Chronicle Editor
Thandeka Moyo-Ndlovu, Senior Health Reporter
THERE is a need to harmonise policies that deal with sexual and gender-based violence against children to enhance their relevance and ensure that they cater for both as previously only girls were regarded as victims. This emerged during a two-day stakeholder consultative meeting in Bulawayo last Thursday, which sought to align and reform the Criminal Law (Codification & Reform) Act in relation to the age of consent.
Justice Legal and Parliamentary Affairs Ministry’s acting director of policy and legal research, Mr Charles Manhiri said following judgement from the Constitutional Court, engagements with stakeholders would help the ministry craft relevant laws that can be applicable.
On May 24 the Constitutional Court declared that provisions of the Criminal Law Code governing the age at which children can consent to sexual intercourse were unconstitutional. The court was delivering its judgment in the case of Kawenda Minister of Justice, Legal and Parliamentary Affairs and Others.
“We are doing this key consultation with stakeholders to inform the law around age of consent following the Judgement, which was made by the Constitutional Court in May. “What people should understand is that we are not raising the age to 18, no, it’s already at 18 after the ConCourt nullified some provisions of the Law which are not constitutional,” he said.
“The Constitution defines children as anyone aged below 18 and the age of consent law did not cater for other children who are over 16 but under 18. This meant some sexual predators could pounce on children without prosecution hence these engagements we are having as we were given 12 months to amend the law.”
Mr Manhiri said although the judgement had set the age of consent at 18, there were other issues that needed noting before the law can be amended according to the Constitution.
Mr Victor Nkiwane, the Dean of Herbert Chitepo Law School at Great Zimbabwe University said the workshop was crucial in addressing contentious issues around the age of consent. “The ConCourt ruled that the law be amended so that it protects children below 18 but above 16 from sexual exploitation,” he said.
“The main question then becomes how will we handle under 18 children who engage in consensual sex but the reality on the ground is children have early sexual debuts.
“Do we criminalise and let them be arrested and be convicted with criminal records fort having sex because that is the reality on the ground. So far evidence shows that it’s only boys who are prosecuted under the law but if we take 15-year-olds who engage in sex both can be charged, not just the boy.”
Mr Nkiwane said the law was intended at protecting children from sexual predators and there was a need to be careful and ensure the same law does not punish children. He urged teachers and parents to take an active role in guiding children on sex issues. “Parents need to be involved in the lives of their children and show them the dangers of having sex as that jeopardises their development and health,” he said.
Ms Sharon Moffat from Legal Resources Foundation said the engagements should help the ministry come up with best practices and an approach that will ensure every child is protected from sexual exploitation.
“We need concrete ideas and make relevant recommendations to Parliament bearing in mind that Zimbabwe is signatory to various conventions,” she said. – @thamamoe
Blessing Chizhande
Online Reporter