Facts Mathew Sogolani, a devout member of the Apostolic Faith Mission, challenged the policy mandating schoolchildren to recite a national pledge which includes saluting the national flag and invoking the words “Almighty God, in whose hands our future lies.” Sogolani argued that this practice violated his children's right to freedom of religion as it conflicted with their belief that saluting a flag constitutes worshipping a graven image, which is contrary to their religious doctrine.

Issue Whether the policy requiring schoolchildren to recite the national pledge and salute the national flag infringes on the constitutional rights to freedom of religion and parental rights to determine the religious upbringing of their children.

Rule Section 60(1) of the Constitution of Zimbabwe guarantees freedom of religion, which includes the right to practice and propagate religion and belief. Section 60(3) of the Constitution provides that parents and guardians have the right to determine the moral and religious upbringing of their children.

Analysis The court found that the compulsory nature of the pledge infringed on the children's right to freedom of religion as enshrined in Section 60(1) of the Constitution. The inclusion of religious language in the pledge, particularly the invocation of “Almighty God,” was deemed to be an endorsement of a particular religious belief, thus violating the religious freedoms of students who do not share this belief.

Additionally, the court recognized the parental right under Section 60(3) to guide the religious upbringing of their children. The mandatory pledge was seen as a violation of this right, as it compelled children to participate in a religious act contrary to their parents' religious beliefs.

The court emphasized the principle of state neutrality in matters of religion and found that the state's compulsion for all schoolchildren to recite the pledge, regardless of their religious beliefs, was unconstitutional. The policy lacked provisions for exemptions based on religious grounds, further demonstrating its infringement on religious freedom.

Conclusion The policy compelling schoolchildren to recite the national pledge and salute the national flag was declared unconstitutional. The court held that the compulsory recitation infringed on both the children's right to freedom of religion and the parental right to determine their children's religious upbringing.