should be discouraged 6 • For example, women who have in accordance with stereotypes of good mothers and wives will be rewarded by the legal system, by obtaining custody of children and protection of their financial interests. However, women who refiect stereotypes of bad wives and mothers are punished and their treatment serves as a warning of the dangers of non-compliance for other women 7• Closely associated with the use of gender stereotypes is the tssue of essentialism, which is premised on the idea that there are certain essential features which are generally and universally shared by all women 8• These features are regarded as 'natural' while, in fact, they are socially produced and refiect specific value systems and choices 9• 106. In short there are no differences between men and women which would justify the discrimination in our law. F. DISCRIMINATION AND GENDER EQUALITY 107. The New Zimbabwean Constitution has created, a conscious and serious jurisprudence pertaining to gender equality and women's rights. In Article 17 of the same states as follows:~ "17. Gender balance (l)The State must promote full gender balance m Zimbabwean society, and in particular- See par 2.2.2 for a discussion of the biological origins of sex and gender. O'Sullivan 1994 Acta Juridica 188-191; Bonthuys 'Familiar Discourses of Parenthood' 1999 THRHR 547 549-550. 8 Southwell 'The Case of the Invisible Woman: Essentialism, lntersectionality and Marginalisation in Feminist Discourse' 1994 CILSA 357. 9 Minow Justice Engendered in Smith (ed) Feminist Jurisprudence 217 227; O'Sullivan 1994 Acta Juridica 187; Pieterse 2001 SA Public Law 94. 6 7 Page 34 of 46 Applicant's Heads of Argument in the matter between: Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared byTendai Biti Law