Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) whether or not he is married or related to another person who is a citizen of or permanently resident in Zimbabwe; [Paragraph as substituted by section 8(1) of Act No. 14 of 1996 – Amendment No. 14. Section 8(2) of Act No. 14 of 1996 provides that nothing in section 8(1) “shall affect any right to reside or remain in Zimbabwe that accrued to any person before the date of commencement of the Act.”] (e) for the imposition of restrictions by order of a court on the right of any person to leave Zimbabwe that are required for the purpose of ensuring that he appears before a court or other adjudicating authority as a party or a witness or to secure the jurisdiction of the court or other adjudicating authority for the purposes of any civil proceedings; or (f) for the imposition of restrictions on the residence within Communal Land of persons who are not tribespeople to the extent that such restrictions are reasonably required for the protection of the interests of tribespeople or their well-being; [Paragraph as amended by section 23 of Act 23 of 1987] except, in the case of any provision referred to in paragraphs (a) to (e), so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. (4) The provisions of subsection (3)(a) shall not be construed as authorising a law to make provision for excluding or expelling from Zimbabwe any person who is a citizen of Zimbabwe. [Subsection as amended by section 3 of Act 5 of 2005 – Amendment No. 17] 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, creed , sex, gender, marital status or physical disability 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 - 32 -