Freedom from discrimination

18. Freedom from discrimination (1) Subject to the provisions of subsections (4) and (5) no law shall make any provision that is discriminatory either of itself or in its effect. (2) Subject to the provisions of subsection (6), 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. (3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. (4) Subsection (1) shall not apply to any law to the extent that that law makes provision - (a) with respect to persons who are not citizens of Lesotho; or (b) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description; or (c) for the application of the customary law of Lesotho with respect to any matter in the case of persons who, under that Act law, are subject to that law; or (d) for the appropriation of public revenues or other public funds; or (e) whereby persons of any such description as is mentioned in subsection (3) may be made subject to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society. Nothing in this subsection shall prevent the making of laws in pursuance of the principle of State Policy of promoting a society based on equality and all justice for all the citizens of Lesotho and thereby removing any discriminatory law. (5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards of q alifications (not being standards of q alifications specificall relating to race colo r Page 19 qualifications (not being standards of qualifications specifically relating to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government authority or any office in a body corporate established by law for public purposes. (6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of that law as is referred to in subsection (4) or (5). (7) No person shall be treated in a discriminatory manner in respect of access to shops, hotels, lodging houses, public restaurants, eating houses, beer halls or places of public entertainment or in respect of access to places of public resort maintained wholly or partly out of public un s or dedicated to the use of the general public. (8) The provisions of this section shall be without prejudice to the generality of section 19 of this Constitution.