Amends sections 22 and 23 of the constitution on freedom of movement and non-discrimination.
Amendment of section 22 of Constitution
Section 22 (“Protection of freedom of movement”) of the Constitution is amended:
(a) in subsection (3)(a) by the deletion of “in the interests of defence, public safety, public order, public morality or public health” and the substitution of “in the national interest, or in the interests of defence, public safety, public order, public morality, public health, the public interest or the economic interests of the State”;
(b) in subsection (4) by the deletion of “preventing any person from leaving Zimbabwe or”.
Amendment of section 23 of Constitution
Section 23 (“Protection from discrimination on the grounds of race, etc.”) of the Constitution is amended:
(a) in subsection (2) by the deletion of “or gender” wherever it occurs and the substitution of “, sex, gender, marital status or physical disability”;
(b) in subsection (3)—
(i) by the repeal of paragraph (a) and the substitution of— “(a) matters of personal law;”;
(ii) in paragraph (d) by the deletion of “or gender” and the substitution of “, sex, gender, marital status or physical disability”;
(iii) by the insertion of the following paragraph after paragraph (f)— “or (g) 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.”;
(c) by the insertion of the following subsection after subsection (3)— “(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.”;
Download file: Constitution Amendment No 17 Act 2005