Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
race, tribe, place of origin, political opinions, colour, creed , sex, gender, marital
status or physical disability of the persons concerned.
[Subsection as amended by s. 9 of Act No. 14 of 1996 –Amendment No. 14 – and by
s 4 of Act 5 of 2005 – Amendment No. 17]
(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 as substituted by section 4 of Act 5 of 2005 – Amendment No. 17]
(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 section 4 of Act No. 5 of 2005 – Amendment No. 17]
(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 section 4 of Act 5 of 2005 – Amendment No. 17]
(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 section 4 of Act 5 of 2005 – Amendment No. 17]
(4) The provisions of subsection (1)(b) shall not apply to—
(a) anything that is expressly or by necessary implication authorised 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]
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