5
Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
3.
It is declared that the removal of the applicants from the post/office of the deputy
headmaster by the first respondent and appointment of a Mrs Nyamapfeni and Mrs
Pswarayi respectively as replacements for the respective applicants is
unconstitutional, null and void since it usurps the second and third respondents’
powers as enshrined in the Constitution of Zimbabwe.
4.
The first respondent be and is hereby ordered to pay the costs of the application.”
The second and third respondents have not opposed the applications.
Each applicant brought the application on the allegation that his right to freedom from
unfair discrimination (s 56(3)), right to religion (s 60(1)), and right to freedom of assembly and
association (s 58(1)) has been infringed by the respondents. The facts show that there was no
infringement by the respondents of any of these rights of the applicants.
The Court holds that the applications were without merit. The reasons now follow.
The applicants had no basis for the allegation that they were discriminated against by the
implementation of the requirement of clause 12.15(d) of the Acts of the Diocese to the effect that
headmasters and deputy headmasters of the first respondent’s schools be adherents of the Anglican
religion. They benefitted from the observance of the requirement by the representatives of the
second and third respondents when they were appointed deputy headmasters of the respective
schools. The request by the first respondent to the third respondent that the applicants be
transferred from its schools, which request was granted, was a direct consequence of the exercise
by the applicants of their right to freely choose a religion of their own to practise and propagate.