Former Harare South legislator , Margaret Dongo had sought the nullification of certain provisions of the Guardianship of Minors Act, which she claimed were discriminatory against married women who were not regarded as natural guardians of their children.
We applaud Makarau for shedding light about the rights of children enshrined in the constitution, which many were not even aware of. She said in her ruling: “The right to freedom of movement is inherent in all human beings and is enshrined in the Constitution. Minor children are guaranted that right by virtue of being human beings,” she said.
“In my view, to deny a minor child a passport because he or she has not been assisted by his or her natural guardian may amount to an unlawful abrogation of the minor child’s right to freedom of movement.”
This is why it is important for women to unite in the current constitution-making process, regardless of political affiliation, to ensure that they are not sidelined and to ensure they are aware of their rights and they understand them. Many times women suffer because they do not know the rights they have under the constitution. It is the duty of the women’s movements, most of which are bankrolled by donors, to unpack the constitution document and put it in the most simple language that is understood by the majority of women.
The ruling is certainly a victory for many women, particularly those who have marriages that exist only on paper, the ndogarira vana vangu type (I will stay in the marriage for the sake of my children).
Makarau said either of the parents could assist to get a child a passport. But men have had no problems because even without the ruling, it was not an open secret that they were permitted by the RGs office to apply for passports on behalf of their children with or without the consultation of their wives. But women could not do so, contrary to what Makarau said in her ruling that if a father was making an application for a passport it had to be done in consultation with the mother of the minor child.
What is left to be seen now is whether the Registrar general will respect and implement that ruling, given the general lack of respect for the rule of law in Zimbabwe. Ironically the ruling is coming at a time when the nation recently witnessed a female minister lose her property to her husband’s family, even though the law was on her side, because the law enforcement agents failed to protect her.
We also hope that the women’s movement, which sadly sometimes is painfully quiet at a time when people expect them to speak out, will be in a position to educate women on such important rulings and will be there for them in their times of need.
Post published in: Editor: Wilf Mbanga