S and Attorney General, Minister of Education ( the education division manager southern region) , Headmaster Blantyre girls primary school; Ex parte Mbewe ( A minor through his father and next friend Wisdom Mahara Mbewe) and Registered Trustees of the Centre of Human Rights Education, Advice and Assistance ( CHREAA) (Judicial Review Case 55 of 2019) [2023] MWHC 32 (8 May 2023)

S and Attorney General, Minister of Education ( the education division manager southern region) , Headmaster Blantyre girls primary school; Ex parte Mbewe ( A minor through his father and next friend Wisdom Mahara Mbewe) and Registered Trustees of the Centre of Human Rights Education, Advice and Assistance ( CHREAA) (Judicial Review Case 55 of 2019) [2023] MWHC 32 (8 May 2023)

The policy (written or unwritten) requiring all learners in Government Schools to have short/trimmed hair, as applied to Rastafarian children, is unconstitutional and unlawful as it violates the rights to education, religion, equality, and non-discrimination under the Malawi Constitution and Education Act. The refusal to register and enroll Rastafarian children with dreadlocks constitutes an unjustifiable limitation on these rights and is unreasonable, disproportionate, and discriminatory. The state is obligated to accommodate religious practices unless doing so would cause undue hardship, and must ensure access to education for all without discrimination.

Citation
[2023] MWHC 32
Parties
1st Applicant: Makeda Mbewe (a minor through his father and next friend Wisdom Mahara Mbewe); 3rd Applicant: Ishmael Nansolo (a minor through his father and next friend Ali M Nansolo); 2nd Applicant: The Registered Trustees of the Centre of Human Rights Education, Advice and Assistance (CHREAA); 1st Respondent: Attorney General; 2nd Respondent: Minister of Education; 3rd Respondent: Education Division Manager (Southern Region); 4th Respondent: Headmaster, Blantyre Girls Primary School; 5th Respondent: Education Division Manager (Eastern Region); 6th Respondent: Headmaster, Malindi Secondary School; 1st Amicus Curiae: Human Rights Commission; 2nd Amicus Curiae: Lost History Foundation
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
8 May 2023
Case Number
Judicial Review Case 55 of 2019
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed. Reliefs granted as prayed.
Legal Topics
Right to Education, Freedom of Religion, Equality and Non Discrimination, Judicial Review, Reasonable Accommodation, Children's Rights
Source Language
English
Constitutional Law Administrative Law Education Law Human Rights Law Right to Education Freedom of Religion Equality and Non Discrimination Judicial Review +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 30 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Makeda Mbewe (a minor through his father and next friend Wisdom Mahara Mbewe)

1st Applicant

Ishmael Nansolo (a minor through his father and next friend Ali M Nansolo)

3rd Applicant

The Registered Trustees of the Centre of Human Rights Education, Advice and Assistance (CHREAA)

2nd Applicant

Attorney General

1st Respondent

Minister of Education

2nd Respondent

Education Division Manager (Southern Region)

3rd Respondent

Headmaster, Blantyre Girls Primary School

4th Respondent

Education Division Manager (Eastern Region)

5th Respondent

Headmaster, Malindi Secondary School

6th Respondent

Human Rights Commission

1st Amicus Curiae

Lost History Foundation

2nd Amicus Curiae

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the policy requiring all learners in Government Schools to have short/trimmed hair, including Rastafarian children, is unlawful and unconstitutional for violating rights to religion, education, and non-discrimination.
  2. 2 Whether the refusal to register and enroll Rastafarian children with dreadlocks in public schools is a violation of constitutional and statutory rights.

Ratio Decidendi

The policy (written or unwritten) requiring all learners in Government Schools to have short/trimmed hair, as applied to Rastafarian children, is unconstitutional and unlawful as it violates the rights to education, religion, equality, and non-discrimination under the Malawi Constitution and Education Act. The refusal to register and enroll Rastafarian children with dreadlocks constitutes an unjustifiable limitation on these rights and is unreasonable, disproportionate, and discriminatory. The state is obligated to accommodate religious practices unless doing so would cause undue hardship, and must ensure access to education for all without discrimination.

Court Disposition

Application allowed. Reliefs granted as prayed.

Orders

  • Declaration that the policy requiring Rastafarian children to have short hair is contrary to sections 4(1)(a)(b) and 5(2)(i) of the Education Act 2012.
  • Declaration that the policy requiring Rastafarian children to cut their hair for admission is unlawful and unconstitutional for violating rights to religion, education, and non-discrimination under sections 20, 25, and 33 of the Constitution.