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