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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