Judgment No CCZ 4/14 8 Const. Application No SC 207/11 facilities and no drinking water. A detainee would have to drink from the tap right above the open toilet hole. The flushing mechanism for the toilet was located outside the cell and the toilets were flushed at the convenience of the police. In addition to the Court’s observations above, the established facts were that the applicants, women, were made to remove their brassieres and shoes and to place them in a bag with their other belongings. The court was shown a canvas bag of the type used by the applicants and noted that it, as well as the others observed to be hanging nearby, was dirty probably by reason of use by other detainees. Established also was the fact that the applicants were made to walk barefoot to and in the cell. There were sixteen detainees including the applicants in the cell which was meant to accommodate six people. Only three blankets were provided for use by the sixteen occupants of the cell. The applicants were provided with no food or drinking water, no toilet paper or soap. The occupants of the cell were unable to flush the toilet after use, having to depend on the pleasure of the police to flush it from outside. THE COMPLAINT AGAINST DISCRIMINATION Section 23(1) of the Constitution provides: “23 PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, ETC (1) Subject to the provisions of this section— (a) (b) (2) no law shall make any provision that is discriminatory either of itself or in its effect; and 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. 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