13
HMA 36-18
HC 263/18
[33]
Sloppy drafting aside, the application was well supported by very strong evidence of
abuse by the respondents in the form of sworn statements by eye witnesses; pictures;
media reports; documents; correspondence, and the like. Undoubtedly, the first
respondent's defence was wool over eyes.
[34]
I was satisfied that the respondents were guilty of the blatant abuse of the rights and
freedoms of the school children; their schools and their teachers as set out in the
application. Among others the respondents' conduct infringed on a number of the
rights of children as set out in the Constitution, such as the following:
•
the right to education [s 75 and s 81(1)(/)];
•
the right not to be compelled to take part in any political activity [s 8l(l)(h)];
•
the right not to perform work or provide services that are inappropriate for the
children's ages [s 19(3)(b)(i)];
•
the right not to perform work or provide services that place at risk the children's wellbeing, education, physical or mental health or spiritual, moral or social development [s
19(3)(b)(ii)];
[3 5]
The respondents' conduct infringed on the rights of the applicants' members as set out
in the Constitution, such as the following:
•
the right to freedom of assembly and association, and the right not to assemble or
associate with others [s 58(1)];
•
the right not to be compelled to belong to an association or to attend a meeting or
gathering [s 58(1)];
•
[in relation to school premises and assets under their occupation, custody or control]
the right to hold, occupy and use property, and the right not to be compulsorily deprived
of same [s 71(2) and (3)].
[36]
Evidence placed before me was that the Chinzanga Primary School event was a political
rally by the first respondent at which school children had been forced to attend. The
evidence also showed that it was rampant practice by the first respondent, either
directly, or through the agency of officials of the second respondent's ministry or other
govermnent agencies, to commandeer school premises, buses and other vehicles, and
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