CHAPTER 17 ARTICLE 17 1. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3. The promotion and protection of morals and traditional values recognized by the community shall be the duty of the State. Education A. LEGISLATIVE MEASURES 429. There is no legislation that guarantees the right to education. However, under the Constitution, Article 110 (e) takes into account considerations that will ensure the provision of equal and adequate educational opportunities in all fields at all levels. In addition, the Education Act, Chapter 134 provides for the promotion, development and control of schools, educational institutions and services. B. JUDICIAL MEASURES 430. Corporal punishment is not allowed as a form of school discipline within the State party. In John Banda Vs. the People HPA/6/1998 case, the Appellant pleaded guilty to and was convicted of malicious damage to property. In addition to one month simple imprisonment suspended for twelve months, the Appellant was ordered to receive ten strokes of the cane in accordance with Sections 24 (c) and 27 of the Penal Code, which provided for corporal punishment. In holding Sections 24 (c) and 27 of the Penal Code as unconstitutional, Justice E. E. Chulu stated: 163