89. The rights contained in the Covenant accrue to every person in Zambia as declared and recognized in Article 11 of the Constitution. 90. Further, Article 23(1) prohibits the enactment of a law that makes any provision that is discriminatory either of itself or in its effect. Article 23 (2) prohibits any person acting by virtue of any written law or in performance of the functions of any public office or authority, from treating any person in a discriminatory manner. 91. Article 23 (3) of the Constitution defines the term “discriminatory” as meaning: “………. affording different treatment to different persons attributable, wholly or mainly to their respective description by race, tribe, sex, place of origin, marital status, political opinions, colour or creed, 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”. 92. Article 23 (4) provides instances under which Article 23 (1) shall not apply. It states “Clause (1) shall not apply to any law so far as that law makes provision (a) (b) (c) (d) (e) 93. for the appropriation of the general revenues of the Republic; with respect to persons who are not citizens of Zambia; with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; for the application in the case of members of a particular race or tribe, of 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; or whereby persons of any such description as is mentioned in clause (3) may be subjected 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 justified in a democratic society.” According to Article 23 (5) of the Constitution no law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is 54