Judgment No. CCZ 11/15 12
Const. Application No. CCZ 28/11
I am satisfied, in the result, that the limitation to freedom of association that is
imposed by s 182(1) of the Code, is reasonably justifiable in a democratic society, is an
acceptable derogation from the right to freedom of association and is not excessive or
arbitrary in relation to the objective to be attained by virtue of the limitation.
Accordingly, I find that the arrest of the applicant, which was effected under
the impugned law, did not translate into a violation of the applicant’s right to freedom of
association.
Freedom from discrimination
Section 23 of the old Constitution provided for protection against
discrimination as follows:“23 Protection from discrimination on the grounds of race.
(1)
(2)
Subject to the provisions of this section
(a)
no law shall make any provision that is discriminatory either in
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 function of any public office or 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 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 others of another such description are not made subject
to.
(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 ---“
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