Page:Constitution of Rhodesia, 1965.pdf/52

 (e) qualifications (not being qualifications by way of race, tribe, colour or creed) for service as a public officer or as a member of a disciplined force or for the ser- vice of any public authority or of any body corporate established directly by a law; or to the extent that it makes provision with respect to persons of a particular description relating to a matter in the case of which the Federal Legislature has legislated with respect to persons of other descriptions but not that description. (4) Subsection (1) of this section shall not apply to any law to the extent that it makes provision whereby persons of a particular description are subjected to any condition, restriction or disability or are accorded any privilege or advantage which, having regard to such of the following matters as are relevant to the circumstances of the case, that is to say- (a) the nature of the condition, restriction, disability, privi- lege or advantage, as the case may be; (b) any special circumstances appertaining to persons of that or any other description; (c) the stage of social or economic development for the time being reached by the various descriptions of per- sons affected; and (d) the state for the time being of the economy of Rho- desia; is reasonably justifiable either in the interests of Rhodesia as a whole or in order to secure the protection, in an equitable manner as between the various descriptions of persons affected, of their respective interests: Provided that this subsection shall not apply to the extent that the law in question results in the laws with respect to the matter in question affording greater difference of treatment of different descriptions of persons than immediately before the date of the making of the law in question. (5) No provision which is held by virtue of paragraph (b) or (e) of subsection (2) of section 71, subsection (4) of section 73, subsection (2) of section 74, or subsection (2) of section 75, not to be inconsistent with the said section 71, 73, 74 or 75, as the case may be, shall be held to contravene subsection (1) of this section. 77. (1) No person acting by virtue of any written law in the Protection capacity of a public officer or officer of any public authority shall from dis- criminatory perform any executive or administrative act in such a manner that action. any person of a particular description by race, tribe, colour or creed is prejudiced- 49 49