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Evaluation of the Southern and Eastern Africa Regional Centre for ...

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any elective body, whe<strong>the</strong>r - Parliament, various commissions, Supreme court, etc.,can be <strong>of</strong> <strong>the</strong> same gender. The implications are that women should be at least onethird,whereas currently only 10 per cent, i.e. 22 out <strong>of</strong> 224 seats in Parliament, <strong>for</strong>example, are women. The Federation <strong>of</strong> Women Lawyers (FIDA, involvinggraduates), has held a number <strong>of</strong> activities, including a court case, whose verdict isbeing awaited. FIDA also held a one day workshop to sensitise all political parties togender legislative <strong>and</strong> policy framework. <strong>Centre</strong> graduates, such as Ruth Aura <strong>and</strong>o<strong>the</strong>rs, have been integral to <strong>the</strong> process.Case Two: Legal actionAno<strong>the</strong>r area <strong>of</strong> impact concerns <strong>the</strong> deliberations involved in court judgements, <strong>and</strong>legal assistance in Zimbabwe. Again, analysing responses from <strong>the</strong> survey <strong>and</strong>interviews makes apparent what was identified earlier as <strong>the</strong> ‘gaps’ in current legalpractice, <strong>and</strong> <strong>the</strong> need <strong>for</strong> a ‘gender lens’. An experienced labour court judge sharedsome insights into <strong>the</strong> impact <strong>of</strong> <strong>the</strong> course in her work (see box below). When oneconsiders that <strong>the</strong> judge makes up to 20 judgements on average by <strong>the</strong> month’s ends–albeit on a diverse range <strong>of</strong> issues not always gender related- <strong>the</strong> impact is apparent<strong>for</strong> gender sensitive deliberations.‘The impact <strong>of</strong> <strong>the</strong> course has been massive. I can now [she was a judge be<strong>for</strong>e <strong>and</strong> after <strong>the</strong>Master’s] link my work to <strong>the</strong> course <strong>and</strong> come up with a proper judgement in which a womanspeaks up. It helps to underst<strong>and</strong> <strong>the</strong> background <strong>and</strong> context <strong>of</strong> clients. A legal mind would notnormally see <strong>the</strong> link between <strong>the</strong> <strong>of</strong>fence <strong>and</strong> <strong>the</strong> complaint. My observation is that <strong>the</strong> hierarchyare all men. One case involved a women who was a security guard. There was a work policy thatwoman do not do night shifts. But she was told to do so <strong>and</strong> she said that due to advances <strong>of</strong> aman, which she refused, she was charged with misconduct. But I saw that <strong>the</strong>re were shadows[over this appearance <strong>of</strong> misconduct] <strong>of</strong> sexual harassment.’Mrs. Betty Chidziva (Labour Court Judge).A <strong>for</strong>mer magistrate who had many years’ experience <strong>and</strong> had since become a DPhilstudent following her Master’s degree at <strong>the</strong> <strong>Centre</strong>, confirmed <strong>the</strong> shift in approachthat underpins such examples. When a magistrate, she would do things repetitively<strong>and</strong> in a mechanical fashion, <strong>and</strong> never asked why a women did a certain thing. Shegenerally did not go into factors that had shaped women’s experiences <strong>and</strong> preferredbe<strong>for</strong>e <strong>the</strong> course to merely apply sentencing options. These ‘gaps’ were revealedfollowing <strong>the</strong> course.Lawyers in civil society legal aid provision also expressed <strong>the</strong> shift in approach <strong>and</strong>how issues were being framed be<strong>for</strong>e <strong>and</strong>after <strong>the</strong> Masters. Some reflected uponwomen’s perceptions <strong>of</strong> courts <strong>and</strong> <strong>the</strong>legal process as in itself ‘terrifying’. Since<strong>the</strong> course she claimed it is easier to relateto women’s issues, to underst<strong>and</strong> <strong>the</strong>ircontext, cultural factors <strong>and</strong> relationships<strong>and</strong> how option may influence each. Anexample <strong>of</strong> how this had improvedinterpretation <strong>of</strong> <strong>the</strong> law is seen in <strong>the</strong> boxadjacent.‘A client came to see me. She was in apolygamous marriage. The husb<strong>and</strong> hadsold <strong>the</strong>ir house, without consulting her,or, giving her anything from sale. He pu<strong>the</strong>r out in ano<strong>the</strong>r house. He <strong>the</strong>n wantedto sell that one as well- but she had notbenefited previously <strong>and</strong> he had not been<strong>the</strong> care-giver <strong>for</strong> <strong>the</strong>ir children. Shespoke with him <strong>and</strong> he agreed to give hermoney from sale. Getting women’sexperiences <strong>and</strong> exploring this <strong>and</strong> <strong>the</strong>irconcerns <strong>and</strong> fears, was what I got fromthis course. The women didn’t want adivorce but just wanted a fair share. It is<strong>of</strong>ten not about law but experiences. Shegot fair compensation’.Portia Mabasa (Legal Officer, WLSA)31

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