CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005 [Subsection as amended by s. 9 of Act No. 14 of 1996 - Amendment No. 14, and by s. 4 of Act No. 5 of 2005 with effect from the 14th September, 2005.] (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) matters of personal law; [Paragraph amended by s. 3 of Act 5 of 2005 with effect from the 14th September, 2005.] (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, creed, sex, gender, marital status or physical disability, 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; [Paragraph as amended by section 9 of Act No. 14 of 1996 - Amendment No. 14, and by s. 4 of Act No. 5 of 2005 with effect from the 14th September, 2005.] (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; or [Paragraph as amended by section 20 of Act 23 of 1987] (g) the implementation of affirmative action programmes for the protection or advancement of persons or classes of persons who have been previously disadvantaged by unfair discrimination. [Paragraph inserted by s. 4 of Act 5 of 2005 with effect from the 14th September, 2005.] (3a) Notwithstanding subsection (3)(b), in implementing any programme of land reform the Government shall treat men and women on an equal basis with respect to the allocation or distribution of land or any right or interest therein under that programme. [Subsection inserted by s. 4 of Act 5 of 2005 with effect from the 14th September, 2005.] (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 any provision of a law that is referred to in subsection (3); or [Paragraph as amended by section 9 of Act No. 14 of 1996 - Amendment No. 14] (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. Reissue 30 14th September, 2005