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An Analysis of the Constitutional Amendment Bill No. 2 of 2019 on the Extension of the Women Quota System
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Authors: Alex Magaisa and Advocate Choice Damiso, for WLSA Zimbabwe with WALPE
Year: 2020
Programme: Legal Aid
Language: English
Publication

An Analysis of the Constitutional Amendment Bill No. 2 of 2019 on the Extension of the Women Quota System

Abstract / Summary

Analyses the Bill extending the 60-seat women's quota from two to four Parliaments (to 2033). Drawing on constitutional values, comparative jurisprudence (India's 'basic structure' doctrine), CEDAW and the Maputo Protocol, it argues the extension is constitutionally deficient and perpetuates inequality under the guise of promoting it.

Key Findings

·      The quota was designed as a temporary measure expiring in 2023; extension amounts to tokenism.

·      The extension conflicts with the Constitution's founding values (sections 3, 17, 80).

·      There are strong substantive grounds to challenge the amendment's constitutionality.

·      Courts are likely to defer to Parliament while the legislative process is ongoing.

·      Party-list 'quota MPs' are widely perceived as unequal to constituency MPs.

Recommendations

·      Pursue public-interest litigation cautiously, ideally after enactment.

·      Participate in parliamentary public consultations with coordinated objections.

·      Petition Parliament with detailed objections and bolder alternatives.

·      Lobby key stakeholders and caucuses inside and outside Parliament.

·      Gather witness statements documenting party-list versus constituency MP disparities.

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