Tumeongea sana. hebu tuangalie Katiba inasema nini kuhusu elimu kwa m-TZ.
11. The right to work, education and other rights
(1) The governing Authority will spell out appropriate procedures for the purposes of ensuring the existence of individual rights to work, to education and the right to receive assistance from the society at old age, when sick and disabled, or whenever a situation arises that will render one disabled. Without undermining those rights, the governing Authority will spell out a procedure to ensure that every individual earns a living through his own sweat.
(2) Everyone has the right to educate himself, and every citizen will be free to earn an education in any field desired and reach any limits depending on his merit and capability.
(3) The Government will endeavor to ensure that all people get equal and enough opportunity to enable them to secure an education and technical training in all levels in schools and other institutions of learning.
haki hii, pamoja na haki nyingine zilizo chini ya bill of rights, zinasomwa na vifungu vifuatavyo:
30. Limitation to rights and freedom rights and responsibilities
(1) Human rights and freedom whose foundation has been outlined in this Constitution will not be used by one person in a way that will result in interference or curtailment of rights and freedom of others or interests of the public.
(2) Let it be understood that conditions contained in this Section of the Constitution, interpreting the rights, freedom and human responsibilities do not illegalize in any way the established law or prevent any law from being enacted or any legal action being taken in accordance with that law, so as:-
(a) to ensure that justice and freedom of others or interests of the public are not violated by misuse of freedom and individual rights;
(b) to ensure that security, safety of the society, peace of the community, good conduct in the community, community health, development programs in cities and villages, production and utilisation of minerals, or aimed at developing the well being of the public;
(c) to ensure the implementation of judgement decisions or court order reached on any matter of civil or criminal nature;
(d) to maintain the reputation, justice and freedom of the majority of the people or individual life of people involved in court decisions; to prevent conveyance of secret information; to maintain respect, authority and freedom of the court;
(e) to impose restrictions, administer and guard against the establishment, operation and matters of unions and private organisations in the country; or
(f) to allow any other activity to take place, activity which will help develop and preserve the interests of the nation in general.
(3) Anyone who claims that any condition in this part of the Chapter or in any law relating to his rights or his obligations has been violated by anyone anywhere in the Union can file suit in the High Court.
(4) Without jeopardising, any other condition contained in this Constitution, the High Court will have the Authority to hear for the first time and to offer judgement on any matter brought before the court by referring to this paragraph; and the Authority of the State may enact a law so as:-
(a) to administer the procedure of filing suit in accordance with this paragraph;
(b) to interprete the powers of the High Court in hearing the suit filed under this paragraph.
(c) to ensure proper application of the powers of the High Court, protection and reinforcement of justice, freedom and obligations in accordance with this Constitution.
Nimejaribu kuangalia sheria inayokataza migomo TZ, so far sijapata. what came to mind ni sheria ya kazi, na haiwezi ku-apply hapa kwani wanafunzi sio wafanyakazi/wajiriwa.
Ninaamini kuwa hakuna sheria inayokataza migomo vyuoni ndio maana kila mara migomo ilipotokea UD DARUSO walikimbilia mahakamani na hata kabla kesi haijaanza kutajwa wanafunzi walirudishwa madarasani. Haipo hiyo sheria, thats why serikali/chuo hawajawahi kuitumia kuwashitaki waendesha migomo, sana sana viongozi wa migomo waliishia kufukuzwa/kusimamishwa masomo kama kina Mbatia,, no criminal proceedings were ever instituted against them.
Unless iko sheria ambayo sijaiona.
Vipengele hivi vya Katiba nimevipata kwenye web so sijui kama vimejumuisha mabadiliko yanayotokea kila kukicha au vipi. Cha msingi; hivi ndivyo haki ya elimu ilivyo nadani ya Katiba, na haki hiyo kama zilivyo haki nyingine sio absolute.
Interpreted, hiyo haki inaweza kuchezewa na serikali vile itakavyo.
There we are.