Conflict in the Zimbabwean Courts: Women's Rights and Indigenous Self-Determination in Magaya v. Magaya

This article reviews the case of an Indigenous women in Zimbabwe being denied property rights under judicial interpretations of customary law in Zimbabwe. Part I focuses on the background and substantive decision in the case. Part II reviews the significant reaction from the local and international human rights community. The main argument in the article is that advocacy needs to focus more on the structures of the legal system in Zimbabwe and the existence of a separate legal system rooted in customary law. Part III focuses more specifically upon the conflict between women's rights and indigenous rights to self-determination which arose in this case. This review includes a discussion of the violations of international human rights which occured in this case and the structural barriers in pursing remedies through international mechanisms. The article concludes with suggested changes to the legal system in Zimbabwe so as to better protect both the rights of women and indigenous persons.