Lady Justice Meaza Ashenafi Mengistu, the first woman in Ethiopian history to become the president of that country’s Federal Supreme Court, highlighted the plight of African women and children at the 2024 Unisa Founders Lecture.
She recently gave the keynote address at the event, which was attended by dignitaries, diplomats, and judges, including former Deputy Chief Justice Dikgang Moseneke, Justice Baratang Mocumie of the Supreme Court of Appeal, and scholars from different disciplines.
The lecture was themed “The role of women in delivering justice in Africa: Passive or active agents?”. Speakers examined the plight of African women under postcolonialism while reflecting on the 16 Days of Activism against Gender-Based Violence and Femicide.
In her welcome address, Unisa Principal and Vice-Chancellor (VC), Professor Puleng LenkaBula, said that the university is honoured to host Mengistu as the Founders Lecturer.
“She has had an illustrious and distinguished career in public service in Ethiopia, Africa, and the world. Her role as the president of the Federal Supreme Court of Ethiopia – the equivalent of a chief justice in South Africa – means that she is the leader of the three arms of state in Ethiopia.”
LenkaBula added that, as the first woman to do so, Mengistu is indeed a trailblazer and the greatest illustration yet that Africa is recognising the pivotal contributions of women.
“Millions of youths must be inspired by her outstanding contribution to Africa’s development and renewal,” she said.
The VC stressed that, given the history of the world and the African region regarding the oppression and exploitation of women, the rise of women into positions of public trust and power is, to a great extent, a significant leap in the quest for social transformation.
Drawing attention to the legal systems on the continent, LenkaBula said that due to the legacy of colonialism, Africa still has a long way to go towards transformation and substantive delivery of social justice to the people.
“Most of the legal systems still undermine our own histories, knowledge systems, and traditions here in Africa. We call this the cultural crime of colonialism,” she said.
Although Africa continues to make strides, LenkaBula said that women remain the most disadvantaged on the continent and the globe.
“War and violence, poverty, landlessness, illiteracy, human trafficking, and other human-made social ills affect women more than any other social group.”
Concluding her message, the VC stated that she is pleased to share that Unisa continues to strengthen its presence in Ethiopia through its regional learning centre where the university produces Ethiopian postgraduate students, of which many are women, in various fields, including law.
“Such a presence and programme are in line with Unisa’s vision of being a truly African university, shaping futures in the service of humanity. In empowering women to break barriers, the university redresses the hallmarks of postcolonialism in pursuit of a non-sexist and patriarchy-free society,” she said.
Justice Baratang Mocumie, judge of the Supreme Court of Appeal in South Africa, meanwhile, said that in the past African women had served as custodians of traditional justice systems.
“However, the colonial system disrupted these roles and marginalised women through legal frameworks by viewing them as passive agents in delivering justice, among other aspects.”
She added that despite this, women continue to fight for their rights in the modern justice system through reshaping it to address the unique challenges of marginalised groups.
In her keynote address, Mengistu, said that African courts have moved in the right direction by setting a positive precedent towards upholding women’s rights, particularly concerning harmful customs and traditions that affect the rights of women.
“This was influenced, among other cases, in 1996 when I was serving as an attorney in the high-profile case of a 14-year-old girl who was travelling home from school when she was abducted by men seeking to procure her as a bride for a would-be husband.”
Mengistu explained that the girl fatally shot the would-be husband, who had beaten and raped her.
Mengistu, in support of the girl, took the case pro bono (free of charge) to demonstrate that even though abduction into marriage is one of Ethiopia’s oldest traditions, the girl acted in self-defence.
She successfully defended the girl, and the case led to the government outlawing the Ethiopian custom of kidnapping girls for wedlock.
Despite this victory, Mengistu said that the tradition still persists in some areas of the southern and western parts of Ethiopia, where abduction equates to courting.
Mengistu, hailed as a strong voice for women, said that more recently the judiciary, under her leadership, has given remedial justice for women and children in property rights, religious freedom, and equality before the law during marriage and divorce.
Mengistu related an event when, in March 2021, the Keynan High Court was praised for dismissing a medical doctor who challenged the banning of female genital mutilation (FGM).
“The court rejected the argument of the doctor, who claimed that the ban of FGM violates women’s rights to cultural expression and choice, as if women chose to be mutilated.”
Concluding her message, Mengistu said that some countries in Africa are still grappling with advancing the rule of law.
“It remains an inspirational goal for some nations. However, aspiration alone will not work. We need commitment, organisation, and action. Delivering justice requires an open government, accountability, the rule of law, and equality before the law,” she said.