9. Equality and Non-Discrimination
Women demand that:
1. Equality and Non Discrimination
a. The Constitution must provide for equality and non discrimination. All forms of
discrimination against women must be outlawed. S23 of the current Constitution must
be repealed. The Constitution should provide for non discrimination on the basis of
sex, gender, marital status, pregnancy, disability and sexual orientation.
b. Customary law must be made subservient to the Bill of Rights. Only positive cultural
practices that do not conflict with principle of equality must be adopted.
c. Equal opportunities and control of resources for women and men and boys and girls.
d. Affirmative action should be put in place to address past imbalances in relation to
access to opportunities.
2. Women and Family relationships
• Women must have equal rights with men and be regarded as equal partners in all
family relations.
• Public consultation of all laws especially those that affect women.
• The age of consent to marriage must be 18 years
• Monogamy should be the preferred form of marriage .
• Women must have the right to retain their nationality or to acquire the nationality of
their husband when they get married.
• Marriages should be in community of property. Women must have the right to an
equitable share of property at divorce.
• Women must have equal rights with men over their children in relation to
guardianship, custody and access. Women must be joint guardians of their children.
• Women must exercise their right to freely consent to marriage.
• Right to retain her maiden name in marriage.
• Citizenship should be passed through marriage and birth by both parents.
• There must be recognition of customary law marriage unions as well as cohabitation.