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Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
It was common cause, however, that the understanding between the parties was that the policy
position of the first respondent, as stated in clause 12.15 of its constitution, be respected.
At the time they were posted to the first respondent’s schools, the applicants were
practising Anglicans. They knew and accepted that they had been posted to the respective schools
as deputy headmasters ahead of other possible candidates because they met the requirement that
all headmasters and their deputies at Anglican Church schools had to be Anglicans. Both applicants
were classroom practitioners. The first applicant taught Divinity, Bible Knowledge, Guidance and
Counselling, whilst the second applicant taught English Literature, Guidance and Counselling.
Both applicants were ordained priests, an attribute that had been taken into account when they
were posted to the first respondent’s schools.
The Acts of the Anglican Diocese of Manicaland (“Acts of the Diocese”) are explicit that
the aim of the schools under the auspices of the first respondent are “to fulfil Anglican church
ethos”. They also state that “school heads, teachers and students are expected to attend church
services and other Christian educational activities organised by the church”. “Acts” are decisions
of the Synod which are intended to have mandatory effect as part of the Ecclesiastical Law of the
Diocese.
During the period from 23 September 2007 to 21 February 2013 disputes arose in the
Anglican Diocese of Manicaland, as a result of which some members left the Anglican Church.
The applicants elected to join the newly formed Evangelical Anglican Church International and
left the Anglican Church of the Province of Central Africa. In other words, the applicants left the