ON DECEMBER 22, 1982, the High Court of Swaziland in southern Africa rendered a courageous decision favouring religious freedom. The case involved two young children, Celiwe and Sivikelo, who two years previously had been expelled from the Emhlangeni Primary School because of their religious beliefs. On the above date, Swaziland Judge Hassanali ordered that these children be readmitted to school.

What caused the problem? Celiwe and Sivikelo are children of Jehovah’s Witnesses. Since 1970 more than 90 Witness children have been expelled from various schools, in all cases because they did not join in the saying of prayers or the singing of hymns and anthems, usually performed during morning school assembly. Of course, they did nothing to disturb such proceedings. But Jehovah’s Witnesses, while believing in religious toleration, do not believe in interfaith. And many of the hymns, anthems and prayers contain religious thoughts and sentiments that do not match what the children have learned from their study of the Bible. Hence, they stood respectfully silent while their schoolmates sang or bowed their heads in prayer. (Matthew 4:10; 1 Corinthians 10:14, 21, 22) Principals and teachers took exception to the Witness children’s nonparticipation. Hence the expulsions.

It should be noted that Emhlangeni Primary School did not act out of blind prejudice when the authorities there expelled Celiwe and Sivikelo. In fact, the school had accepted these children after they had been expelled from other schools. However, outsiders brought pressure on the school authorities and finally the expulsions occurred. The father of Celiwe and Sivikelo took legal action and, as we have seen, the final decision was favorable.

It is of interest that the original Swaziland constitution, adopted when the country gained independence in 1968, made provision for this type of problem. Under the heading “Protection of freedom of conscience,” the following was stated: “Except with his own consent (or, if he is a minor, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that he does not profess.”

In 1973 the Swaziland constitution was suspended with a view to forming a new one more in line with the Swazi way of life. It is hoped that commendable guarantees, like those contained in the original constitution, will again be adopted. In the meantime, Jehovah’s Witnesses deeply appreciate the High Court ruling, which is a precedent in favour of such religious freedom.

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IN THE HIGH COURT OF SWAZILAND

HOLDEN AT MBABANE ON THE 22ND DAY OF DECEMBER, 1982 BEFORE THE HON. MR. JUSTICE HASSANALI.

CIV. T. NO. 520/82

In the matter of:

JOHN NDZIMANDZE Plaintiff

and

JOSEPH HLATSHWAYO 1st Defendant

ABRAHAM MABUZA 2nd Defendant

BEING: A Suit;

WHEREUPON: Having heard Counsel for the Plaintiff and evidence adduced, there being no appearance by or on behalf of the Defendants;

IT IS ORDERED.

1. That Plaintiff’s said minor children be re-admitted as scholars at Emhlangeni Primary School, Bhunya;

2. That judgment by default be and is hereby granted against 1st and 2nd Defendants for the sums of (i) E80.00, (ii) E240.00, E1000.00 and E100.00 jointly and severally the one paying the other to be absolved.

3. That the Defendants do pay costs of this suit.

BY ORDER OF THE COURT

GIVEN UNDER MY HAND AND SEAL OF THE COURT AT MBABANE THIS 22ND DAY OF DECEMBER, 1982

REGISTRAR OF THE HIGH COURT