Judgment No. CCZ 7/16 5
Const. Application No. CCZ 17/15
“4. That the School’s rules and regulations, as amended from time to time, shall
bind and be observed by my daughter and, insofar as they concern me, also by
me. I further accept that by signing this enrolment contract I will be bound by the
Arundel Parents’ Association constitution, which is available to me on request.
5. That the School is founded on Christian principles, and all pupils are expected
to comply with the rules and routines thus implied. No exemption from any part
of the curriculum will be considered on religious grounds. Any latitude
concerning Chapel attendance, holy days, special meal requirements, dress codes
etc. will be at the sole discretion of the Head, whose decision will be accepted as
final and binding on my daughter.”
Relevant Constitutional and Statutory Provisions
Section 2 of the Constitution reaffirms the supremacy of the Constitution,
in terms that are significantly wider and more inclusive than those embodied in its
precursor in the former Constitution, as follows:
“(1) This Constitution is the supreme law of Zimbabwe and any law, practice,
custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
(2) The obligations imposed by this Constitution are binding on every person,
natural or juristic, including the State and all executive, legislative and judicial
institutions and agencies of government at every level, and must be fulfilled by
them.”
Also relevant for present purposes is s 47 of the Constitution which
recognises the existence of rights other than those contained in the Declaration of Rights:
“This Chapter does not preclude the existence of other rights and freedoms that
may be recognised or conferred by law, to the extent that they are consistent with
this Constitution.”
As I have already indicated, the specific relief sought by the applicants
relates to the alleged violation of their daughters’ freedom of conscience and religion,
right to protection against discrimination and right to education, as enshrined in ss 60, 56
and 75 of the Constitution. These sections, in their relevant portions, provide as follows: