Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) (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. (5) Nothing contained in or done under the authority of any law that discriminates between persons on the ground of their sex or gender shall be held to be in contravention of subsection (1)(a) or (b) to the extent that the law in question— (a) gives effect to section 7(2) or any other provision of this Constitution; or (b) takes due account of physiological differences between persons of different sex or gender; or (c) makes provision in the interests of defence, public safety or public morality; except in so far as that law or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society. [Subsection inserted by section 9 of Act No. 14 of 1996 – Amendment No. 14 – and amended by section 4 of Act No. 5 of 2005 – Amendment No. 17] 23A Political rights (1) Subject to the provisions of this Constitution, every Zimbabwean citizen shall have the right to⎯ (a) free, fair and regular elections for any legislative body, including a local authority, established under this Constitution or any Act of Parliament; (b) free, fair and regular elections to the office of President and to any other elective office; (c) free and fair referendums whenever they are called in terms of this Constitution or an Act of Parliament. (2) Subject to this Constitution, every adult Zimbabwean citizen shall have the right⎯ (a) to vote in referendums and elections for any legislative body established under this Constitution, and to do so in secret; and (b) to stand for public office and, if elected, to hold office. [Section inserted by section 5 of Act No. 1 of 2009 – Amendment No. 19] 24 Enforcement of protective provisions (1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of subsection (3), apply to the Supreme Court for redress. [Subsection as amended by section 9 of Act 15 of 1990 – Amendment No. 10] (2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, - 34 -