Final Papers of the 2016-2018 National Symposiums under the Zimbabwe Human Rights Capacity Development Programme
Abstract

Foreword

The 14 research papers contained herein are the final papers from:
1. The 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, held at Cresta Lodge, Harare, Zimbabwe, on 5 December 2016, under the Zimbabwe Human Rights Capacity Development Programme (hereinafter ‘Zimbabwe Programme’)
2. The 2017 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, held at Cresta Lodge, Harare, Zimbabwe, on 8 and 9 November 2017, under the Zimbabwe Programme.
3. The 2018 National Symposium on Gender Equality and the Human Rights of Women in Zimbabwe, held at Cresta Lodge, Harare, Zimbabwe, on 5 and 6 November 2018, under the Zimbabwe Programme.

The overall objective of the Zimbabwe Programme is: to contribute to enhanced enjoyment of constitutional rights in Zimbabwe, through legislation, policies, practices and decision-making being increasingly informed by international human rights standards and principles.

Its main implementing partners at the time of writing are: Raoul Wallenberg Institute of Human Rights and Humanitarian Law (hereinafter ‘RWI’) at Lund University, Sweden; Centre for Applied Legal Research (hereinafter ‘CALR’) in Harare, Zimbabwe; College of Business, Peace, Leadership and Governance at Africa University in Mutare, Zimbabwe; Faculty of Law at Midlands State University in Gweru, Zimbabwe; Herbert Chitepo School of Law at Great Zimbabwe Univerisity in Masvingo, Zimbabwe; Faculty of Law at University of Zimbabwe in Harare, Zimbababwe; Faculty of Law at Ezekiel Guti University in Bindura, Zimbabwe; Council for Legal Education in Zimbabwe; Zimbabwe Human Rights Commission; Zimbabwe Prisons and Correctional Services; and Zimbabwe Anti-Corruption Commission. The Zimbabwe Progamme is supported by the Swedish International Development Agency (Sida).

The national symposium is an annual event under the Zimbabwe Programme. It is co-organised by RWI together with the academic partner institutions and CALR, and is a forum where research funded and conducted during the year is packaged and presented before an audience representing diverse sectors of Zimbabwean society, thereby allowing the presenters and participants to in plenary engage in vibrant discussions around the topics at hand and together deliberate on the way forward with regard to critical human rights reform issues. The feedback and experiences shared during the national symposium also aid and feed into the preparation of final papers for publication and dissemination.

With that said, RWI would like to conclude by thanking the researchers for their hard work and determination, which resulted in these final papers that make up this collection. RWI would also like to thank the Swedish International Development Cooperation Agency (Sida) for supporting the research, and thereby ensuring it saw the light of day. Finally, it is RWI’s sincere wish that you, the reader, find these papers thought-provoking and informative as well as an eventual source of inspiration and guidance in your own potential efforts towards furthering the provisions contained in the 2013 Constitution of Zimbabwe and its comprehensive Declaration of Rights.

About the Raoul Wallenberg Institute:

The Raoul Wallenberg Institute, based in Lund, Sweden, is a research and academic institution with offices, programmes and convening power covering 40 countries. RWI combines evidence-based human rights research with direct engagement in close collaboration with its partners to bring about human rights change for all. The Institute is named after Raoul Wallenberg, the Swedish diplomat who saved tens of thousands of Jews and other people at risk in Hungary at the end of World War II.
For more information on RWI, please visit: www.rwi.lu.se

 

Table of Contents
Table of Contents


Foreword ................................................................................................................................. iv

Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe:
1 Constitutional Analysis of the Interpretation Clause of the Zimbabwean Declaration of Rights – Admark Moyo ......................................................................................................................... 2
2 The Constitutional and Legal Frameworks for the Protection of Women against Violence in Zimbabwe – Pamela Machakanja, Deliah Jeranyama and Eunice Bere ............................... 23
3 The Constitutional State and Traditionalism under the 2013 Zimbabwean Constitution: A Critique – James Tsabora ....................................................................................................... 45
4 An Analysis of Traditional Leadership, Customary Law and Access to Justice in Zimbabwe’s Constitutional Framework – Samukeliso Sibanda .................................................................. 56
Final Papers from the 2017 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe:
5 Inclusive Education, Rights of Persons with Disabilities and Policy: Mainstreaming PWDs at Africa University in Zimbabwe – Chupicai Manuel, Pamela Machakanja and Deliah Jeranyama ............................................................................................................................... 69
6 (Il)limitable and Non-Derogable Rights, Judicially Sanctioned Whipping and the Future of Punishment in All Setting in Zimbabwe – Admark Moyo ...................................................... 87
7 An Overview of the Practice and Procedure When Litigating Election Petitions in Zimbabwe – Tarisai Mutangi ................................................................................................ 107
8 The Role of Traditional Systems and Customary Law under Sui Generis Systems of Intellectual Property Rights in Traditional Knowledge – Gabriel Muzah ............................. 129
9 Foreign Investment, Indigenous Communities and the Constitutional Protection of Property Rights in Zimbabwe – James Tsabora and Mutuso Dhliwayo ............................................. 138
Final Papers from the 2018 National Symposium on Gender Equality and the Human Rights of Women in Zimbabwe:
10 ‘Equal Rights Are Okay, but We May End up Having Makanda Asina Nzungu (Empty Shells without Groundnuts)’: The Social Construction of Women Interested in Politics by Young People in Masvingo Urban – Hellen Vengania and Charles Dube ........................... 154
11 Enhancing Functional Interactions between the Gender Commission and the Judiciary in the Promotion of Gender Equality in Zimbabwe: A Blueprint – James Tsabora and Paidamwoyo Mukumbiri ....................................................................................................... 164
12 Criminalisation of Deliberate Transmission of HIV: A Subtle Perpetuation of Gender Inequality in Zimbabwe? – Linet Sithole, Samukeliso Sibana and Isabel Moyo .................. 172
13 The Interface between Women and the Criminal Justice System in Zimbabwe: Interrogation of the Gender Equalities and Discrimination Women Offenders, Suspects, Victims and Witnesses Experience and the Need for Law Reform – Elizabeth Lwanda-Rutsate .................................................................................................. 181
14 Implementation of the Constitutional Provisions to Ensure Gender Equality and Participation of Women in 2018 Elections by the Zimbabwe Electoral Commission – Pamela Machakanja, Chupicai Manuel and Rejoice Sibanda ........................................................... 209
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