By Alex Magaisa
1. The drastic action taken by the Minister potentially violates section 68 of the Constitution which guarantees the right to fair administrative conduct. It jeopardise the rights, interests and legitimate expectations of innocent kids.
2. S. 68 says “Every person has a right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair.” The Minister’s directive is neither reasonable nor proportionate. It is not fair.
3. Parents should approach the courts on an urgent basis to challenge the minister’s directive, which punishes the innocent. If they identified the guilty who are to be banned from writing the second exam, why should this affect innocent kids? The decision is completely irrational.
4. S. 68 also says every person who has been adversely affected by an administrative decision must promptly be given written reasons for the decision. I’m not sure sufficient written reasons have been given to each of the affected persons in their own right.
5. As I always say, if you are a citizen let alone a lawyer, the constitution must be your next most important document in your household apart from your beloved religious text. A lot of what you seek is answered in that document. Many people can recite chapters and verses of religious texts but they have no clue what Chapter 4 of the Constitution says. It is the Declaration of Rights. Make use of it to protect yourself against arbitrary decisions.
Source: Alex T Magaisa