Kachasu v. Attorney-General

Abstract

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Connected with legislation — Education Regulations 1966 — Requirement to sing national anthem and salute national flag — Whether a hindrance of enjoyment of freedom of conscience — Whether in the interests of defence, public safety or to protect the rights and freedoms of others — Whether reasonably justifiable in a democratic society — The law of Zambia

The individual in international law — In general — Human rights and freedoms — Freedom of conscience — Freedom of thought and religion — Jehovah's witness required to sing national anthem and salute national flag in conflict with religious beliefs — Whether religious ceremonies or observances — Objective or subjective test — Whether a hindrance of enjoyment of freedom of conscience — Burden of proof — Whether hindrance in the interests of defence, public safety or to protect the rights and freedoms of others — Whether reasonably justifiable in a democratic society — Whether criteria vary — Long established society or newly emergent society — Section 21 of the Constitution — The law of Zambia