▪
Zimbabwe and Kenya use quotas to ensure that a certain number of government positions are held by women. Botswana and South Africa have no
such quotas.
▪
Zimbabwe’s Constitution encourages the State to have even numbers of
women and men in elective or appointed government bodies. Kenya’s
Constitution directs the State to “take legislative and other measures to
implement the principle that not more than two-thirds of the members of
elective or appointive bodies shall be of the same gender.”
2.1.6 Discrimination:
▪
Zimbabwe, Botswana, Kenya, and South Africa all prohibit unfair discriminatory laws on the basis of sex, albeit in different ways. South Africa’s Constitution also includes a provision to redress past imbalances.
▪
Of all the constitutions, Zimbabwe’s Constitution includes specific provisions that seek to elevate and empower women and to safeguard gender
equality and women’s rights.
2.1.7 Customary or Religious Courts:
▪
The Kenyan Constitution allows its provisions on equality to be “qualified
to the extent strictly necessary for the application of Muslim law” in special
courts that may exert jurisdiction over matters relating to personal status,
marriage, divorce, and inheritance.
3. The 2013 Constitution of Zimbabwe
Zimbabwe adopted a new constitution in 2013. In terms of family law and women’s
rights, the 2013 Constitution has much to recommend it—the new Constitution provides women
more rights, guarantees, and protections than ever before. It not only includes strong provisions
on women’s rights and gender equality and equity, the Constitution contains a bill of rights that
attempts to address existing harmful cultural and discriminatory practices. The Constitution also
establishes a Gender Commission to expedite the implementation of constitutional provisions
related to women. The commission is tasked with investigating violations of women’s rights,
recommending actions to address gender discrimination, conducting research, advising on gender
equality, and recommending affirmative actions to promote gender equality.
Zimbabwe’s Constitution contains provisions wholly dedicated to the rights of women
and to gender equity.2 For example,
▪
2
Chapter 2 identifies national objectives for women’s rights in the areas of
development, empowerment and employment creation, work and labour
Zimbabwe Constitution, Ch. 2, § 17, Ch. 4, § 80.
3