Facts
Zakaria Kamwela and 126 other students, all Jehovah's Witnesses, were expelled or subjected to disciplinary actions by their respective schools for refusing to sing the National Anthem during school assemblies, citing religious beliefs. The students argued that singing the anthem violated their Bible-trained consciences. They appealed to various educational authorities, including the Regional Education Appeal Board and the Minister of Education, but their appeals were dismissed. Consequently, they petitioned the High Court seeking declarations that their expulsions violated their constitutional rights to freedom of religion and conscience.
Issue
Whether the enforcement of the Education Circular requiring students to sing the National Anthem during school assemblies violated the appellants' constitutional rights to freedom of religion and conscience under Articles 19(1) and 29(1) of the Tanzanian Constitution.
Rule
Article 19(1) of the Tanzanian Constitution: Guarantees the right to freedom of conscience, religion, and belief.
Article 29(1) of the Tanzanian Constitution: Protects the fundamental rights and duties of individuals.
Section 5(f) of the National Education Act: Allows the Minister to promote education in accordance with national interests.
Doctrine of Delegated Legislation: Regulations or circulars must be issued by a competent authority and published in the Gazette to have the force of law.
Analysis
Freedom of Religion: The court found that the appellants' refusal to sing the National Anthem was based on their sincerely held religious beliefs. The majority judges at the High Court failed to properly evaluate the sincerity and conscientiousness of these beliefs, erroneously questioning their validity.
Validity of the Circular: The Education Circular requiring the singing of the National Anthem was issued by the Commissioner for Education, not the Minister, and was not published in the Gazette. Thus, it lacked the force of law. The court determined that the Circular was an administrative directive rather than a legally binding regulation.
Secular State: Tanzania is a secular state where religious beliefs should not interfere with state affairs. However, the appellants' right to freedom of religion includes the right to manifest their beliefs, which the Circular failed to respect.
Rights under Article 19(1): The court emphasized that fundamental rights should be broadly and liberally interpreted to protect individuals' freedoms. The appellants were entitled to the protection of their religious beliefs under Article 19(1).
Conclusion
The court allowed the appeal, quashing the decision of the High Court and declaring that the appellants' constitutional rights to freedom of religion and conscience had been violated. The court ordered the reinstatement of the students without any conditions requiring them to sing the National Anthem.