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Constitutional Court

A. Timothy Kuwiza Sango v (1) The Board of Trustees of the Anglican Diocese of Manicaland, Church of the Province of Central Africa (2) The Civil Service Commission (3) The Minister of Primary and Secondary Education & B. Edward Dumbura v (1) The Board of Trustees of the Anglican Diocese of Manicaland, Church of the Province of Central Africa (2) The Civil Service Commission (3) The Minister of Primary and Secondary Education

Judgment No. CCZ 1/18

Case Details

Court
Constitutional Court
Date
28 March 2018
Citation
Judgment No. CCZ 1/18
Neutral Citation
[2018] ZWCCZ 1
Judgment No.
CCZ 1/18
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIDYAUSIKU CJ
Author
MALABA DCJ
Full Bench
CHIDYAUSIKU CJMALABA DCJGWAUNZA JCCGOWORA JCCHLATSHWAYO JCCPATEL JCCGUVAVA JCCMAVANGIRA AJCCBHUNU AJCC
Areas of Law
Constitutional LawAdministrative LawEmployment Law
Keywords
Freedom of conscienceReligious discriminationAnglican ChurchCivil servantsRight to change religion
Tags
Freedom of religionDiscriminationEmployment lawReligious schools
legislation
Statutes Cited
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
  • Constitution of Zimbabwe, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the requirement that headmasters and deputy headmasters of Anglican schools be Anglicans violates Section 60(1) of the Constitution (freedom of religion)","issue_type":"constitutional","dispositive":"yes","related_facts":"Clause 12.15(d) of Acts of the Diocese; applicants' change of religion"}
  • {"issue_text":"Whether the transfer of applicants from the schools constituted unfair discrimination under Section 56(3) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicants' change of religion; subsequent transfer"}
  • {"issue_text":"Whether the applicants' right to freedom of religion was infringed by the transfer","issue_type":"constitutional","dispositive":"yes","related_facts":"Transfer after change of religion; applicants' ability to practice new faith"}
  • {"issue_text":"Whether Section 60(4) of the Constitution permits religious communities to require religious adherence for managerial positions in their schools","issue_type":"constitutional","dispositive":"yes","related_facts":"Schools established under Section 60(4); requirement for Anglican heads/deputies"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Two deputy headmasters of Anglican Church schools changed their religious affiliation from Anglican to Evangelical Anglican Church International. The Anglican Church requested their transfer from its schools, which was granted by the government. The applicants claimed this violated their constitutional rights to freedom of religion, equality, and association.
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