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Tanzania Case Law

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Constitutional law zakaria kamwela others vs the minister of education vocational training another 2013 tzca 256 12 july 2013

zakaria kamwela others vs the minister of education vocational training another 2013 tzca 256 12 july 2013

The Education Circular compelling students to sing the National Anthem lacked force of law, was not validly issued or published as required, and could not lawfully override the appellants' sincerely held religious beliefs protected under Article 19(1) of the Constitution. Disciplinary actions based on the Circular were unlawful and violated both the right to freedom of religion and the right to education.

  • Freedom of religion
  • Delegated legislation
  • Right to education
  • Secularism
  • Disciplinary measures in schools
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Constitutional law zakaria kamwela others vs minister of education vocational training another 2013 tzca 167 5 july 2013

zakaria kamwela others vs minister of education vocational training another 2013 tzca 167 5 july 2013

The Education Circular No. 4 of 1998 was not lawfully issued under the National Education Act, lacked the force of law, and could not be used to compel students to sing the National Anthem or justify disciplinary action against them. Compelling the appellants to sing the National Anthem against their sincerely held religious beliefs violated their right to freedom of religion under Article 19(1) of the Constitution. The resultant expulsions and suspensions were unlawful.

  • Freedom of religion
  • Delegated legislation
  • Right to education
  • Secularism
  • Fundamental rights
  • Administrative circulars
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