What Lies Beneath: The Complex Nature of Appointing Women Judges in Zambia and South Africa
PhD candidate: Tabeth Masengu
Supervisors: Prof. dr. Eva Brems, Vakgroep Europees, Publiek- en Internationaal Recht (RE22) - Prof. dr. Hugh Corder, University of Cape Town
Using a socio-legal framework, this thesis addresses the present dearth of research on gender and judging in Africa, by examining the judicial appointment processes in Zambia and South Africa. This study is grounded in the argument that judges and those who appoint them, are operating in environments where multiple factors can and do have an impact on whether a country is able to successfully create a gender diverse judiciary. Using a feminist lens, this thesis describes women in terms of gender and explores various facets of the appointment system, in order to respond to the research question. How do aspects of the judicial appointment process inform equal representation of women and men on the bench? Drawing from existing literature on gender and judging, this thesis interrogates particular formal and informal aspects of the appointment process.