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
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