Judgment No. CCZ 11/15 12 Const. Application No. CCZ 28/11 I am satisfied, in the result, that the limitation to freedom of association that is imposed by s 182(1) of the Code, is reasonably justifiable in a democratic society, is an acceptable derogation from the right to freedom of association and is not excessive or arbitrary in relation to the objective to be attained by virtue of the limitation. Accordingly, I find that the arrest of the applicant, which was effected under the impugned law, did not translate into a violation of the applicant’s right to freedom of association. Freedom from discrimination Section 23 of the old Constitution provided for protection against discrimination as follows:“23 Protection from discrimination on the grounds of race. (1) (2) Subject to the provisions of this section (a) no law shall make any provision that is discriminatory either in itself or in its effect; and (b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law, or in the performance of the function of any public office or public authority For the purposes of subsection (1), a law shall be regarded as making a provision that is discriminatory and a person shall be regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by race, tribe, place of origin, political opinions, colour, creed , sex gender, marital status or physical disability are prejudiced(a) by being subjected to a condition, restriction or disability to which others of another such description are not made subject to. (b) by the according to persons of another such description of a privilege or advantage which is not accorded to persons of the first mentioned description ---“