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The intersection between Justice and Gender-Based Violence and Fermicide

Peter Smith

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Question 1

Does a causal link exist between a broken and an unaccountable justice delivery system and GBVF? If so, in what way?

Key words

Broken justice system (BJS)
Unaccountable justice system (UJS)
Gender Based Violence and Femicide (GBVF)
Causal link (CL)
Author: Tichaona Mupasiri ([email protected] )

Auditing, assessment and evaluation of systems is a necessary “evil” if accountability is to be called for; and justice systems world over are not an exception as they fall within the ambit of public office which must be viewed in its entirety as public property whose escapability to public scrutiny should be next to zero. In this contemporary time and age, it is worthwhile to interrogate the nexus between a broken and an unaccountable justice system and the topical matter of Gender Based Violence and Femicide which has caused extremes headaches even for most powerful world governments. It is imperative that for shared understanding to exist, certain key terms such as broken justice system, Unaccountable justice system, Gender Based Violence and Femicide and Causal Link should be defined. The definitions given are based on my lived experiences as a serial litigant.

A broken justice system is a justice system which has gaps, voids, fissures and holes that militates the attainment of the promises of justice; that is fairness and equality. It is tantamount to a broken live wire which cannot live up to its promise of delivering current which is need to light up gadgets which depend on it.

An unaccountable justice system is that justice systems which is not answerable for its generally wrongful actions and in most cases in its service to the public, does not only take stinging yet valid questions lightly but also shies away from the truth and or give its own version of truth regarding a matter thrown in its arena for determination. An unaccountable justice system operates with impunity and is evasive.

Gender Based Violence and Femicide (GBVF) is any form of violence influenced and motivated by a conquering spirit over feminineness of another sovereign being to the extent of in extreme cases exterminate the perceived weak being. This takes various forms from rape, emotional, psychological violence and even inequalities in workplaces in relation to even salaries, job titles and responsibilities.

A causal link is the catalytic element that motivates a result. It is a bridge, nexus and gateway to an end. It is that which causes an outcome.

A broken justice systems is corrupt and defeats the ends of justice at all costs. A broken justice is corruptible and therefore whoever can oil it in terms of bribes can obtain a favourable judgment and proper, fair, reasonable and prompt justice delivery becomes a victim. A broken justice systems is always at war with rule of law and does not respect property rights. Absence of rule of law translates to poverty and poverty is a fertile ground for GBVF. Where there is poverty it is only the fittest who survive and the feminine find themselves at the receiving end due to the social construction which conditioned them to believe so.

Because women have been taught from childhood that men are born powerful and conquerors, the dare not report any form of abuse because they are aware that in a broken system, nothing meaningful and in the interests of justice is sired.

Under this circumstance, both the masculine and the feminine must be provoked to be angry through literature, seminars and accounts which promote active citizenship; and most importantly should be assisted from young age to cultivate a culture of speaking out. For example, a broken justice system in Zimbabwe caused the placement of SMM Holdings (Private) Limited, a company registered and operating under the laws of Zimbabwe, under reconstruction, depriving shareholders and directors of its control. This must not be underestimated as it led to loss of livelihood for more than 20000 families in a small mining town of Mashava in Zimbabwe. It must be noted that women who made up a greater number of housewives were traumatized as this new unpleasant reality of job losses by their husbands at the instigation of the Zimbabwe justice system dawned on them. At the instigation of the government of Zimbabwe, using the broken justice systems in South Africa, jobs were lost at South African companies such as Aldolex, Southern Asbestos Sales and Petter Trading to mention but a few. In Zambia the same happened to TAP Building products where similarly the high court of Zambia recognised a foreign law which was inimical to the rule of law.

Families of the bread winners were at the receiving with no care from the broken justice systems. It is therefore clear that there exists a umbilical cord that joins a broken justice system with GBVF.

Shifting to unaccountable justice systems, there are many points to note. An unaccountable justice systems keeps and aids the brokenness of a justice system. It is a conduit on which criminality is executed with no shame. An unaccountable justice system owes not duty to the constitution but to itself. This is a system which thrives on self-help schemes and has a complex structure in which those who are supposed to uphold defend, respect and obey the constitution are the ones who disrespect it.

This show of an unaccountable justice system is seen in big law firms like ENSAfrica which to date is opposing the version that the company SMM placed under reconstruction is not a company but an organ of the state. The failure by ENSAfrica to accept accountability and wrong doing in the prosecution of SMM matters in South Africa is salt in the wounds of many families which suffered as a result of the matter which were fraudulently brought before the South African courts. Up to now both the South African and Zimbabwean courts have refused to take accountability to the pain and suffering caused to many women and children who looked up to the company to meet their economic needs.

In another matter in Zimbabwe, sometime in 1997, a Zimbabwean, Mr Walter Nhliziyo, who left Zimbabwe for The United Kingdom had his house unlawfully taken and sold by the bank despite him settling what was due. This caused irreparable pain to his family; wife and children that to date they are still to recover from this nightmare. The causal link between an unaccountable justice delivery system and GBVF should not be downplayed.

A just and accountable justice delivery system ushers in a promise of a safe and secure future for all and it is important that each person works towards being the change that he/she ought to see and enjoy.

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