Judgment No. CCZ 7/16 12
Const. Application No. CCZ 17/15
standards. The only qualification to the rights of an independent institution is that it must
not discriminate on any ground prohibited by the Constitution. This is the aspect that I
now turn to address.
Protection against Discrimination
The principal submission made on behalf of the applicants in relation to
discrimination is that the change of policy on chapel attendance implemented by the
Headmistress is not neutral. It is pointedly directed against the non-Anglican pupils who
were previously exempted from attendance. As such, it is clearly discriminatory on the
ground of religious belief contrary to s 56(3) of the Constitution. Moreover, it has not
been shown that such discrimination is fair, reasonable and justifiable in a democratic
society as contemplated by s 56(5).
Before adverting to the democratic
fairness,
reasonableness or
justifiability of the change of policy by the School, it is first necessary to establish
whether it is discriminatory within the meaning of s 56(3) as expatiated by s 56(4). There
are two aspects to consider in this regard, firstly, the stipulations incorporated in the
standard form of admission and, secondly, the application of the policy after admission.
With respect to the first aspect, the School’s policy on admission is that all
pupils are expected to comply with the Christian rules and routines of the School and that
no exemption from any part of the curriculum will be considered on religious grounds.
Given that this contractually agreed stipulation is intended to apply to all pupils without