synonymous: to be just is to be equal, to be unjust is to be unequaLI". 11 116. In this regard, it is important to appreciate that not every class differentiation or distinction based on sex is ultra - vires Constitution. 117. The starting point always is to determine whether or not unlawful discrimination has occurred. In this regard our courts have developed a two staged approach to assist in the deconstruction. To pass the test of permissible classification two conditions must be made viz:~ "a) The classification must be found on an intelligible differentiation, which distinguishes persons or things that are grouped together from others left out of the group. b) The differentiation must have a rationale in relation to the object sought to be achieve by the statute". 118. This approach has been well developed both in South African and Zimbabwean law. In South African law, the Courts have dealt with the doctrine of equality in a number of cases beginning with the foundational case of Brink v Kitshoff NO 1996 (4) SA 197, President of the Republic of South Africa v Hugo 1997 (4) SA (1) (CC), Prinsloo v Van der Linde & Anotl1er 1997 (3) SA 1012, Harksen v Lane NO & Others 1998 (1) SA 300 (CC). In the last case, Harksen v Lane NO & Otl1ers, supra, then inimitable Goldstone J, defined the stages of the enquiry which are as follows:~ "(a) Does the challenged law or conduct differentiate between people or categories of people? If so, does the 11 Aristole Nishomaschean Ethics (Ross Rosses) edited 1925 Volume llll131. Page 38 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared byTendai Biti Law