More critically, the Judge concluded his judgment by calling upon the Government
of Botswana to repeal all discriminatory laws which may in themselves or by their
effect undermine the rights of women. In this connection, the Court held that:
“In conclusion, I wish to point out that there is an urgent need for parliament to
abolish all laws that are inconsistent with section 3(a) so that the right to equality
ceases to be an illusion or a mirage, but where parliament is slow to effect the
promise of the Constitution, this Court, being the fountain of justice and the
guardian of the Constitution, would not hesitate to perform its constitutional duty
when called upon to do so”.
Mmusi is most certainly a critical step towards the promotion of the Charter in so
far as equality before the law between men and women is concerned.
As a strategy to eliminate discrimination and promote gender parity, the
Government has also adopted the following key policies:
The Gender Strategy which currently informs national gender programming;
The National Policy on Gender and Development and the National Operational
Plan;
The Government developed the National Policy on Gender and Development
(NPGAD, 2015), to guide and inform the development and implementation of
gender sensitive and responsive initiatives by all development sectors with the aim
of reducing inequalities in the opportunities and outcomes of social, economic,
cultural and legal development for both men and women.
The Government has further developed a National Operational Plan (NOP, 2015)
to operationalize the NPGAD policy. These developments reflect the government’s
commitment to promote gender equality and equity as means of achieving the goals
of sustainable human development.
In addition Government has developed a Gender and Development Strategy in 2015
that articulates the political, policy and legal foundations of the NPGAD policy by
linking it to the provisions of the Bills of Rights, Vision 2016, the National
Development Plan (NDP) 10 and the Millennium Development Goals (MDG)
among other national, regional and international policy frameworks. The Gender
and Development Strategy is also intended to bridge the gap between policy (i.e. the
NPGAD policy) and the practice (i.e. the NPGAD-NOP) by defining in more detail
operational strategies and policy interpretations that will guide stakeholders in
gender mainstreaming in all corporate functions from decision making, policy,
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