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National pledge must fall- ConCourt hearing postponed

by Stephen Jakes
29 Jun 2016 at 12:15hrs | Views
THE Constitutional Court postponed sine die the application filed by Zimbabwe Lawyers for Human Rights (ZLHR) challenging the decision by
the Ministry of Primary and Secondary Education to introduce a mandatory "national pledge" in schools on Wednesday 29 June 2016 after
Mr M. Chimombe from the Civil Division of the Attorney General's office failed to appear owing to a family bereavement.

ZLHR said the parties were directed to approach the Registrar of the Constitutional Court for a new date of hearing within thirty days if
engagements between the Minister and the churches are not concluded by then.

The national pledge was introduced during the current school term to be recited by pupils at all of the country's primary and secondary
schools.

In an application filed by David Hofisi of ZLHR on Tuesday 19 April 2016 on behalf of Mathew Sogolani, whose three minor children are
enrolled in infant, primary and secondary schools respectively, the Harare based parent argued that forcing children to recite contents of
the national pledge run contrary to the family's religious beliefs.

Sogolani, a member of the Apostolic Faith Mission (AFM) church, is asking the Constitutional Court to suspend the requirement that
schoolchildren recite the pledge.

Sogolani's children attend Mashambanaka Secondary School, and Chizungu Primary School in Harare's Epworth. Primary and Secondary Education Minister Lazarus Dokora is cited as the first respondent while the school head of Mashambanhaka Secondary School, where Sogoloni's
daughter is a pupil, is listed as the second respondent.

 The headmaster of Chizungu Primary School is cited as the 3rd respondent and the Attorney General as the 4th respondent.

The Harare resident argued that he will suffer irreparable harm if his children are compelled to recite a pledge, which is contrary to their
views, opinions and beliefs.

Sogolani argued that the pledge would vitiate his rights to dignity, freedom of conscience, freedom of expression and equal protection of
the law – rights that are all granted by the Constitution.

He added that the pledge is formulated "in the manner of an oath, a prayer and seems, in the very least, a religious observance".

In his founding affidavit, Sogolani argued that the national pledge is offensive to his religious convictions and thus in violation of
Sections 51, 56 (1), (3), 60 (1), (2), (3) and 61 (1) (a) of the Constitution.

Source - Byo24News