Court reserves ruling on Anglican case

HARARE - The Constitutional Court has reserved ruling in a case in which St Matthias Tsonzo School headmaster and his deputy are challenging the decision to relieve them of their duties for being non-Anglicans.

Timothy Kuziwa and his substantive deputy Edward Dumbura, through their lawyers Lewis Uriri and Tawanda Zhuwarara, said they were transferred from the school and discriminated against on religious grounds. They argued such conduct was unconstitutional.

In the application, they cited the board of trustees of the Anglican Diocese of Manicaland, Church of the Province of Central Africa (CPCA), the Civil Service Commission and the minister of Primary and Secondary Education as respondents.

Zhuwarara told the full Constitutional Court bench that the school’s requirement that non-Anglicans cannot head the institution was discriminatory.

“They (Kuziwa and Dumbura) chose a religion of their choice and should not suffer for exercising their fundamental rights,” Zhuwarara said.

However, the school’s lawyer Adrian de Bourbon said the matter was a labour dispute, which was not supposed to be brought to court on a constitutional basis.

He further said that the issue was administrative.

“This court cannot find that the decision to transfer is a penalty. It is an administrative arrangement,” de Bourbon said, adding that there was no infringement on the duo’s freedom of religion.

He said that the two were relieved of their duties because they no longer qualified for their positions.

Dumbura was a pastor with CPCA before he jumped ship and joined Evangelical Anglican Church International.

The Anglican Church stripped him of his priesthood, before further demanding him to relinquish his position of deputy headmaster because he was not Anglican.

The learning institution said that the position of headmaster and his deputy is reserved for practising Anglicans, a position the church’s education secretary said was reached between the government, through the ministry of Education and the Anglican Diocese of Manicaland.

The duo told the court that they are being targeted despite the fact that there were other teachers at the school who are non-Anglican.

Dumbura and Kuziwa said the school had infringed upon their right to equality, non-discrimination, freedom of assembly, association and freedom of conscience, further describing the church’s actions as “discriminatory”.

 

Comments (4)

If you are not Anglican how can you work with sponsors etc?? ibva!!

selele - 23 October 2014

yes you can plan ahead to secure your future. Start your own business which you can control yourself. We at Flixcom Solutions will help you register a company, register the same with Zimra, help you with your bookkeeping and accounts, prepare business plans, company profiles, applications for vendor number etc. there are plenty of opportunities in Zimbabwe and we can all play a role in resuscitating our national economy. email: flixcomsol@gmail.com, 0771 419 294, 0776 228 760

Flixcom Solutions - 24 October 2014

The feud between Kunonga and CCAP taking extra time. The two gentlemen are tasting their share of involvement in religious politics

SaMawaka - 25 October 2014

All because of involvement in religious politics, Kunonga's extensions

SaMawaka - 25 October 2014

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