6
Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
As a result of the exercise of the right to change religion, the applicants disabled themselves
from discharging some of the duties of the office of deputy headmaster. They were no longer able
to perform the duties in respect of affairs in matters of the Anglican religion. The Acts of the
Diocese required the applicants in their capacities as deputy headmasters of the schools to play
leading roles in church affairs, attend church services, and project an Anglican Christian ethos in
the schools. They were required to be role models to their subordinates in the community in their
lifestyles. It was their duty to conduct themselves in a manner that promoted and upheld Anglican
Christian principles and values. The applicants deprived themselves of the right to remain deputy
headmasters at the schools. Their inability to perform important duties as deputy headmasters of
the first respondent’s schools prejudiced the interests of the community that established the
schools. The applicants confessed in the founding affidavits that they stopped carrying out the
duties of propagating the Anglican religious ethos at the schools when it was their duty to do so as
deputy headmasters and priests.
The roles played by the first and third respondents in the transfer of the applicants from the
schools were part of the consequences of the exercise by the applicants of their right to choose a
religion of their own. An exercise of a right may bring about undesired consequences. These
include reactions by others whose interests are adversely affected by the exercise of one’s right.
The applicants cannot seek protection from consequences of their own voluntary acts. As a reaction
to the situation of the inability by the applicants to manage affairs in matters of the Anglican
religion which formed an integral part of the duties of the office of deputy headmaster, the transfer
of the applicants from the schools was a means of protecting the interests of the religious
community that established the schools.