Progress on the Corporal Punishment Case

The High Court of Tanzania (Dodoma Main Registry) dismissed the Preliminary Objection (PO) in the constitutional petition challenging provisions of the Education (Corporal Punishment) Regulations, G.N. No. 294 of 2002 which provides for application of corporal punishment in Tanzanian’s schools. This is a case of Samwel Maduhu Mangu vs the Minister of Education & another, Misc. Civil Cause No. 32373/2025 before three (3) judges namely; Honorable A.Mruma, S.Hassan, and I.Musokwa , JJJ.

The petition seeks a declaration that Regulations 2, 3, and 6 of the Education (Corporal Punishment) Regulations are unconstitutional for violating children's fundamental rights protected under the Constitution of the United Republic of Tanzania.

In its ruling delivered on 1st June 2026, the Court dismissed the Respondents' argument that the petition was premature and that the Petitioner ought first to have pursued judicial review proceedings. The Court found that the issues raised in the petition concern substantial constitutional questions requiring determination on their merits.

The Petitioner argued that the objection did not constitute a proper preliminary objection because determining whether alternative remedies had been exhausted would require examination of evidence and affidavits and further maintained that the case challenges the constitutionality of the regulations themselves, rather than the legality or procedural propriety of administrative actions that would ordinarily fall within the scope of judicial review.

The constitutional petition will proceed to a full hearing, where the Court will consider whether the challenged regulations are consistent with constitutional protections, including the protection of the rights and dignity of children.

The petition forms part of ongoing efforts to strengthen the protection of children from violence and corporal punishment in educational settings and to ensure that laws governing school discipline comply with constitutional and human rights standards.

The petition shall now proceed on merit.