99. Even if it was true, surely, such a statement must be supported by evidence from an expert. 100. Differences between men and women boys and girls, whilst of course are located on reproductive components but those are not the real differences. The real differences lie from gender issues. 101. By this we refer to social issues and socialisation models that create and justify differences between men and women based on that socialisation. It is that socialisation that explains why some parents would send boy children to school only and not girls. 102. Socialisation predicates that the role of the girl child is to be married and be dumped on some poor child who has paid lobola. 103. This is the very point made by vanous feminist scholars. See for instance Gender, Law and Justice edited by Elsje Bonthuys and Cathrine Albertyn }uta 2007. 104. At page 22 the following is stated: "The need for first generation feminists to distinguish between sex and gender arose from the assumption that women's biological differences from men, and particularly their reproductive processes, rendered them more emotional, less intelligent and less able to take part in 'male' pursuits like education, religious leadership, intellectual and physical labour and politics. 3 Since social differences between people could 3 The South African case of Incorporated Law Society v Wookey 1912 AD 623 held that women could not be admitted as attorneys. Several (male) legal academics expressed the opinion that women's biological functions as mothers would render their participation in the public sphere 'unnatural.' See Kaganas & Murray 1994 Acta Juridica 6 Page 32 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

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