8 Judgment No. CCZ 1/18 Constitutional Application Nos. CCZ 39/14 and CCZ 40/14 The schools were established by the first respondent in the exercise of the right enshrined in s 60(4) of the Constitution. Section 60(4) of the Constitution provides: “60 Freedom of conscience (1) to (3) … (4) Any religious community may establish institutions where religious instruction may be given, even if the institution receives a subsidy or other financial assistance from the State.” The words “religious community” in s 60(4) of the Constitution must take colour from the word “religion”. The expression “religious community” must satisfy three conditions – (1) it must be a collection of individuals who have a system of belief or doctrines which they regard as conducive to their spiritual wellbeing, that is, a common faith; (2) common organisation; and (3) designation by a distinctive name. There is no doubt that the first respondent is a religious community. Only a religious community has the power to establish an institution for the purpose prescribed under s 60(4) of the Constitution. The first respondent exercised the right and established schools where one of the objectives is to give to the students religious instruction deemed valuable by their parents who largely share the Anglican faith. The instructions would obviously not be in conflict with any public interest. Section 60(4) of the Constitution does not forbid a religious community that has established a school from having an influence on the mechanisms for the appointment of officials to occupy positions that are critical in ensuring the achievement of the objectives of the establishment of its