Court

Hearing for Ministry of Education, SDA case next month

January 27, 2020 12:49 pm

The appeal filed by the Education Ministry challenging a decision by the High Court will be heard next month.

The High Court had ruled in favor of Seventh Day Adventist Vatuvonu College stating they have a say in the appointment of the school heads.

The Ministry has appealed against the ruling which states there are provisions for religious community or denomination to have a say in the appointment of school heads.

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The High Court had ruled the Ministry has the power to appoint heads of schools, and acting positions under the open Merit Recruitment System – but it must be in line with Section 22 (4) of the Constitution.

The provision states every religious community or denomination, and every cultural or social community, has the right to establish, maintain and manage places of education whether or not it receives financial assistance from the State, provided that the educational institution maintains any standard prescribed by law.

The Ministry in its appeal has stated they are working in the interest of providing students the highest possible quality of education and are committed to the open-merit recruitment and selection for all teachers, head teachers, principals and heads of school.

The Ministry adds it will support faith-based organizations who wish to offer religious teachings, encourage religious values or hold prayers in schools they manage.

They further say they are deeply concerned as the decision provides the basis for unconstitutional religious tests for individuals hired by the Government and paid by taxpayers.

The Ministry and SDA have been advised to file all submissions by Thursday.

The case will be called on February 14th for hearing.