The Constitutional Protection of Minority Religious Rights in Malawi: The Case of Rastafari Students

In Malawi, Rastafari students are prevented from attending public schools on account of their dreadlocks. This article seeks to analyse a framework for assessing whether Rastafari qualifies as a religion under section 33 of the Constitution of Malawi. The article argues that Rastafari is a recognized religion and that its sincere adherents should have full protection under the Constitution of Malawi, as do members of other religious groups. The article discusses potential problems for Rastafari litigants in Malawi and proposes some solutions. It introduces a three prong balancing test, which has been applied in particular cases in Zimbabwe and South Africa, and makes recommendations about future interpretation of the Constitution of Malawi using this test. It examines the current interpretation of the freedom of religion in Malawi and concludes with an argument for Malawi to follow the approach taken in Zimbabwe and South Africa.