9 Judgment No. CCZ 1/18 Constitutional Application Nos. CCZ 39/14 and CCZ 40/14 institution. It is in respect of an institution that a religious community has established in the exercise of freedom of religion that it can claim a right to have included in the conditions of appointment of managerial employees to its institutions by the central authority that the people be adherents of its religion. The freedom to establish institutions where religious instruction is given includes the right of the religious community to take part in the determination of who exercises the power to manage the affairs in matters of its religion at the institutions. Section 60(4) of the Constitution gives a religious community the right to establish an institution where instructions on its religion are given. It does not prohibit the religious community from adopting measures such as are prescribed in clause 12.15(d) of the constitution of the first respondent. The measures were adopted as a means of ensuring the achievement of the purposes of the schools. That the schools were established for the purpose of promoting the spirit of Anglicanism is clear from the contents of the provisions of the Acts of the Diocese. It is provided, under clause 12.15(a) of the Acts of the Diocese, that although employment in the first respondent’s educational institutions will be on merit, preference will be given to practising members of the Anglican Church. Clause 12.14 of the Acts of the Diocese provides that the teacher in an Anglican school plays a role that projects Anglicanism and contributes to the ethos of the school through a good professional approach aimed at fulfilling the mission statement. It is clear that the objectives of the Anglican schools are furthered by a number of principles which have been developed by the Anglican church. To achieve their specific aims, the Anglican schools depend not so much on the subject matter of the curriculum as on the people who work

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