18
In Their Capacity as Human Rights Defenders: Women
Right to property: An application was filed in the High Court in October 2012 by the
chairperson of the Gays and Lesbians of Zimbabwe (GALZ) organisation, Martha Tholanah,
who was seeking the release of property that had been seized by the police during a raid of
the GALZ offices in August 2012 in Harare. The search at the GALZ offices was preceded by
instances of police harassment of members of GALZ while some materials including
computers and fliers were confiscated. Lawyers also argued that the seized property was not
linked to the commission of any crime. The ZRP had opposed the application arguing that it
would not release the property until the completion of their probe and because they wanted
to use the items as exhibits in court. In the case of Gays and Lesbians of Zimbabwe v Minister of
Home Affairs30 the High Court ordered the Commissioner-General of Police and his officers to
return the GALZ property. The judge also declared invalid and set aside the warrant of search
and seizure issued by the police when they raided the GALZ offices.
Part B: Litigators
2.4 The last line of defence
Despite the fact that women lawyers are equal to their male counterparts, the “glass ceiling”
still exists, regardless of the formers’ education and work experience. While women continue
to enter law school, excelling in most cases, the legal profession broadly remains dominated
by men. The judiciary, law firms, and the corporate world are still very much male
dominated.
At the turn of the last century, Leila Robinson, Massachusetts’ first woman lawyer, advised
her colleagues:
“Do not take sex into practice. Don’t be ‘lady lawyers’. Simply be lawyers and recognise no
distinction between yourselves and the other members of the bar.”31
Women human rights lawyers find themselves in a unique position. For them, it is not just about
“not being lady lawyers”, but it is also about being lawyers who are practising perhaps one of the
most sensitive and risky areas of law. While it is generally accepted that women lawyers face
unique challenges on account of their gender, the challenges grow when they are involved in
human rights work as they place themselves in the frontline – and in the spotlight – in direct
conflict with powerful, and at times well resourced, state institutions and actors, and sometimes
with non-‐state actors who work on their own initiative, or at times in unholy alliances with state
actors, to perpetrate human rights violations. Generally, there are fewer practising female
lawyers than male lawyers; even fewer women lawyers are in private practice than those in the
corporate world and other institutions. For those in private practice, a substantial number of
women lawyers usually prefer to deal with civil law cases rather than criminal cases, where a lot
of human rights issues arise.
This following section highlights the challenges faced by women human rights lawyers, the
strategies they have used to counter these challenges, and the opportunities they have found.
30
High Court Harare unreported case 1240/13.
31
Available at http://www.wmdnh.org/Leila%20Robinson.htm [ Last accessed on 25 April 2013].
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