Section 23(1) of the Constitution provides: PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF “23 RACE, ETC (1) Subject to the provisions of this section— (a) no law shall make any provision that is discriminatory either of 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 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— (a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or (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; 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.” The applicants allege that they were treated in a discriminatory manner in that firstly, they were subjected to sanitary conditions, restrictions or disabilities that peculiarly isolate them and amount to inhuman and degrading treatment. In that connection it was submitted that:- which results in some partiality or inequality of treatment is the popular ‘treatment meaning of the word and is the meaning which should be adopted in ‘discrimination’ this case for is the duty of the court to hold the scales evenly between different ‘It classes of the community and to declare invalid practice, which...results in partial and unequal treatment to a substantial degree between different sectors of the community.”
Section 23(1) of the Constitution provides: “23 PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE, ETC (1) Subject to the provisions of this section— (a) no law shall make any provision that is discriminatory either of 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 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— (a) by being subjected to a condition, restriction or disability to which other persons of another such description are not made subject; or (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; 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.” The applicants allege that they were treated in a discriminatory manner in that firstly, they were subjected to sanitary conditions, restrictions or disabilities that peculiarly isolate them and amount to inhuman and degrading treatment. In that connection it was submitted that:- ‘treatment which results in some partiality or inequality of treatment is the popular meaning of the word ‘discrimination’ and is the meaning which should be adopted in this case for ‘It is the duty of the court to hold the scales evenly between different classes of the community and to declare invalid practice, which...results in partial and unequal treatment to a substantial degree between different sectors of the community.”
CCZ%2004-14%20WILLIAMS%20%26%203%20Ors%20v%20CO-MINISTERS%20OF%20HOME%20AFFAIRS_0.docx