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PREVENTION OF DISCRIMINATION ACT

Acts 19/1998, 22/2001, 14/2002.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
PREVENTION OF DISCRIMINATION
3. Prevention of discrimination in regard to public premises, commodities,
services and facilities.
4. Prevention of discrimination in rega rd to disposal of immovable property.
5. Prevention of discrimination in regard to granting of finance.
6. Making or communication of racial statements.
7. Right of aggrieved person to damages.
PART III
GENERAL
8. Further grounds for cancellation of licences.
9. Court to forward record of certain proceedings to disciplinary authority.
10. Defences.
11. Amendment of section 3 of Cap. 11:13.
12. Amendment of section 7 of Cap. 24:01.
13. Amendment of section 14 of Cap. 24:02.
14. Amendment of section 22 of Cap. 24:07.
15. Amendment of section 4 of Cap. 25:04.
16. Amendment of Cap. 27:05.
17. Repeals.
ACT
To prohibit discrimination on the ground of race, tribe, place of origin, national or ethnic
origin, political opinions, colour, creed or gender and to provide a remedy for persons
injured by such discrimination; to prohibit the promotion of such discrimination; to
amend section 3 of the Unlawful Organizatio ns Act [Chapter 11:13], section 7 of the
Banking Act [Chapter 24:01], section 14 of th e Building Societies Act [Chapter 24:02],
section 22 of the Insurance Act [Chapter 24:07] , section 4 of the Education Act [Chapter
25:04] and the Estate Agents Act [Chapter 27:05]; to repeal the Public Premises
(Prevention of Racial Discrimination) Act [Chapter 8:12] and the Immovable Property
(Prevention of Discrimination) Act [Chapter 10:12]; and to provide for matters connected
with or incidental to the foregoing.
[Date of commencement: 29 January, 1999] ENACTED by the President and Parliament of Zimbabwe.
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Preventi on of Discrimination Act [Chapter 8:16].

2 Interpretation
(1) In this Act —
“financial organization” means any person registered in terms of the Banking Act
[Chapter 24:01], the Building Societies Ac t [Chapter 24:02] or the Insurance Act
[Chapter 24:07];
“commodity” means any movable property, whethe r corporeal or incorporeal, of any kind
whatsoever;
“immovable property” includes public premises;
“issue”, in relation to a licence, includes to grant the licence;
“licence” means any licence, permit or certifica te issued in terms of any enactment and
entitling the holder to use or occupy any public premises, to carry on any business or
activity, or to sell, supply or provide any commodity, service or facility whatsoever;
“licensing authority” means the authority empowered in terms of the enactment
concerned to issue a licence;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other
Minister to whom the President may, from time to time, assign the administration of this
Act;
[inserted by the General Laws Amendm ent (No.2) Act 2002 promulgated on the 24th
January, 2003 – with retrospectiv e effect, in terms of clause 47 – from the 4th February,
2002 – Editor.] “proprietor”, in relation to immovable property, includes —
(a) a manager or any other person responsible for the management of the
property; and
(b) a lessee or sub-lessee who occupies the property;
“public premises” means—
(a) any hotel, motel or similar premises where accommodation is provided for
members of the public for payment; or
(b) any restaurant, bar, beerhall, café or other premises where food and
additionally, or alternativ ely, drink are served to members of the public for
payment; or
(c) any other person who occupies or controls the property;
(d) any cinema, theatre, sports ground or ot her premises where any exhibition,
performance, amusement, entertainment, contest, game or sport is held to
which members of the public are admitted for payment; or
(e) any premises licensed in terms of th e Shop Licences Act [Chapter 14:17];
or
(a) ( f ) any premises owned or leased by the State for the purpose of
discharging functions of the State; or
(f) any other premises whatsoever at which any commodity is supplied or any
services or facilities whatsoever ar e provided to members of the public for
payment.
(2) A person shall be deemed for the purposes of this Act to discriminate against another
person or class of persons if —
(a) he refuses to admit that other person or class of persons to any premises or
place; or

