Chronicle Editor
Mkhululi Ncube ,Sunday News Reporter
THE two Nkayi pupils who allegedly killed their 15-year-old friend over a boyfriend have appeared in court and released into the custody of their parents.
The two girls who are aged 14 and 16 years and cannot be named as they are minors stabbed their friend during an alleged fight over a boyfriend late last month although this has been disputed by their parents. The incident happened as the pupils were returning home from Thokozani Secondary School, Nkayi, Matabeleland North province in the afternoon.
The late pupil was buried recently at her family homestead and the two girls are reported to have been moved to Bulawayo.
National police spokesperson Assistant Commissioner Paul Nyathi said the accused have since appeared at the Hwange Magistrates Court facing a murder charge.
“There are some processes that need to be followed which include the report by the probation officer, the issue of their age estimates and above all finding what happened besides what people are saying generally.
The outcome of this will help the court to determine if they will stand trial or not,” said Asst Comm Nyathi. Meanwhile, legal experts say the two accused can be criminally charged for the offence although such cases are handled under special circumstances in the justice delivery system.
Justice for Children programmes officer Ms Tafadzwa Mutsambiwa says anyone from the age of 14 and above can be criminally liable for the offence they would have committed.
“The criminal law code says children below the age of seven years cannot be held accountable, from 7-14 years it is a rebuttable presumption that they cannot commit an offence.
So, someone who is 12 to13 if the probation officer can prove what they were doing they can be charged. But once someone is above 14 years, they can be criminally liable although the manner they would be handled is different compared to an adult. The outcome cannot be the same as for an adult.
She said if such children have legal representation, they could also be released into the custody of their lawyer.
The lawyer said such children also need psycho-social support to assist them deal with the situation so that they are rehabilitated instead of being punished.
“There is an upsurge in those type of cases involving children countrywide. In the past we used to deal with petty offences like theft. This might be due to various issues like societal change and the advent of social media which exposes the vulnerability of children especially the girl child.
“If they were fighting over a boy, it might be due to their immaturity, they failed to solve their issues amicable,” said Ms Mutsambiwa.
She urged parents and guardians to spend more time with children and educate them on how to deal with relationships and other issues they face in life.
A counsellor with Contact Family Centre, an organisation which provides counseling services to families and children in difficult situations Mr Thabi Ndlovu said the level of violence exhibited by the two was extreme which could be a sign of underlying factors.
“Such cases are not very common especially exhibiting such levels of violence. There could be some underlying issues.
Their environment could have influenced them to pick up the violent tendencies. You would have expected them to just beat her but to then use a knife, the child will be needing intense counseling,” he said
Mr Ndlovu said it was important for children especially the girl child to get support and empowerment as behaviour exhibited by children outside was usually a reflection of what is happening at home.
Bongani Ndlovu
Online Reporter