7 Judgment No. CCZ 1/18 Constitutional Application Nos. CCZ 39/14 and CCZ 40/14 A person who occupies a position in the administration of a private school established and managed by a religious community on the condition that he or she is an adherent to the religion for which the denomination stands, but later changes religion in the exercise of the right to freedom of conscience thereby disabling himself or herself from continuing in occupation of the office, entitles the authority with the power to do so to remove him or her from the office. The church, as an organised religious community of people with substantially similar views on matters of faith, has a right to protect its interests in schools established for the purpose of promoting its religion. Where the individual and collective aspects of s 60 of the Constitution conflict, it will generally be appropriate to consider that the collective rather than the individual interests prevail – so long as the former do not become oppressive or tyrannical. The allegation that the requirement in clause 12.15(b) of the Acts of the Diocese, that headmasters and deputy headmasters of the first respondent’s schools be Anglicans, is an infringement of s 60(1) of the Constitution was made without having taken into account and considered all relevant factors. Section 60(1) of the Constitution gives every person the right to freedom of religion and freedom to practise and propagate one’s religion whether in public or in private and whether alone or together with others. The schools to which the qualification for employment of headmasters and deputy headmasters relates are religious schools. They are not public schools. In addition to the ordinary academic programme, a religious element, which determines the nature and character of the institution, is present in these schools. To carry out the purposes of the schools, full effect must be given to this aspect of their nature.