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Senior Court Reporter
The Constitutional Court on Wednesday declared as unconstitutional a decision by Batanai Secondary School in Mashava to expel four girls for wearing long hair.
Twin sisters Yolanda and Yonlanda Manyere, Melody Svondo and Vimbainashe Matarirano were in September last year expelled from school for breaching school rules by refusing to cut and shape their hair as required.

Three of the girls were in Form One while one was in Form Two when they were expelled.

They were re-admitted to the school a month later pending determination of their court challenge of the school rules.

They are all members of the End Time Message Ministry, which does not allow females to shave or trim their hair.

The church’s doctrine is premised on 1 Corinthians 11 verse 6 of the Bible, which makes shaving or trimming of hair unacceptable for women or girls.

The girls’ parents engaged Harare lawyer Mr Joshua Shekede, who contested the expulsion, arguing it infringed on the girls’ freedom of conscience.

The parents also argued that the decision was discriminatory.

Lawyers representing the Ministry of Primary and Secondary Education admitted that the decision was discriminatory and unconstitutional, prompting the court to grant the order sought.

The order reads: “It is declared that the first respondent’s (headmaster) decision in expelling the applicants’ children from school on the basis that they refused to shave or trim their hair is an infringement of their right to freedom of conscience as enshrined in Section 60(1) of the Constitution of Zimbabwe Amendment No. 20, 2013.

“The children of the applicants should not be refused admission to Batanai Secondary School on the basis of the length of their hair …”

In the application, the parents argued that when their children enrolled at the school, there were no such rules and they were imposed at a later stage to the disadvantage of their children.

Trouble started in May 2013 when the school authorities demanded that all children must shave or trim their hair.

End Time Message pastors wrote to the school authorities trying to explain to them the girls’ situation, but the school authorities were adamant to an extent of expelling the children.

The parents indicated that their children were subjected to untold suffering when they were called names and insulted in the full glare of others.

It was also the parents’ argument that their children appeared neat and tidy at school as they could manage their long hair.

The parents wanted their doctrinal belief to be respected as enshrined in the Constitution of Zimbabwe.

It was the parents’ argument that their children were prejudiced because they lost several lessons during the expulsion.