112. In Section 80(iii), the Constitution m.akes it clear that all laws, customs, traditions and cultural practices that infringe the rights of women conferred by this Constitution are void to the extent of this infringement. 113. What is an issue in casu is the concept of equality between women and men. 114. Equality is an important jurisprudential concept and issue. Equality it is submitted is at the epicentre of any democratic society. Whilst liberty, is considered a more critical value it is submitted that there cannot be liberty without equality. Justice Dennis Davies writes as follows on equality and equal protection:~ "A society committed to equality attempts to makes the lives of aU its citizens better by insisting that each person must be shown equal concern and respect. Without such an enterprise members of society who have a compelling interest in developing and exploiting their own capacity for autonomy, in promoting their own conceptions of the good life, and analysing and criticising other conceptions will find their ability dependent upon an initial arbitrary distribution of resources. Equality thus is inextricably linked to the conception of liberty if society is to allow the promotion of . . competmg mterests. »10 115. Perhaps it is Aristotle's view which is more criticaL "Equality in morals means this: those things that are alike should be treated alike, while things that are unalike should be treated unalike in proportion to their unlikeness. Equality and justice are 10 See Dennis Davies "Equality and Equal Protection" in the Rights and Constitutionalism in the New South African Legal Order by Van \Vyk, Dugard, De Villiers and Davies published by }uta & Company 1994 Page 196. Page 37 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared byTendai Biti Law