dyton mupawaenda
Zvamaida Murwira-Senior Reporter
CHILD rights lobbyists, lawyers and social workers have commended the Government for coming up with a Bill that enhances rights of children through raising an age threshold within which one can make a valid sexual consent as part of efforts to protect minors from exploitation.
Last Tuesday, Cabinet approved principles to the Criminal Law (Codification and Reform) Amendment Bill that will criminalise sexual activity with a child below the age of 18 as the Government seeks to harmonise laws relating to the age of sexual consent.
While the Constitution defines children as those below the age of 18, the Criminal Law (Codification and Reform) Act defines a young person as one who is below 16, thereby creating a gap in the law which would possibly expose children above 16 to sexual exploitation.
In an interview, Harare lawyer and University of Zimbabwe law lecturer, Dr Rodgers Matsikidze, said the proposed Bill was comprehensive.
“Indeed the Bill is a comprehensive piece of legislation that seeks to close gaps in the existing body of law, as well as align to the Constitution of Zimbabwe. There are many progressive provisions that speak to international norms and values around child welfare and protection,” he said.
Kwekwe-based lawyer, Mr Valentine Mutatu, said the legal provisions that Government brought up were progressive.
He commended the Government for proposing to remove discretional powers of a social worker in recommending the prosecution of one of the minors where the minors consent to sexual activity and fall within the recognised age gap.
The amendment proposes that the discretion should lie with the Prosecutor-General who has the power to decline prosecution in criminal cases.
In most countries prosecution over sexual activity below the age of consent makes distinctions between two teenagers close in age and background, where prosecution can be limited, and a mature adult with authority over a teenager, where prosecution is normally pressed and jail terms sought.
“The provisions of the Bill are progressive in my view. The removal of the social worker in the prosecution of minors is commendable. This ensures that the Prosecutor General who is qualified on legal matters makes the final decision. It was a misnomer to vest that key role outside of the PG. In addition to the above, the changes will ensure that minors and adolescents are not necessarily prosecuted for doing what children of that age ordinarily do,” said Mr Mutatu.
A social worker and child rights expert, Mr Maxim Murungweni, said the amendments will plug all loopholes that had been there in asserting children’s rights.
“As the child rights sector, this is a progressive move by our government as it seeks to plug all loopholes in the laws and make sure that all the laws meant to protect children are in line with our progressive Constitution as well as regional, international normative frameworks such as the African Charter on the Rights and welfare of the child and United Nations Convention on the Rights of the child,” said Mr Murungweni.
“The Government has shown commitment towards eliminating all forms of child abuse including child marriages and putting the best interest of children first.”
Zimbabwe Association of Family Therapists and Professional Counsellors, Ms Shupikai Zebron, commended the Government for showing political will in advancing the rights of children.
“It is prudent that children below 18 years of age cannot consent to any sexual activity. What we need is the political will to implement the law when the Bill is passed. It should be applied without fear or favour despite one’s standing in society,” said Ms Zebron.
She also expressed concern about some religious sects that were marrying off children. Legally no one can approve or assist anyone under the age of 18 to marry, but this is not always applied and there are reports that the practice is far more widespread than many assume since many such marriages are done in secret as unregistered customary unions.
Speaking after the Cabinet meeting last Tuesday, Information, Publicity and Broadcasting Services Minister, Dr Jenfan Muswere, said the Bill, which was presented by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, seeks to address the rights of children as enunciated by the Constitution.
He said Section 81 of the Constitution of Zimbabwe addresses the unique needs and the best interests of children in addition to rights and freedoms afforded to all citizens in the Bill of Rights by defining a child as every boy or girl under the age of 18 and further provides for freedom and protection of children from all forms of sexual exploitation.
Section 61 of the Criminal Law Codification Reform Act, under Part 111 of Chapter V (Sexual Crimes and Crimes Against Morality) defines a young person as a boy or girl under the age of 16.
Dr Muswere said the implications of Section 61 of the Criminal Law (Codification Reform) Act are that it creates a category of children, those between 16 and 18 years of age, in relation to sexual offences who do not enjoy the same protection as afforded to all children as intended by Section 81 of the Constitution that defines every boy or girl below the age of 18 as a child.
He said the proposed Bill will incorporate the constitutional definitions of a child and provisions on marriage.
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