In Mwazoao v Mwazozo S-121-94 (Civ 175/94)
The Appeal Court held that giving preference to one sex in customary succession was not in violation of the constitutional right to freedom from discrimination because there was a specific saving for customary law. In this particular case, appellant, a Shona son was appointed his father's heir instead of respondent, his older sister. Shona society has patrilineal succession. This system was not based on a women's perpetual minority, but was meant to prevent the diversion of wealth from one family to a new family. The Court, per Muchechetere J A, suggested that Parliament consider change as the Legal Age of Majority Act only removed discrimination against women based on perpetual minority. As reported in Bulletin of Zimbabwean Law 1994 No. 3, p103.
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