4 Judgment No. CCZ 1/18 Constitutional Application Nos. CCZ 39/14 and CCZ 40/14 Anglican Church which owned the schools where they were stationed as deputy headmasters. After leaving the Anglican Church, the applicants took up positions as pastors in the new church. They were now conducting non-Anglican church services at the schools, thereby raising conflict of interest with the host Anglican church. Some time in 2013 the first respondent asked the applicants to stop performing prayers within the schools as well as conducting church services. The applicants were also ordered to remove their priestly collars. They complied with these orders. The purpose of the orders was to discourage the applicants from using their powerful position of deputy headmaster to influence students and other members of the school community to the benefit of their new church. The first respondent requested the third respondent to transfer the applicants from its schools. The request was granted. The papers show that the applicants were replaced in the position of deputy headmaster at the two schools by Mrs Nyamapfeni and Mrs Pswarayi respectively. The applicants took the view that the actions of the first respondent were unconstitutional and launched an application for an order to the effect that: “1. It is declared that the first respondent’s conduct of seeking the transfer and eviction of the first applicant from St David’s Girls High Bonda and the second applicant from St Mathias Tsonzo by virtue of them not being members of the Anglican church is unconstitutional, null and void since it infringes the applicants’ right to equality and non-discrimination, freedom of assembly and association, and freedom of conscience. 2. It is hereby declared that the Agreement entered (into) between the respondents to the effect that headmasters and deputy headmasters in the first respondent’s schools must be Anglicans is unconstitutional, null and void.

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