differentiation bear a rational connection to a legitimate government purpose? If it does not then there is a violation of the equality provisions in the Constitution. connection, Even if it does a bear rational it might nevertheless amount to discrimination. (b) Does the differentiation amount to unfair discrimination? This requires a two-stage analysis:- (i) Does the differentiation amount to 'discrimination? If it is on a specified ground, then discrimination will have to be established? If it is not on a specified ground, then whether or not there is discrimination wiH depend upon whether, objectively, the ground is based on attributes and characteristics which have the potential to impair the fundamental human dignity of persons as human beings or to affect them adversely in a comparably serious manner. (ii) If the differentiation amounts to 'discrimination', does it amount to 'unfair discrimination'? If it has to be has been found to have been on specified ground, and then unfairness will be presumed. If on an unspecified ground, unfairness will have to be established by complainant. The test of unfairness focuses primarily on the impact of the discrimination on the complaint and others in his or her situation. If not at the end of this stage of the enquiry, the differentiation is found not to be unfair, then there will be no violation. Page 39 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 by Tendai Biti Law