Zim female judges reflect on milestones on the bench
FEMALE judges across the globe yesterday celebrated International Women’s Judges Day reflecting on the milestones achieved in equal participation at all levels of the judiciary and their contribution to strengthening the sector and judicial integrity.
Historically, the fundamental role of women in society has ensured the stability, growth, and long-term development of nations, globally.
This year’s commemoration is focused on the theme “Empathy and Action: Women and Girls in Carceral Settings.”
Notwithstanding the constructive influence that women make in the justice sector, research the world over reveals that the pathways for judicial promotion are congested by many legal, political, and social obstacles, including gender biases.
But in Zimbabwe, women judges have made tremendous progress as more of them are claiming their stake in the judiciary and the legal systems, refining the effectiveness of the institution and spawning public confidence.
Zimbabwe Deputy Chief Justice Elizabeth Gwaunza views the day as significant for world recognition of women judges, given their contribution to the justice system.
She says on the day, the whole world focuses on the issues to do with women, every aspect of women’s lives.
“The idea being to uplift women, to advance the status of women, to empower women, to alleviate or free them from the very many hardships that women suffer and endure by being women arising from all sorts of causes or grounds in socialisation, social attitudes, education, lack of empowerment in so many spheres of life,” said Justice Gwaunza.
“The idea is for women to be able to participate wherever they are, wherever they are located to participate in processes that contribute to developing the country in every respect alongside men.
“It is important to have one day in a year in which attention is drawn in different ways by different people to women on the challenges they face and the need to uplift them in every aspect of life so it is a very important day.”
Zimbabwe has a total of 67 judges encompassing all levels of courts — the administrative court, labour court, high court, supreme court, and constitutional court.
Of those, 30 are women and 37 are men. This makes a percentage of 44.7 percent women in the judiciary.
But Justice Gwaunza feels it could be better if there was equal representation as they aim to get to 50 percent or even more.
Only the labour court has more women than men.
Justice Gwaunza says efforts to increase gender equality or enhance gender parity would have to start at the level of recruitment, arguing that the aim of equal opportunity employment is to hire the best-suited person to perform a particular job, regardless of the sexual orientation of the person.
This, she says, even more women could get selected to the bench on merit beyond the targeted numbers.
“Well, just like any field of human endeavour, women should be involved. They make more than half the population of the world and it is only logical that they be involved actively in processes that drive the world at a bigger scale,” she says.
“As far as the judiciary is concerned we have intelligent women alongside men, hence equal opportunities. So, there is no justification for differentiating in terms of practice in terms of theory.
“It is important because the world is made up of men and women after all. So, why would we want the other gender to have an advantage over the other gender?
“I know we follow different parts in life as women or men. It’s fine we have different obligations, child bearing, responsibilities, and caring for families but as far as the brain is concerned we are the same.
“So, a person’s gender should not be used to disadvantage them one way or the other where a man in the same situation is not disadvantaged.”
For Justice Antonia Guvava, International Women Judges Day signifies quite several things among them a recognition by the United Nations family that women judges play a very important role in the judicial system and a way of showing the world that there is hope for young women and lawyers, magistrates out there that they also can join and become judges.
She says it is critical to have women on the bench to bring in the softening of the whole atmosphere in the judiciary.
“You can imagine you walk into a courtroom and you find a full bench of male judges and you are a woman,” said Justice Guvava. “I think it is enough to frighten you, but if there are one or two women I think it tones down the atmosphere in the courtroom,” says Justice Guvava, the head of the Supreme Court.”
Justice Guvava named Justices Gwaunza and Rita Makarau as her role models who inspired her to join the bench.
She has been a judge since 2001. Justice Guvava strongly feels that the day set for women judges is enough to sensitise everyone who is involved in appointing women to leadership positions, especially women in the judiciary.
For women out there, Justice Guvava says everything is possible as long you work hard and set goals you can achieve anything.
“It has taken us 40 years to be where we are, but we have arrived,” she says. “We are still aiming higher. We are also emulating other Judges like the Deputy Chief Justice who’s the First Deputy Chief Justice in Zimbabwe.
“I think all female judges are emulating her and looking forward to moving up to such a high position as well. Other female judges see us what we are doing in society; the work that we are putting in, they should also want to join and become judges as well, which is good for the justice delivery system and the national at large.”
For Judge President Justice Maria Dube, International Women’s Judges Day is important for a female judge.
It is the time she gets to reflect on the role female judges are playing in the Judiciary of Zimbabwe.
“I look at this day and ask myself how far have we gone in terms of advancing women in the Judiciary,” she says. “I also look at whether or not we have any challenges, barriers that the judges may have and say to myself how best these barriers, challenges, if any, can be addressed. I also look at opportunities that these women bring to the bench to the judiciary and the opportunities they also have being part of this judiciary.”
In the administration of justice, judicial decisions have a wide and unfathomable impact on social paradigms, social order, and systemic inequities that prevail in the system.
So the minute judges interpret and implement the law, their reasons and opinions are a reflection of their thought process, an insight into their perceptions.
These perceptions in their slightest must be representative of both men and women on the bench to ensure a fair and adequate response through judicial decisions.
For Justice Dube, having female judges on the bench is advantageous to the general public and the judiciary because these women can advocate for gender sensitivity.
“We as women have the opportunity to implement policies that promote gender diversity, equity, and inclusion within judicial institutions and create a conducive environment for women,” she says.
“I think it is very comforting when you come to court and see a fellow woman adjudicating a law matter, you do not want to see male faces all the time. Also in the process of adjudicating you are comforted that there is another woman. You say this woman understands me, we as women understand each other.”
Justice Dube added that the judiciary space becomes more conducive by the mere presence of a woman judge on the bench.
The International Association of Women Judges (IAWJ) urged its membership to reflect on the challenges faced by women within prison systems, as the association recognised the importance of empathy in understanding their experiences and the necessity of taking concrete actions to preserve their rights.
“As we celebrate the International Day of Women Judges, let us reaffirm our commitment to upholding the rights and dignity of all individuals, especially the most vulnerable among us,” said IAWJ in a statement on Friday.
“Through empathy and proactive measures, women judges are spotlighting the needs of children with incarcerated mothers, ensuring that their voices are heard. Together, let us strive to build a world where every child has the opportunity to thrive, regardless of their circumstances.”
As part of activities for the International Day of Women judges, IAWJ announced a forthcoming webinar dedicated to examining the challenges encountered by children with incarcerated mothers.
This presents a platform to illuminate the empathy and proactive efforts undertaken by women judges in addressing the often-overlooked circumstances faced by infants who accompany their mothers in Carceral settings.
It is a common cause that in the past, the legal profession was not considered fit for women. As time evolved, today women enter this profession of high quality.
However, there are still not enough women in the judiciary the world over. The struggle to change this paradigm is far from over.
Including females in the judiciary is not about ensuring that their insight is germane to resolving cases about women. It is much more than that. It is about incorporating the gender standpoint and giving identical perceptibility to women.
Integration and visibility are important to help build the narrative which includes the gender perspective. Women in the judiciary bring with them the gender perspective.