(b) he refuses to supply or provide that other person or class of persons with
any commodity, service or facility; or
(c) he imposes restrictions or onerous terms or conditions in regard to —
(i) the admission of that other person or class of persons to any premises or
place; or
(ii) the supply or provision of any commod ity, service or facility to that other
person or class of persons;
on the grounds of the race, tribe, place of origin, national or ethnic origin, political
opinions, colour, creed or gender of that other person or class of persons.
(3) For the purposes of paragraph (c) of s ubsection (2), a term or condition shall be
deemed to be onerous if it require s a person upon whom it is imposed —
(a) to do anything; or
(b) to possess some quality, attribute, asset or property;
which is not required to be done or posse ssed, as the case may be, by persons of a
different race, tribe, place of origin, national or ethnic orig in, political opinions, colour,
creed or gender.
PART II
PREVENTION OF DISCRIMINATION
3 Prevention of discrimination in regard to public premises, commodities, services
and facilities
(1) Subject to section ten, no person shall, on the grounds of race, tribe, place of origin,
national or ethnic origin, political opinions, co lour, creed or gender of any person or class
of persons—
(a) refuse to admit that person or class of persons to any public premises or
any part thereof; or
(b) refuse to supply or provide any comm odity, service or facility to that
person or class of persons; or
(c) discriminate against that person or class of persons in regard to —
(i) the admission of that person or class of persons to any public
premises or part thereof; or
(ii) the supply or provision of any co mmodity, service or facility to
that person or class of persons.
(2) Any person who contravenes subsection (1) sh all be guilty of an offence and liable to
a fine not exceeding level seven or to impr isonment for a period not exceeding one year
or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.] 4 Prevention of discrimination in regard to disposal of immovable property
(1) Subject to section ten, no person shall, on the grounds of the race, tribe, place of
origin, national or ethnic orig in, political opinions, colour, creed or gender of any person
or class of persons —
(a) refuse to sell, let or otherwise dispose of or to negotiate the sale, lease or
other disposal of any immovable prope rty to that person or class of
persons; or
(b) discriminate against that person or class of persons in respect of the sale,
lease or other disposal of any immovable property; or

(c) publish or cause to be published any notice, advertisement or statement in
connection with the sale, lease or other disposal of any immovable
property, which indicates, expressl y or impliedly, a refusal or an
unwillingness to sell, let or otherwise dispose of that property to that
person or class of persons; or
(d) induce anyone not to se ll, let or otherwise dispose of any immovable
property to that person or class of persons.
(2) No person shall, in order to avoid sel ling, letting or otherwise disposing of any
immovable property to another person on the grounds of th at other person’s race, tribe,
place of origin, national or ethnic origin, pol itical opinions, colour, creed or gender,
falsely represent to any other person that the immovable property has been sold, let or
otherwise disposed of.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and
liable to a fine not exceeding level nine or to imprisonment for a period not exceeding
one year or to both such fi ne and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.] (4) If it is shown, in any criminal proceed ings in respect of an offence under subsection
(3) or in any proceedings in respect of an injuria referred to in section seven, that¾
(a) the accused person, defendant or respondent, as the case may be,
represented to another person that a ny immovable property had been sold,
let or otherwise disposed of, when in fact such immovable property had
not been so sold, let or otherwise disposed of, as the case may be; and
(b) when the accused person, defendant or respondent, as the case may be,
made the representation referred to in paragraph (a), he know or ought to
have known that it was incorrect;
the accused person, defendant or respondent, as the case may be, shall be presumed,
unless he shows the contrary, to have made the representation falsely in order to avoid
selling, letting or otherwise disposing of the immovable property concerned to another
person on the grounds of that other person’s race, tribe, place of origin, national or ethnic
origin, political opinions, colour, creed or gender.
5 Prevention of discrimination in regard to granting of finance
(1) Without derogation from section thre e but subject to section ten, no financial
organization and no employee or agent of a financial organization shall, on the grounds
of the race, tribe, place of origin, nationa l or ethnic origin, political opinions, colour,
creed or gender of any person —
(a) refuse to grant to such person a loan or other financial assistance; or
(b) discriminate against that person in re spect of a loan or other financial
assistance granted or offered to such person.
(2) Any person who contravenes subsection (1) sh all be guilty of an offence and liable to
a fine not exceeding level nine or to imprisonment for a period not exceeding one year or
to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.] 6 Making or communication of racial statements
(1) No person shall make or knowingly communicate a statement based on racial
superiority or hatred if there is a substantial risk that the statement may adversely affect
the reputations, rights and freedom s of other persons in Zimbabwe.

