The Local Authorities Act establishes local authority councils within local government and defines their powers, duties and functions. The Act provides that the slate of candidates from any given political party up for election in a municipal, village or town council election must contain at least three female persons where the council consists of 10 or fewer members and at least five female persons where a council consists of 11 or more members, in an attempt to increase the presence of women in decision making positions.
Women and Justice: Keywords
This Act states that where a co-operative has more than five female members, or if more than one-third of its members are women (whichever is the lesser) and no woman has been elected as a member of its board, the board must appoint a woman as a board member within its first meeting to increase the representation of women in management positions. A similar provision is provided for sub-committees of boards.
The Local Election Act of Ukraine establishes quotas for female representation in the legislative bodies at local level elections, requiring that representation of persons of one sex in the electoral lists of candidates for members of local councils in multi-mandate constituencies should be at least 30% of the total number of candidates in the electoral roll.
The Political Parties Act of Ukraine establishes quotas for female representation in the Ukrainian parliament, requiring that the size of the quota (i.e. the minimum level of representation of women and men in the electoral list of candidates from one political party) must be not less than 30% of the total number of candidates in the electoral list.
The plaintiff was a male citizen who planned to run for office. The electoral commission advised him that the seat he desired was reserved only for female candidates pursuant to the electoral quota instituted by the Local Government Election Act of 1998. The plaintiff challenged the constitutionality of the electoral commission’s refusal to register his candidacy based on his sex. The High Court acknowledged that the Election Act disadvantaged men by reason of their sex alone. It also noted that, although 51% of the population of Lesotho was female, only 12% of the seats in the National Assembly were held by women. The Court ultimately upheld the constitutionality of the Election Act as a carefully designed measure intended to achieve the important national goal of increasing the number of women in the National Assembly.
In 2004 an amendment was introduced to the Local Government Elections Act 1998 (the “Amendment”) that reserved one third of all seats in every local council for women, the remainder was open to both men and women alike. The constitutionality of the electoral quota was challenged by a man whose candidacy for local government was rejected on the single ground that the electoral division at issue was reserved for women. The appellant argued that these measures are unconstitutional since women’s participation in local governments could have been achieved without debarring men from the same. The Court of Appeal upheld the judgment of the court a quo, dismissed the appeal and held that the Amendment was not unconstitutional, among others, since the impugned measures were carefully designed to achieve its objective, they were rationally connected to the objective and impaired the appellant’s rights in question as little as possible.