Judgment No. CCZ 7/16 31
Const. Application No. CCZ 17/15
achieve a specific social or material purpose, as the applicants have done by signing the
contentious form of admission.
I am inclined to agree. As I have indicated earlier, I do not perceive the
right to freedom of religion as being absolute or non-derogable. On that basis, I can think
of no objection to its being voluntarily waived in circumstances where such waiver does
not entail the fundamental eradication of one’s religious or conscientious beliefs. The
applicants cannot assert that their faith condemns the mixing of religious beliefs and
practices and at the same time enrol their daughters at a school with an Anglican ethos
and practices. The contract of admission that they signed categorically states that any
latitude in chapel attendance granted to the pupils would not invariably exempt their
attendance in future and that the decision of the Head in that regard would be final. In
effect, the applicants chose to bend the tenets of their faith to a limit determined by
themselves so as to gain admission to the School for their daughters. Once that limit has
been exceeded, they now invoke the right to religious freedom in order to demand that
the School should conform to their religious dictates. In other words, the applicants and
their daughters are prepared to remain “separate from a contaminated world” only to the
extent that they deem it expedient to do so. To use a well-worn adage, they cannot
approbate and simultaneously reprobate the School and its avowed ethos.
As I have already observed, freedom of religion is not an absolute right
enforceable erga omnes, at all times and in every circumstance. It cannot override and
must conform with the law of the land to the extent that such law is reasonably justifiable
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