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Harare High Court
Linah Pfungwa and Justice for Children Trust v Headmistress Belvedere Junior Primary School and Minister of Education, Sport and Culture and Minister of Justice, Legal and Parliamentary Affairs
HH 148-17
Case Details
Court
Harare High Court
Date
3 March 2017
Citation
HH 148-17
Neutral Citation
[2017] ZWHH 148
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Constitutional LawChildren's Rights
Keywords
corporal punishmentchildren's rightsconstitutional declaratory orderphysical abuse
Tags
corporal punishmentchildren's rightsconstitutional application
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether corporal punishment in schools and homes violates children's constitutional rights under sections 51, 53 and 81 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Makanaka's assault by teacher, physical injuries sustained"}
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background
Facts of the Case
Background
A teacher at Belvedere Junior Primary School assaulted the first applicant's daughter Makanaka with a rubber pipe for failing to have her homework book signed, causing physical injuries and trauma. The applicants, including a child protection organization, sought a constitutional declaratory order that corporal punishment in schools and homes violates children's constitutional rights.
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