Children in conflict with the law in Zimbabwe continue to be processed through the general criminal justice system as a three-year delay in signing the Child Justice Bill persists, raising urgent concerns over constitutional compliance and child protection. First tabled in Parliament in 2021 and passed in 2023, the Bill remains unsigned. It was designed to establish a separate, child-friendly justice system in line with Section 81 of the Constitution and Zimbabwe’s international obligations.
In the absence of this specific legislation, children are still processed under general criminal laws that often prioritize retribution over rehabilitation. Speaking onThis Morning on Asakhe, an X-Spaces programme hosted by CITE, Sharon Chava, a human rights lawyer with the Legal Resources Foundation, explained that the proposed law prioritizes “diversion”, a process that channels children away from formal criminal proceedings toward age-appropriate interventions. “The Bill introduces diversion options to ensure children are removed from the formal system at every stage where appropriate,” Chava said.
“Currently, we see inconsistent application of principles. There should be standard measures, such as child-sensitive language, because children react differently to situations adults consider normal. A formal court environment can instill deep fear in a child.” Chava further highlighted the uneven application of protective measures, noting that while some magistrates clear the public gallery for juvenile cases, others do not unless specifically requested by a lawyer.
[paywall]
“If a child is accused of theft, they are referred to a general court dealing with theft, rather than a specialized courtroom equipped to handle children. This is a significant gap,” Chava added. She warned that without specialised “child-friendly” mechanisms, similar to the Victim-Friendly Courts used for abuse cases, a child’s constitutional rights depend entirely on whether their magistrate is knowledgeable or their lawyer is exceptionally vocal.
Advocate Pamela Musimwa of the Justice for Children Trust described the Bill as a progressive step that challenges societal prejudices. “Society often has a harsh attitude toward these children,” Musimwa said. “We forget that childhood mischief is part of growing up.
Many of these offenses are committed due to a lack of understanding or maturity. This Bill is about giving children a second chance.” Musimwa noted that most children she represents express deep regret years later, once they have the maturity to appreciate the consequences of their actions, an appreciation they lacked at the time of the offence. Perhaps the most critical change the Bill introduces is the age of criminal responsibility.
Under current Zimbabwean law, children as young as seven can be held criminally liable. “Currently, children as young as 10 can be prosecuted with the authority of the Prosecutor General,” Musimwa explained, citing a tragic case where a kindergarten-aged child accidentally killed a peer while playing. “In talking to that child, you realize they cannot even grasp the consequences of their act. To have a criminal offense, there must be an appreciation that the act is wrong.”
[/paywall]
