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Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
Anglican Church which owned the schools where they were stationed as deputy headmasters. After
leaving the Anglican Church, the applicants took up positions as pastors in the new church. They
were now conducting non-Anglican church services at the schools, thereby raising conflict of
interest with the host Anglican church.
Some time in 2013 the first respondent asked the applicants to stop performing prayers
within the schools as well as conducting church services. The applicants were also ordered to
remove their priestly collars. They complied with these orders. The purpose of the orders was to
discourage the applicants from using their powerful position of deputy headmaster to influence
students and other members of the school community to the benefit of their new church.
The first respondent requested the third respondent to transfer the applicants from its
schools. The request was granted. The papers show that the applicants were replaced in the position
of deputy headmaster at the two schools by Mrs Nyamapfeni and Mrs Pswarayi respectively.
The applicants took the view that the actions of the first respondent were unconstitutional
and launched an application for an order to the effect that:
“1.
It is declared that the first respondent’s conduct of seeking the transfer and eviction
of the first applicant from St David’s Girls High Bonda and the second applicant
from St Mathias Tsonzo by virtue of them not being members of the Anglican
church is unconstitutional, null and void since it infringes the applicants’ right to
equality and non-discrimination, freedom of assembly and association, and
freedom of conscience.
2.
It is hereby declared that the Agreement entered (into) between the respondents to
the effect that headmasters and deputy headmasters in the first respondent’s schools
must be Anglicans is unconstitutional, null and void.