(2) No person shall make any statement or do any thing which is reasonably likely to
incite or encourage discrimination, in contrave ntion of this Act, against any other person
or class of persons on the ground of race, tr ibe, nationality, place of origin, national or
ethnic origin, colour, creed or gender.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and
liable to a fine not exceeding level seven or to imprisonment for period not exceeding six
months or to both such fi ne and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.] 7 Right of aggrieved person to damages
(1) Subject to section ten, any person who, on the grounds of ra ce, tribe, place of origin,
national or ethnic origin, political opi nions, colour, creed or gender, is —
(a) refused admission to any public prem ises or any part thereof; or
(b) refused the supply or provision of an y commodity, service or facility; or
(c) denied a right to purchase, hire or otherwise acquire any immovable
property; or
(d) refused a loan or other financial assistance; or
(e) discriminated against in regard to —
(i) his admission to any public premises or part thereof; or
(ii) the supply or provision of a ny commodity, service or facility to
him; or
(iii) the sale, lease or other dispos al of any immovable property to him;
or
(iv) the granting of a loan or ot her financial assistance to him;
shall be deemed to have suffered an injuria and shall have the right to recover damages
therefor in any court of competent jurisdiction.
(2) Subject to section ten, any member of a class of persons in respect of whom a
statement referred to in section six is made or communicated w ith the intent or realization
referred to in that section shall be deemed to have suffered an injuria.
(3) This section shall not be construed as limiting any person’s right under any other law
to damages or any other legal remedy aris ing out of any conduct referred to in this
section.
PART III
GENERAL
8 Further grounds for cancellation of licences
(1) Notwithstanding any other enactment but subject to this section, if a licensing
authority is satisfied that —
(a) the proprietor of any public premises in respect of which a licence has
been issued; or
(b) a person to whom a licence has been i ssued for the supply or provision of
any commodity, service or facility or the carrying on of any activity;
has acted unlawfully in contravention of section three, four or five, the licensing authority
may, subject to this section, by no tice in writing to the licensee —
(a) cancel the licence; or
(b) suspend the licence for such period as the licensing authority may specify.
(2) Before cancelling or suspending a licence in terms of subsection (1), the licensing
authority shall inform the licensee, in wr iting, of the grounds upon which it is proposed to

do so and shall give the licensee a reasonable opportunity, being not less than thirty days,
to make representations in person or in writ ing in relation to the proposed cancellation or
suspension.
(3) Where the licensee elects to make repr esentations referred to in subsection (2) in
person, the licensing authority may appoint a person to hold an inquiry and such person,
after hearing the licensee’s representations and su ch other representations as he thinks fit,
shall report to the licensing authority on the question of whether the licence should be
cancelled or suspended.
(4) A licensing authority may appoint a magist rate nominated by the Chief Magistrate to
hold an inquiry in term s of subsection (3).
(5) Any person who is aggrieved by a decisi on in terms of subsection (1) to cancel or
suspend a licence may, within thirty days af ter being notified of the decision, appeal
against it to the High Court, which may confir m the decision or give such other decision
as it thinks fit.
(6) A decision in terms of subsection (1) to cancel or suspend a licence shall not have
any effect —
(a) until the expiry of the period referred to in subsection (5); or
(b) where an appeal is noted in terms of subsection (5), until the appeal lapses
or is withdrawn or abandoned or the decision is confirmed;
whichever is the later.
(7) Where in terms of this section—
(a) a licence referred to in subsection (1) of section 102 of the Liquor Act
[Chapter 14:12] has been cancelled, that section shall apply, mutatis
mutandis, in respect of the cancellation;
(b) a licence in terms of the Casino Act [Chapter 10:03] has been cancelled,
the Minister referred to in subsection (1) of section 13 of that Act shall
publish notice of the cancellation in the Gazette.
9 Court to forward record of certain proceedings to disciplinary authority
(1) In this section—
“disciplinary authority”, in relation to —
(a) a professional person, means the counc il, tribunal or other body which has
power under any enactment to regulat e the conduct of the professional
person in regard to hi s profession or calling;
(b) a financial organization, means the pe rson who, in terms of the Banking
Act [Chapter 24:01], the Building Soci eties Act [Chapter 24:02] or the
Insurance Act [Chapter 24:07], as th e case may be, is responsible for
registering or licensing th e financial organization;
“professional person” means a person who enga ges in any profession or calling for which
he is required to be regi stered under any enactment.
(2) Where a court —
(a) convicts a professional person of an offence in terms of section three, four
or six; or
(b) awards damages against a professiona l person in any proceedings brought
against him in terms of section seven;

