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
on This
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.
“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.”
The
Child
Justice
Bill
seeks
to
remedy
this
by
raising
the
minimum
age
of
criminal
responsibility
to
12
years,
ensuring
the
law
recognises
the
developmental
realities
of
childhood.