Women now sit in traditional courts

Ivan Zhakata and
Mutsawashe Mashandure

Traditional courts have been commended for making progress by appointing female chiefs and female headmen, as well as female court assessors.

This comes as the participation of women in decision-making at all levels is a long-standing commitment for the Government of Zimbabwe.

Speaking at the gender inclusive traditional courts conference in Harare yesterday, Minister of Women Affairs, Community, Small and Medium Enterprises Development Monica Mutsvangwa said the Constitution outlaws all the negative cultural practices that were inconsistent with the realisation of women’s rights.

The conference, which was attended by traditional chiefs from across the country, ran under the theme: “Enhancing justice outcomes for women in traditional courts of Zimbabwe”.

“I would also want to acknowledge the progress made in the traditional court system in appointing female chiefs and female headmen as well as female court assessors,” she said.

“Let me also applaud the National Chiefs Council for electing one of the female chiefs to be a member of the council. This is a progressive development in ensuring that our courts are gender-sensitive and gender inclusive.

“It is an indication that we are moving in the right direction in terms of promoting gender equality and women empowerment. Indeed, the composition of our traditional court system must reflect the diversity of society with  diverse needs and are impacted differently by any situation.”

Minister Mutsvangwa said issues of gender inequality and gender discrimination were more prominent at the community level owing to the patriarchal social and cultural norms.

She said they manifest in the form of gender-based violence, child marriages, limited access to resources particularly land, exclusion of women in community leadership, decision-making and inheritance squabbles, among many other issues.

“The role of traditional courts in addressing those systematic gender issues cannot be overemphasized,” Minister Mutsvangwa said.

“Traditional courts preside over all these issues as the first port of call ensuring that there is peace and harmony in communities.

“They, therefore, need to preside over the issues with gender-sensitive lenses, particularly for the benefit of women who often face barriers to access to justice because of transport costs, technological barriers, and costs related to access to justice.

“This aligns with the long-standing tradition and values of the Zimbabwean culture, Unhu-Ubuntu which places respect for both men and women at the centre of everything that we do as well as the national development mantra ‘leaving no one and no place behind’. We, therefore, need to do more to ensure the substantive participation of women within the traditional court system.”

President of the Chiefs’ Council, Chief Mtshane Khumalo, said they had seen it fit to include women in the traditional court system so that there could be gender balance.

“With the advent of the new 2013 constitution, the provision to equip women on an equal basis with men includes cultural forces, so that forces the traditional leaders to invite them to other forums where they are not involved, for instance, gender inclusion and traditional courts, whereby they are included as officers in our courts, which starts from the headman’s level to the chief’s level with the assessors in the chief’s courts,” he said.

“But in some cases, some of those are chiefs and presiding officers there, and sometimes they assist the chief. They are also included in the development in rural areas, in particular, where they have been elected to represent women in every ward so that the issues of women are addressed at each level.”

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