Judgment No. CCZ 7/16 4
Const. Application No. CCZ 17/15
School. She avers that this agreement, which constitutes a binding contract, expressly
provides that any latitude from chapel attendance is at her sole discretion and that her
decision in that regard is final and binding. The agreement also provides that any changes
to the School rules must be observed and followed by the signatory parents and their
daughters. One of her functions is to articulate the values of the School and morning
chapel is the only time when pupils come together in an environment most conducive for
the values and ethos of the School to be properly impacted upon them. It is not
compulsory for any pupil to participate in any activity such as singing or praying or to
abandon her beliefs during chapel. What is compulsory is that all pupils attend and evince
respectful behaviour in chapel. The applicants were not forced to enrol their daughters at
the School. They should respect the rights of the School’s founding members who
established an educational institution that conforms with and pursues their own values
and beliefs. The School authority is constitutionally entitled to establish and maintain the
School and impose reasonable rules to be followed at the School. It should not be
precluded from pursuing its religious beliefs and insisting on anyone who joins the
School to respect its views. Such policy is reasonable and those who agree to join the
School despite their religious views must be taken to have necessarily waived their own
constitutional rights.
For the sake of completeness, it is necessary to set out the relevant
provisions of the standard application form of admission to the School. Upon signature,
each of the applicants acknowledged and understood that his daughter had been accepted
for entry as a day student at the School on the following express terms and conditions: