News / National
Robert Mugabe in breach of Constitution
04 Feb 2014 at 09:31hrs | Views
President Mugabe has appointed ex-principal immigration officer Elasto Mugwadi as the new Zimbabwe Human Rights Commission chairperson and 8 new members of the Judicial Services Commission dominated by men in breach of the Constitution.
Chief Justice Godfrey Chidyausiku swore in a male dominated new JSC which may be in breach of the new constitution that calls for equality of sexes on all commissions.
The Constitution recognises gender equality as one of the constitutional founding principles and outlaws discrimination. The former Lancaster House Constitution, which has to date co-existed with common law, saw many women and girls being discriminated against based on customary law and tradition, and in the private sphere this reigned supreme.
Article 124 of the new Constitution provides that for the life of the first two parliaments "an additional sixty women, six from each of the (ten) provinces of Zimbabwe) shall be elected on a proportional representation basis to the 270 existing National Assembly seats, that are open to both women and men." This guarantees women 18% of the seats in parliament through the PR provision, with the possibility of additional seats through the openly contested elections.
The section of the Executive does not specifically guarantee a representation of women in the Presidium. The PR provision in the national assembly does not extend to local government. However, Article 17 b I - "both genders are equally represented in all institutions and agencies of government at every level" - gives scope for this to be taken up in legislation.
Mugwadi replaced Jacob Mudenda, who is now speaker of the National Assembly.
The Chief Justice also swore in 8 new commissioners of the Judicial Services Commission in compliance with the new Constitution that now requires the appointment of 13 commissioners, up from the 6 who used to run it.
Deputy Chief Justice Luke Malaba, Judge President George Chiweshe, High Court judge Justice Happias Zhou, chief magistrate Mishrod Guvamombe, Law Society of Zimbabwe president Lloyd Mhishi, accountant Priscilla Mutembwa and two other lawyers - Priscilla Madzonga and Josphat Tshuma - were appointed JSC commissioners.
Chief Justice Godfrey Chidyausiku swore in a male dominated new JSC which may be in breach of the new constitution that calls for equality of sexes on all commissions.
The Constitution recognises gender equality as one of the constitutional founding principles and outlaws discrimination. The former Lancaster House Constitution, which has to date co-existed with common law, saw many women and girls being discriminated against based on customary law and tradition, and in the private sphere this reigned supreme.
Article 124 of the new Constitution provides that for the life of the first two parliaments "an additional sixty women, six from each of the (ten) provinces of Zimbabwe) shall be elected on a proportional representation basis to the 270 existing National Assembly seats, that are open to both women and men." This guarantees women 18% of the seats in parliament through the PR provision, with the possibility of additional seats through the openly contested elections.
The section of the Executive does not specifically guarantee a representation of women in the Presidium. The PR provision in the national assembly does not extend to local government. However, Article 17 b I - "both genders are equally represented in all institutions and agencies of government at every level" - gives scope for this to be taken up in legislation.
Mugwadi replaced Jacob Mudenda, who is now speaker of the National Assembly.
The Chief Justice also swore in 8 new commissioners of the Judicial Services Commission in compliance with the new Constitution that now requires the appointment of 13 commissioners, up from the 6 who used to run it.
Deputy Chief Justice Luke Malaba, Judge President George Chiweshe, High Court judge Justice Happias Zhou, chief magistrate Mishrod Guvamombe, Law Society of Zimbabwe president Lloyd Mhishi, accountant Priscilla Mutembwa and two other lawyers - Priscilla Madzonga and Josphat Tshuma - were appointed JSC commissioners.
Source - newsday
