Protection from racial discrimination

19 | Equality and freedom from discrimination

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. All persons are equal before the law and have the right to equal protection and benefit from the law.
  2. Everyone has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political or other opinion, custom, culture, sex, gender, marital status, age, disability or natural difference or condition or political, economic, social or other status.
  3. A person is treated in a discriminatory manner for the purpose 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.
  4. 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, just and democratic society based on human dignity, equality and freedom.
  5. To promote the achievement of equality, reasonable legislative and other measures may be taken 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).
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23 | Protection from discrimination on the grounds of race, etc.

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. Subject to the provisions of this section—
    1. no law shall make any provision that is discriminatory either of itself or in its effect; and
    2. 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 functions of any public office or any public authority.
  2. 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—
    1. by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or
    2. 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;
    3. and the imposition of that condition, restriction or disability or the according of that privilege or advantage is wholly or mainly attributable to the description by 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 No. 5 of 2005– Amendment No. 17 - 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—
    1. matters of personal law; [Paragraph amended by s. 3 of Act 5 of 2005 – Amendment No. 17 - with effect from the 14th September, 2005.]
    2. 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;
    3. 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;
    4. 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 – Amendment No. 17 - with effect from the 14th September, 2005.]
    5. the appropriation of public revenues or other public funds; or
    6. 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]
    7. 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 – Amendment No. 17 - 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 – Amendment No. 17 - with effect from the 14th September, 2005.]
  4. The provisions of subsection (1)(b) shall not apply to—
    1. 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]
    2. 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—
    1. gives effect to section 7(2) or any other provision of this Constitution; or
    2.  takes due account of physiological differences between persons of different sex or gender; or
    3. 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 s. 4 of Act 5 of 2005 – Amendment No. 17 - with effect from the 14th September, 2005.]
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