19 | Equality and freedom from discrimination

National Constitutional Assembly (NCA) Draft Constitution (2001)

All persons are equal before the law and have the right to equal protection and benefit of the law.
Everyone has a right not to be treated in an unfairly discriminatory manner on such grounds as their race, colour, tribe, custom, place of birth, ethnic or social origin, language, class, religious belief, creed, political or other opinion, culture, sex, gender, marital status, age, disability or natural difference or condition or political, economic, social or other status.
A person is treated in a discriminatory manner for the purposes of subsection (1) if he or she is prejudiced—
1. by being subjected to a condition, restriction or disability to which other people are not subjected; or
2. through other people being accorded a privilege or advantage, which he or she is not accorded.
Discrimination on one or more of the grounds listed in subsection (1) is unfair unless it is established that the discrimination is fair, reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
To promote the achievement of equality, reasonable legislative and other measures may be taken by way of affirmative action to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and no such measure is to be regarded as unfair for the purposes of subsection (1) of this section.

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2 February 2010 - 10:40am — Anonymous (not verified)

Equality and freedom from discrimination

I would also like to advocate for the inclusion of discrimination on the grounds of sexual orientation as we all have an orientation whether Hetersoxual or Homosexual.

Although this issue has been politicised by Zanu PF mainly to divert peoples attention from the real issues affecting Zimbabwe,

I believe it is important to provide for constitutional protection as in so many cases, a violation of this fundamental right often leads to a violation of almost all the other rights of individuals who fall into this category. Like the President put it, all have rights except for gays and Lesbians

8 March 2010 - 10:01am — Anonymous (not verified)

equality and freedom from discrimination

I believe everyone should be treated equal,we are witnessing some verbal and physical attacks on the minority white population and just because they did not treat us right it has been proven that this concept of an eye for an eye will leave everyone blind ,so any kind of inflammatory speech should not be tolerated ,be it against black pple or white people.On the issue of gays,I think they are so many gays in america because many children has been raised by single parents and on many occasions they did not have a father figure and they ended up copying some habits from the streets or from the TV .This distorted their configuration and they ended up thinking that being gay is normal.I have never heard anyone close to me who is said to be gay,I think those africans who are trying to be gay they have seen too much Tv and they are trying to be American.I think gays should not be protected by any legal right ,because if we do we should also consider allowing pple to walk nacked in the street as well just like what they do in the Americas .