ss 23–24 CONSTITUTION OF ZIMBABWE 23 Protection from discrimination on the grounds of race, etc. (1) Subject to the provisions of this section— (a) no law shall make any provision that is discriminatory either of 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 functions of any public office or any public authority. (2) 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 or creed are prejudiced— (a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or (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; and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by race, tribe, place of origin, political opinions, colour or creed of the persons concerned. (3) Nothing contained in any law shall be held to be in contravention of subsection (1) (a) to the extent that the law in question relates to any of the following matters— (a) adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; (b) the application of African customary law in any case involving Africans or an African and one or more persons who are not Africans where such persons have consented to the application of African customary law in that case; (c) restrictions on entry into or employment in Zimbabwe or on the enjoyment of services provided out of public funds in the case of persons who are neither citizens of Zimbabwe nor regarded by virtue of a written law as permanently resident in Zimbabwe; (d) qualifications, not being qualifications specifically relating to race, tribe, place of origin, political opinions, colour or creed, for service as a public officer or as a member of a disciplined force or for service with any public authority or any body corporate established directly by or under an Act of Parliament for a public purpose; (e) the appropriation of public revenues or other public funds; or (f) the according to tribespeople to the exclusion of other persons of rights or privileges relating to Communal Land. 75 (2), 94 (2) or 98 (2), or by any provision of a law that is referred to in subsection (3); or (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. [Paragraph as amended by section 20 of Act 23 of 1987] (4) The provisions of subsection (1) (b) shall not apply to— (a) anything that is expressly or by necessary implication authorized to be done by section 26