4.1. Constitutional Provisions

4. SOUTHERN AFRICA

While countries have constitutions, which recognise the principle of gender equality, sometimes societal limitations grounded in culture and tradition limit women’s ability to fully participate in the political process.

4.1. Constitutional Provisions

In the span of the AWD, Zambia and Zimbabwe both introduced constitutional reforms that promote women’s participation in political, economic and legal decision-making. In addition to the provision affirming women’s right to equal participation, Zambia’s Constitution (Amendment) Act No. 2 of 2016 specifically provides for gender equity in the National Assembly.878 The national constitutions of all countries in the region (Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe) have provisions protecting against discrimination on the grounds of sex or gender.879

Zimbabwe’s 2013 Constitution states that the government must promote women’s equal representation at all levels of government.880 To achieve this, Sections 120 and 124 stipulate that, for the first two parliaments following the adoption of the Constitution, a gender quota for the Senate and the National Assembly will be in place, and party lists for candidates must alternate male and female candidates, with the list headed by a female candidate.881 Furthermore, Zimbabwe’s parliamentarians introduced a bill in 2019 to extend the gender quota for another two parliamentary sessions, and introduced a gender-balanced youth quota as well.882 This bill has not been passed as of July 2020.883 Eswatini’s Constitution of 2005, Section 86(1), requires that female members of parliament constitute at least 30% of the total membership of Parliament and provides for alternative measures by the House where this does not occur. Eswatini passed the Election of Women Members Act 2018, espousing a quota of 30% to be reserved for female members of parliament, but the quotas have not been met in the 2018 elections nor any subsequent election. Women’s representation in Eswatini’s parliament stood at 9.6% in 2020.884

While countries have constitutions, which recognise the principle of gender equality, sometimes societal limitations grounded in culture and tradition limit women’s ability to fully participate in the political process.885 Angola adopted a new Constitution in 2010 with provisions on gender equality. However, concerns have been voiced that the Constitution’s definition of discrimination against women is incongruent with CEDAW, and that its emphasis on the status of customary law risks excluding women’s rights to inheritance and property.886 Similarly, in Lesotho, the Constitution allows for discrimination on the basis of customary law,887 which hinders women from fully participating in traditional politics, as only sons can be heir to the throne or chieftainship.888 The constitutionality of the Chieftainship Act was upheld in 2013 by the High Court of Lesotho.889