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The State has argued that Kasama Boys Secondary School did not infringe on any rights when it declined to enroll a minor who refused to cut his dreadlocks.
The Attorney-General, Mulilo Kabesha, stated that the right to freedom of conscience and religion, as enshrined in the Zambian Constitution, is subject to public interest.
He noted that the boy was only admitted to the school after complying with the requirement to cut his dreadlocks.
The case comes from a petition filed in the Lusaka High Court last year by Mr. Nathan Mubanga of Amin Village, Kasama, who sought an order allowing his son, a Rastafarian, to attend Kasama Boys Secondary School without having to cut his dreadlocks.
Mubanga argued that the school’s insistence violated his son’s constitutional rights to freedom of conscience and religion under Articles 11 and 19.
In his final submissions, the Attorney General contended that the Bill of Rights allows limitations on individual freedoms if such restrictions are reasonable and justified in a democratic society.
He emphasised that public interest takes precedence over individual rights in such matters.
“The rights and freedoms outlined in Part III of the Constitution are subject to limitations provided by law, which rank above individual rights,” Kabesha submitted.
He argued that the enforcement of school rules, which the petitioner had agreed to upon enrollment, cannot be challenged on the basis of religious objections.
Furthermore, Kabesha pointed out that the minor was now attending the school, having cut his dreadlocks in compliance with the rules.
“The petitioner cannot claim a conscientious objection to school rules that were already in place before the minor was accepted. This is not a case of the school infringing on religious freedoms but rather a matter of the petitioner’s faith conflicting with established rules,” he said.
Citing a precedent from Kelvin Hang’andu vs. LAZ, the Attorney General concluded that the petitioner’s claims lacked merit.
He urged the court to dismiss the case with costs, stating that no constitutional violations had occurred.
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