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THE Constitutional Court on Wednesday made a landmark judgment when it outlawed the arrest of women on charges of soliciting for paid sex in the absence of men confirming they were offered the services for a fee.Granting an application by nine women contesting their arrests, Deputy Chief Justice Luke Malaba, sitting with eight other judges of the Constitutional Court, declared the arrest and prosecution as unconstitutional.

The nine women were arrested on March 17 last year in the Avenues area in Harare by police during an operation code-named “No to Robberies and Prostitution.”

Innocent women have over the years fallen victims to such operations and the Wednesday ruling will ensure that only those women guilty of soliciting for paid sex are arrested.

It is very dehumanizing and degrading for say a married woman or a professional woman who is not involved in prostitution to be arrested on allegations of loitering for the purposes of prostitution.

There are numerous cases of women who have spent nights in cells after police wrongly accused them of loitering for the purposes of prostitution.

Zimbabwean women have for years been denied the right to move freely especially at night as they feared being mistaken for prostitutes.

The situation has been so bad to the extent that professional women were being forced to request the company of men to go out for a drink fearing arrest by the police.

Women like their male counterparts should enjoy the freedom to be at the place of their choice at anytime of the day.

The obtaining situation whereby women can only move at night in the company of men is not acceptable. Women should not be treated as second class citizens.

The Wednesday landmark ruling came just two days after Africa celebrated the 52nd Anniversary of the African Union, formerly the Organisation of African Unity.

President Mugabe, who is also the AU chairman, said in his statement to mark the day that while women had made tremendous achievements, sadly they remained unsung heroines.

He said the AU had taken a great leap in gender equality, specifically on women empowerment and development out of the realisation that women the world over are the cornerstone of stability and social progress.

He urged African leaders to set benchmarks and put in place measures to ensure an irreversible roadmap towards the full empowerment of women.

The great leap in gender equality that the AU has taken since its formation can come to naught as long as women continue to be harassed and denied rights enjoyed by their male counterparts under the pretext of fighting prostitution.

Governments cannot afford to move a step forward and two steps backwards when it comes to women emancipation.

We want to commend the Constitutional Court for its landmark ruling but we want to categorically state that we do not condone prostitution.

Those who are caught red-handed soliciting for paid sex should continue to be arrested but police need to change their modus operandi to avoid arresting innocent women.