CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 (b) the exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court vested in any person by or under this Constitution or any other law. (5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their sex or gender shall be held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question— (a) gives effect to section 7(2) or any other provision of this Constitution; or (b) takes due account of physiological differences between persons of different sex or gender; or (c) makes provision in the interests of defence, public safety or public morality; except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. [Subsection inserted by section 9 of Act No. 14 of 1996 - Amendment No. 14, and amended by s. 4 of Act 5 of 2005 with effect from the 14th September, 2005.] 24 Enforcement of protective provisions (1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress. [Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10] (2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous or vexatious. [Subsection as amended by section 9 of Act 15 of 1990 - Amendment No. 10] (3) Where in any proceedings such as are mentioned in subsection (2) any such question as is therein mentioned is not referred to the Supreme Court, then, without prejudice to the right to raise that question on any appeal from the determination of the court in those proceedings, no application for the determination of that question shall lie to the Supreme Court under subsection (1). [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2] (4) The Supreme Court shall have original jurisdiction— (a) to hear and determine any application made by any person pursuant to subsection (1) or to determine without a hearing any such application which, in its opinion, is merely frivolous or vexatious; and (b) to determine any question arising in the case of any person which is referred to it pursuant to subsection (2); and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of the Declaration of Rights: Consolidation 31 1st October, 2005