Section 17, REPEALED THE CONSTITUTION OF SIERRA LEONE 1978-12

discrimination. (1) Subject to the provisions of subsections (4), (5) and (7) of this Section, no law shall make any provisionwhich is discriminatory either of itself or in its effect. (2) Subject to the provisions of subsections (6), (7) and (8) no person shall be treated in a discriminatory manner by any person acting by virtue of any 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, tribe, place of origin, 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. c) (4) Subsection (1) of this Section shall not apply to any law so far as that law makes provision: — a) for the appropriation of revenues or other funds of Sierra Leone or for the imposition of taxation (including the levying of fees for the grant of licenses); or b) with respect to persons who are not citizens of Sierra Leone; or c) with respect to persons who acquire citizenship of Sierra Leone by registration or by naturalization, or by resolution of Parliament; or d) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or e) for the application in the case of members of a particular race or tribe or 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 f) for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or g) whereby persons of any such description as mentioned in subsection (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 justifiable in a democratic society; or h) for the limitation of citizenship or relating to National Registration or to the collection of demographic statistics. (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 qualifications for service as a public officer or as a member of a defence force or for the service of a local government authority or a body corporate established directly by any law or of Membership of Parliament. (6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) . (7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction of the rights and. freedoms guaranteed by Sections 8, 12, 14, 15 and 16 being such a restriction as is authorised by subsection (3) of Section 8, subsection (2) of Section 12, subsection (5) of Section 14, subsection (2) of section 15 or subsection (2) of Section 16 as the case may be. (8) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person under or by this constitution or any other law shall not be enquired into by any Court on the grounds that it contravenes the provision of subsection (2) of this Section.