the court shall cause a copy of the record of the proceedings, or a copy of such portion of
the record as the court considers to be material, to be forwarded to the professional
person’s disciplinary authority.
(3) Where a court —
(a) convicts a financial organization or an employee of a financial
organization of an offence in terms of section three or five; or
(b) awards damages against a financial organization or an employee of a
financial organization in any proceed ings brought against the organization
or employee in terms of section seven;
the court shall cause a copy of the record of the proceedings, or a copy of such portion of
the record as the court considers to be material, to be forwarded to the financial
organization’s disciplinary authority.
10 Defences
(1) It shall be a defence, in any criminal proceedings for an offence under section three,
four, five or six and in any civil proceedings under section seven, for the accused person,
defendant or respondent, as the case may be , to show that though he committed the act
alleged against him—
(a) the act was justified in order to secure compliance with any law; or
(b) he committed the act on the grounds of the political opinions of the person
or class of persons against whom the act was committed, but he did so because—
(i) where the act was committed in relation to immovable property,
the proprietor of the immovable property was a bona fide political
organization and the immovable pr operty was reserved for the
exclusive use of members of supporters of that political
organization or persons of a particular persuasion; or
(ii) where the act was committed in rela tion to the supply or provision
of a commodity, the commodity c oncerned was an emblem, token
or other article intended to identify the supporters of a particular
political organization or persons of a particular persuasion; or
(iii) where the act was committed in relation to the provision of a
service or facility, the service or facility was provided exclusively
to members of a bona fide political organization to enable them to
further the legitimate objects of that organization; or
(c) he committed the act on the grounds of the creed of the person or class of
persons against whom the act was committed, but—
(i) where the act was committed in re lation to immovable property, he
committed the act because the proprietor of the immovable
property was a bona fide religious organization and the immovable
property was reserved for the exclusive use of members or
supporters of that religious organization or adherents of a
particular religious belief; or
(ii) where the act was committed in rela tion to the supply or provision
of a commodity, he committed the act because the commodity
concerned was an emblem, token or other article intended to
identify the members of a partic ular religious organization or
adherents of a particular religious belief; or

