the Right to Freedom of Conscience as elaborated in Chapter 4 Section 60 (2) which says "No person may be compelled to make an oath that is contrary to their religion or belief or take an oath in a manner that is contrary to their religion or belief".
"That section of the Constitution further puts a burden on the parents and guardians to ensure that minor children have the right to determine, in accordance with their beliefs, the moral and religious upbringing of their children. Spread the gospel and send this message to all u know," he said.
"As the MDC-T we saying this so called National pledge is unconstitutional and uncalled for in a democracy . The constitution of Zimbabwe protects all fundamental rights of people and let alone of children . There's freedom of conscience /worshiping and many others in chapter (IV) (60)and sections ( 75) and (81). As a matter of urgency parents are called upon to challenge this latest evil by zanu pf administration ."
Sibanda said children are minor hence are ignorant of the implications of the so called national pledge.
"Anyone below the age of 18 does not take any legal or social responsibly on self .So who does at the end of the channel ? Therefore ,this is "the moment of madness " manifested by Robert Mugabe fractured government," he said.
"Zimbabwe is a country of diverse faiths ,cultures and social backgrounds hence that social fibre must be maintained at all coats."
Source - Byo24News
