9. Chapter 8: The Judiciary and Courts 9.1 As the branch of government responsible for interpretation of the constitution and legislation, it is important that the judiciary approach its duties in a gender sensitive manner. The presence of women judges is an important way to promote gender sensitivity in judicial decisions. Unfortunately, the COPAC Draft does not contain any considerations of gender in the judicial appointments process. It is submitted that, as with the appointments of ministers and members of independent commissions (discussed below), that a consideration of the gender composition of the various courts would be appropriate and beneficial to a proper interpretation of constitutional obligations and standards. 10.Chapter 9 to Chapter 11: Public Administration, Civil Service, and Security Services 10.1 In Clause 9.1, the COPAC Draft states that one of the principles of public administration is equality of men and women. However, apart from this general provision, these chapters, which set out the duties and functions of public adminstration, civil and security services do not set basic standards for the presence of women in these sectors. The COPAC Draft would be much improved with the addition of language indicating that efforts should be made to ensure women are sufficiently represented at all levels in these sectors. 10.2 Though, as noted previously, Clause 2.7, requires the State to take reasonable measures to ensure both genders are equally represented in all institutions and agencies of the State and government, this provision is not justiciable and its enforcement is purely dependant on political will. 10.3 Women’s presence in the security sector is worth noting as particularly important to achieving true women’s equality in decision making matters. Moreoever, as reflected in the SADC Protocol Article 28, it is imperative that women actively participate in security related matters such as peace-building and conflict resolution processes. 11.Chapter 12: Independent Commissions Supporting Democracy 11.1 15 | P a g e Chapter 12 of the COPAC Draft provides for the creation of five Commissions: the Zimbabwe Electoral Commission, the Zimbabwe Human Rights Commission, the Zimbabwe Gender Commission, the Zimbabwe Media Commission and the National Peace and Reconciliation Commission. Of particular interest is the Gender Commission whose establishment and functions are provided for under Part 4 of Chapter 12. This is a

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