(iii) where the act was committed in relation to the provision of a
service or facility, he committed the act because the service or
facility was provided exclusivel y to members of a bona fide
religious organization or to adhe rents of a particular religious
belief, to enable them to further the legitimate objects of that
organization or to practise or propagate their belief; or
(iv) in the case of an offence under section six, he made or
communicated the statement concerned in good faith and with the
intention of fairly and temperately criticising any tenet of that
creed;
or
(d) he committed the act on the grounds of the gender of the person or class of
persons against whom the act was committed, but —
(i) the act was reasonably justifie d in view of physiological
differences between persons of different gender; or
(ii) the act was reasonably necessary in the interests of public morality;
or
(iii) where the act was committed in relation to immovable property,
the immovable property concerned was reserved for the use of
persons of the other gender.
(2) Subsection (1) shall not be construe d as rendering lawful any conduct that is
unlawful under any other law, nor as denyi ng any person affected by such conduct any
remedy he may have under any other law.
11 Amendment of section 3 of Cap. 11:13
Section 3 of the Unlawful Organizati ons Act [Chapter 11:13] is amended¾
(a) by the insertion of the following subsection—
“(1a) The President may, by proclamation, d eclare any organization to be an unlawful
organization if the President is satisfied on reasonable grounds that the activities of the
organization are aimed at promoting, inciting or propagating discrimination against any
person or class of persons on the grounds of race, place of origin, nati
onal or ethnic
origin, colour, creed or gender of any person or class of persons.”
(b) in subsection (4) by the deletion of “subsection (1) or (2)”
and the
substitution of “subsection (1), (1a) or (2)”.
12 Amendment of section 7 of Cap. 24:01
Section 7 of the Banking Act [Chapter 24:01] is amended in subsection (1) by the
deletion from paragraph (d) of “section 4 of the Immovable Property (Prevention of
Discrimination) Act [Chapter 10:12]” and the substitution of “section 5 of the Prevention
of Discrimination Act [Chapter 8:16],”.
13 Amendment of section 14 of Cap. 24:02
Section 14 of the Building Societies Act [Chapter 24:02] is amended in subsection (1) by
the deletion from paragraph (e) of “section 4 of the Immovable Property (Prevention of
Discrimination) Act [Chapter 10:12]” and the substitution of “section 5 of the Prevention
of Discrimination Act [Chapter 8:16],”.
14 Amendment of section 22 of Cap. 24:07
Section 22 of the Insurance Act [Chapter 24:07] is amended in subsection (1) by the
deletion from paragraph (c) of “section 4 of the Immovable Property (Prevention of

Discrimination) Act [Chapter 10:12]” and the substitution of “section 5 of the Prevention
of Discrimination Act [Chapter 8:16],”.
15 Amendment of section 4 of Cap. 25:04
Section 4 of the Education Act [Chapter 25:04] is amended by the repeal of subsection
(2) and the substitution of —
“(2) Subject to subsection (5), no child in Zimbabwe shall—
(a) be refused admi ssion to any school; or
(b) be discriminated against by the imposition of onerous terms and
conditions in regard to his admission to any school;
on the grounds of his race, tr ibe, place of origin, national or ethnic origin, political
opinions, colour, creed or gender.
(3) For the purposes of subsect ion (2), a term or condition shall be deemed to be onerous
if it requires the child upon whom it is imposed or the child’s parent—
(a) to do anything; or
(b) to possess some quality, attribute, asset or property;
which is not required to be done or possessed by children or parents, as the case may be,
of a different race, tribe, place of origi n, national or ethnic origin, political opinion,
colour, creed or gender.
(4) Any person who contravenes subsection (2) sh all be guilty of an offence and liable to
a fine not exceeding twenty thousand dolla rs or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
(5) It shall be a defence in any criminal proceedings for an offence under subsection (2)
for the accused person to show that, though he committed the act alleged against him —
(a) he committed the act on the grounds of the creed of the child against
whom the act was committed, but he did so because the school concerned is controlled by
a bona fide religious organization and members of that religious organization or
adherents of a particular religious belief are accorded preference in admission to that
school; or
(b) he committed the act on the grounds of the gender of the child against
whom the act was committed, but —
(i) the act was reasonably justified in view of physiological differences
between children of different gender; or
(ii) the act was reasonably necessary in the interests of defence, public safety
or public morality; or
(iii) the act was reasonably justified because the school concerned was
reserved for the admission of children of one gender and the child against
whom the act was committed is of the other gender.”.
16 Amendment of Cap. 27:05
The Estate Agents Act [Chapter 27:05] is amended—
(a) in section 28 by the deletion from paragraph (c) of subsection (1) o
f
“section 3 of the Immovable Property (Prevention of Discrimination) Act
[Chapter 10:12]” and the substitution of “section 4 of the Prevention of
Discrimination Act [Chapter 8:16]”;
(b) in section 29 by the deletion from paragraph (c) of subsection (1) o
f
“section 3 of the Immovable Property (Prevention of Discrimination) Act