(2) Women and men have the right to equal treatment, induding the right to equal opportunities in political, economic, cultural and social spheres." 109. Article 56(ii) is significant. The fact that women and men have the right to equal treatment including the right to equal opportunities in political economic cultural and social spheres is key. They are at first instance all equal below the law. 110. Section 56 (3) is key. It makes it clear that no person shall be discriminated on the basis of age and sex. Clearly, Section 22 of the Marriages Act is n1aking discrimination on the basis of both age and sex. Clearly an infraction has occurred and that being the case as submitted above, the duty of the Court is now to consider whether the same is justifiable, necessarily and reasonable in a democratic society. 11 L Further, Section 80 of the Constitution reads as follows:~ "80. Rights of wo1nen (1) Every woman has full and equal dignity of the person with men and this indudes equal opportunities in political, economic and social activities. (2) Women have the same rights as men regarding the custody and guardianship of children, but an Act of Parliament may regulate how those rights are to be exercised. (3) All law, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of the infringement" Page 36 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared byTendai Biti Law