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Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
MALABA DCJ:
These are two separate applications which are substantially similar,
in that they raise the same issues and seek the same kind of relief against the same respondent
church.
BACKGROUND
The applicants are employed by the Ministry of Primary and Secondary Education as fulltime civil servants. The applicants were deputy headmasters at St. David’s Bonda High School
and St. Mathias Tsonzo High School respectively. Both schools were established and are
administered by the Anglican Church of the Province of Central Africa (“the Anglican Church”)
through the first respondent. The second respondent employs all civil servants; whilst the third
respondent is responsible for the deployment of civil servants in the education sector through
relevant regional administrative offices. The third respondent is tasked with the responsibility of
supervising all civil servants employed in the education sector. The applicants report to the third
respondent.
The “ACTS OF THE DIOCESE”, which are the constitution of the first respondent,
provide under clause 12.15 as follows:
“12.15 GENERAL
d)
Heads and their deputies should be Anglicans so that the spirit of Anglicanism
is maintained. Other members of staff should be Anglicans or as recommended by
the Boards and Ministry of Education.” (My emphasis)
There was no evidence of an express agreement entered into between the first respondent
and the third respondent in terms of which the Government bound itself to deploy to schools owned
by the former, headmasters and deputy headmasters who adhered to the doctrine of Anglicanism.