Similarly, Zimbabwe devotes a number of gender equity provisions in Chapters 2 and 4 addressing national development, work and labour relations, protection of the family, marriage, education, prevention of domestic violence, death penalty, equality and nondiscrimination, labour rights, maternity leave, and health care, including reproductive services.49 South Africa does not address gender equity in its comparable provisions. Moreover, the Constitution of Zimbabwe includes provisions wholly dedicated to the rights of women and to gender balance, 50 which have no analogue in South Africa’s Constitution. Both Zimbabwe and South Africa explicitly provide for reproductive rights and bodily and psychological integrity,51 but only South Africa provides an unqualified right. Zimbabwe provides a qualified right, subject to other provisions in the Constitution, including a provision calling on the state to protect the lives of the unborn. Unlike Zimbabwe, South Africa does not appear to have comparable provisions that protect the lives of unborn children,52 or prohibit same sex marriage.53 6.3 Government Representation South Africa’s Constitution expressly recognizes that its government representatives include women by using both pronouns and including provisions such as “the National Assembly must elect a woman or a man from among its members to be the President.”54 But unlike Zimbabwe, South Africa does not use quotas on female members of the National Assembly or other government bodies.55 Neither does it have comparable election rules like Zimbabwe’s in which female and male candidates need to be listed alternately on election lists.56 Similar to Zimbabwe’s provision that the judiciary must reflect society, South Africa’s Constitution requires that the judiciary “reflect broadly the racial and gender composition of South Africa.”57 Similarly, racial and gender composition needs to be reflected in the appointment of members to the South Africa Electoral Commission.58On its face, South Africa’s Commission for Gender Equality has the power (presumably by national legislation) to monitor, investigate, research, educate, lobby, advise, and report on issues concerning gender equality and other powers prescribed by national legislation.59 This goes beyond the functions of Zimbabwe’s Gender Commission.60 But South Africa does not require that its members be chosen for their 49 Zimbabwe Constitution, Ch. 2, §§ 13(3), 24(2)(d), 25(a), 26, 27(a), 27(b); Ch. 4, §§ 48(2)(d), 56(2), 65(6), 65(7), 76(1). 50 Id, Ch. 2, § 17; Ch. 4, § 80. 51 Compare Zimbabwe Constitution, Ch. 4, § 52(b) with South Africa Constitution, Ch. 2, §§ 12(2)(a)-(b). 52 Zimbabwe Constitution, Ch. 4, § 48(3). 53 Id., Ch. 4, § 78(3). 54 South Africa Constitution, Ch.5, § 86(1). 55 Zimbabwe Constitution, Ch. 6, § 124. 56 Id., Ch. 6, § 120. 57 Compare Zimbabwe Constitution, Ch. 8, § 184 with South Africa Constitution, Ch. 8, § 174(1). 58 South Africa Constitution, Ch. 9, § 193. 59 Id., Ch. 9, § 181(1)(d). 60 See Zimbabwe Constitution, Ch. 12, § 246. 10

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