Page:Constitution of Rhodesia, 1965.pdf/51

 society which has a proper respect for the rights and freedoms of the individual, the necessity of that law on the grounds specified in the certificate or, as the case may be, the necessity of those re- strictions cannot reasonably be accepted without proof to the satis- faction of the court. Protection from dis- crimination by written laws. 76. (1) No written law shall contain any discriminatory provision. (2) For the purposes of this section a provision shall be regarded as discriminatory if by or as an inevitable consequence of that provision persons of a particular description by race, tribe, colour or creed are prejudiced- (a) by being subjected to a condition, restriction or dis- ability to which 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 attri- butable to the description by race, tribe, colour or creed of the persons concerned. (3) Subsection (1) of this section shall not apply to any law to the extent that it relates to any of the following matters, that is to say- (a) any matter such as is mentioned in any of paragraphs (a) to (f) of the definition of a Money Bill contained in section 92; (b) adoption, marriage, divorce, burial, devolution of pro- perty on death or other matters of personal law; (c) the application in the case of Africans of a particular race or tribe indigenous to Rhodesia of their customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons; (d) restrictions on entry into or employment in Rhodesia or on the acquisition of, or of interests in or rights over, immovable property in Rhodesia, or on the enjoyment of services provided out of Rhodesian public funds, in the case of persons who are neither citizens of Rhodesia, nor regarded by virtue of a written law as permanently resident in Rhodesia; 48 48