Chapter Four
Protection and promotion of fundamental and other human rights
and freedoms.
General.
20.
Fundamental and other human rights and freedoms.
(1) Fundamental rights and freedoms of the individual are inherent
and not granted by the State.
(2) The rights and freedoms of the individual and groups enshrined
in this Chapter shall be respected, upheld and promoted by all organs and
agencies of Government and by all persons.
21.
Equality and freedom from discrimination.
(1) All persons are equal before and under the law in all spheres of
political, economic, social and cultural life and in every other respect and
shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not
be discriminated against on the ground of sex, race, colour, ethnic origin,
tribe, birth, creed or religion, social or economic standing, political opinion
or disability.
(3) For the purposes of this article, “discriminate” means to give
different treatment to different persons attributable only or mainly to their
respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed
or religion, social or economic standing, political opinion or disability.
(4) Nothing in this article shall prevent Parliament from enacting laws
that are necessary for—
(a) implementing policies and programmes aimed at redressing
social, economic, educational or other imbalance in society; or
(b) making such provision as is required or authorised to be made
under this Constitution; or
(c) providing for any matter acceptable and demonstrably justified in
a free and democratic society.
(5)
Nothing shall be taken to be inconsistent with this article which