Mercedes Sayagues
The Supreme Court of Zimbabwe has lashed back at women’s groups critical of a recent ruling that used customary law to deny a woman the right to inherit.
In May, activists protested that the ruling undermined women’s rights in Zimbabwe and narrowed the interpretation of the Legal Age Majority Act of 1982, which declared both males and females majors at 18.
A barrage of negative press reports, complaints and queries followed. Stung by local and international criticism, the Supreme Court angrily replied last week that it stands by its judgment and threatened the protesters with legal action for contempt of court.
“To conclude from this [ruling] that the court is unprogressive, ignorant of the people’s needs, not people-oriented, ignorant of the realities, and adjudicating in a vacuum is gratuitously insulting,”said its statement, signed by acting assistant registrar P Nyeperayi.
“No action will be taken on this occasion, but a formal warning must be issued that registered legal practitioners especially, but others as well, who indulge in gratuitous and unfounded insults [of] the judiciary and in public demonstrations, will be dealt with under the laws of contempt of court.”
Nyeperayi said the chair of each group that signed the protest would be responsible for its statement.
Groups considering a response include the Zimbabwe Women’s Lawyers Association, Women in Law in Southern Africa, Women and Law and Development in Southern Africa, Women’s Action Group, Zimbabwe’s Women’s Resource Centre, the Musasa Project and the Young Women’s Christian Association. “The patriarchal arrogance of these men is outrageous,” says gender activist Dr Pat McFadden. “They must find it very dangerous to let women become persons with equal rights.”
Zimbabwe is revising its Constitution. Unless the new one has a strong equality clause, customary law will keep sneaking in.
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