
The Weekend Nation
3 August 2024
By Michaela Drucker
In a landmark ruling, the high court in Zomba delivered a verdict marking a significant shift in Malawian education. The decision, handed down in May 2023 by Judge Zione Ntaba, strikes at the heart of longstanding restrictions barring Rastafarian children from schools due to their dreadlocks.
The court found these prohibitions unconstitutional, asserting that they infringed upon fundamental rights: the right to freedom of religion, the right to education, and protection against discrimination based on religious beliefs.
The case was brought before the courts by two Rastafarian minor students who challenged the police of Blantyre Girls Primary Schools and Malindi Secondary School, which has denied them enrollment solely because of their dreadlocks.
Supported by human rights organisations representing 73 other Rastafarian children, they argued that the Ministry of Education’s requirements for short, combed hair violated both the Education Act 2012 and their constitutional rights.
Due to the policy’s legacy of imperialism and colonialism, Judge Ntaba correctly expressed astonishment that such violations were still being addressed in the 21st century.
This policy is just one of many examples of discrimination conduct against Rastafarian beliefs. Finding this policy unlawful and unreasonable is consistent with modern Malawi.
The court rightly found that this policy is not only discriminatory based on stereotypes and stigmas, but it violates the right to education provided in Section 25 of the Constitution and many other regional and international human rights documents. The Malawian education system is meant to empower children with knowledge, skills and values of self-resilience and national development. Denying children access to education not only violates the Constitution but also contradicts this fundamental purpose.
Freedom of religion is a foundational human right and is found in section 33 of the Constitution. Rastafarians take a Nazarite vow to grow their hair in dreadlocks. Forcing children to cut off their dreadlocks to enter school violates their ability to practice their religion, and does so, again based on discriminatory stereotypes of the hairstyle and the religion.
Consequently, the court ordered the Ministry of Education to abolish the discriminatory policy and allow Rastafarian children to attend public schools with their dreadlocks intact.
This ruling eliminates the eliminates the previous dilemma faced by many Rastafarian families who were forced to choose between compromising their religious beliefs or bearing the financial burden of private schooling.
In essence, the court’s decision not only rectifies a historical injustice but also reaffirms Malawi’s commitment to upholding human rights and religious freedom for all its citizens regardless of their beliefs or appearance.
It sets precedent for inclusive education policies that respect and accommodate diverse religious practices within the countries educational institutions.
The Constitution establishes a foundation of equality for all its citizens when the constitutional rights of all are not upheld, it endangers those same rights for all.
It is incumbent on all duty bearers to strike down discriminatory policies like this one. This decision is one example of repairing an injustice.
Michaela Drucker is an Intern at Southern Africa Litigation Centre.