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Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
The requirement that a person appointed to be headmaster or deputy headmaster at schools
established by the first respondent should be an Anglican was imposed honestly, in good faith and
for a legitimate purpose of ensuring that affairs in matters of the Anglican religion were properly
managed. The requirement was clearly related in an objective sense to the performance of the
duties of a deputy headmaster of a religious school. The requirement of religious conformance was
imposed solely to promote the objects of the schools. The requirement underlines the fact that it is
of primary importance to the achievement of the objectives of the schools that the headmaster and
deputy headmaster be embodiments of the doctrines and ethos of the Anglican religion for them
to preside over their teaching to students and their practices as a way of life at the schools. Having
regard to all these principles and the special nature and objectives of the first respondent’s schools,
the requirement that the headmaster and deputy headmaster be Anglican is consistent with the
exercise of the right to freedom of religion. The principle of religious neutrality does not apply to
a private school established by a religious community for the purpose of propagating and
promoting the collective faith.
Lastly, the allegation that the applicants’ right to freedom to choose a religion of their own
was infringed because their transfers were penalties for having exercised their right to change
religion is without foundation in fact and in law. The applicants were not transferred because they
changed religion. No-one is compelled to be a member of a religious organisation. The respondents
respected their right to freely choose to change religion. They were transferred because they had
placed themselves in situations in which they were no longer able to perform some of the core
functions of the office of deputy headmaster at the schools.