NewZimbabwe.com has invited Mr. Vengai Madzima, the Senior Partner at Madzima Chidyausiku Museta Legal Practitioners (MCM Legal) to discuss the National Gender Policy as a tool to assist women businesses participating in the formal market.
Reporter: Welcome back Mr. Madzima, this week we want to discuss the National Gender Policy. How far do you think Zimbabwe has proceeded so far to empower women from a gender perspective?
VM: It is a difficult question for any man to respond to, however, I will list some of the legislative provisions that have been put in place to empower or allow women to have better opportunities, specifically, as it relates to their participation in the economy. Whether these policies are enough or sufficient, I am not qualified to respond.
Our constitution, being the starting point and anchor guide to all our legislation and policies, require the State to promote the participation of women in all spheres of life, business being one of the spheres. To enable the participation of women in all spheres of life, our constitution therefore prohibits all forms of gender-based discrimination.
To this end, a notable number of our legislation is already aligned with the Constitution to reflect this objective. If we are look at some of our economic legislation, I will give one example, the Public Procurement and Disposal of Public Assets Act, it permits preferential treatment for targeted groups such as women led SMEs in bidding processes.
Reporter: How do cultural norms and some trade laws perpetuate the informality of women led businesses.
VM: There are a variety of cultural and social issues that result in many women-led businesses being at the bottom end of the spectrum and operating informally. In most instances, women have the responsibility of the physical care of the family, limiting their ability to participate in riskier business ventures or those that require large start up or operating costs such as licencing fees or high rentals. A majority of the resultant business ventures that avoid high up front capital will be home based production businesses, small scale retail and vending.
Although our laws void any law, custom or practice that may infringe on the rights of women, there is still need for general public education on the supremacy of our constitution over discriminatory customary practices.
Further, reforming and allowing local laws to be gender sensitive through gender responsive pricing of operating licences including the digitalization of informal businesses for purposes of incorporating them into the formal market where they can get equal access to finance and opportunities will go a long way.
Reporter: You mention digitalisation of informal businesses, how can fintech assist informal businesses to scale and formalise.
VM: Pillar 3.3 of the National Gender Policy promotes women access to credit and technology. Such digital platforms like payment systems may be useful for recording cashflows and how well the small business is operating. This is the information that credit companies use when issuing credit. When such businesses operate outside a verifiable system, especially when such informal operators do not have other assets for collateral, it makes it difficult to measure capacity for business loans.
Collecting gender data with systems that observe data protection for purposes of aligning with financial inclusion models is critical for purposes of growing informal businesses into formal scalable businesses.
Reporter: To what extent are our laws aligned to shift the economy from informality where women dominate to a tech anchored formal economy?
VM: Pillar 3.3 of the National Gender policy as part of its priorities aims not only to empower women, but to do so through leveraging technology. AfCFTA and SADC frameworks promote cross border SME growth through tech. Although our laws are aligned to allow for the growth of SMEs through tech, what is required is intentionality in enforcement coupled with investment in digital infrastructure especially in our rural areas.
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Reporter: In what ways are we able to ensure that the gender equality policy has been enforced?
VM: In practical terms, gender equality policies or specific policies that promote the participation of women can only be enforced once they are incorporated in the various regulatory frameworks. A failure to do so is tantamount to breaching the Constitution of Zimbabwe. Our courts are open and available to assist victims alleging breach of gender laws and where its legislative, to compel the alignment of the various regulatory frameworks to the intentions of the constitution, which is to promote the participation of women in all spheres of life.
Reporter: Thank you, Mr. Madzima we have run out of time.
VM: Thank you.
These discussions are of a general nature and those seeking specific legal advice should contact their lawyer.
You can contact Vengai Madzima on vengai@mcmlegal.co.zw or at www.mcmlegal.co.zw.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
