(1) “The Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct
inconsistent with it is invalid to the extent of the inconsistency.
(2) The obligations imposed by this Constitution are binding on every person, natural or juristic,
including the State and all executive, legislative and judicial institutions and agencies of the
government at every level, and must be fulfilled by them.”
JCT recognizes the supremacy of the Constitution and this policy abides by the principles and rights
provided for in the Constitution.
1.3.2. Subsidiary laws and policies
Supporting the Constitution are various pieces of legislation which provide for the protection of children
from all forms of abuse. These include the Children’s Act (Chapter 5:06), the Criminal Law (Codification
and Reform) Act (Chapter 9:13) and the Criminal procedure and Evidence Act (Chapter 9:07) which
provides for the protection of vulnerable witnesses during trial and establishes the Victim Friendly Court.
Zimbabwe has also enacted policies which also protect children. One notable policy is the Protocol on the
Multi-Sectoral Management of Sexual Abuse and Violence in Zimbabwe by the Judicial Services
Commission in 2012. The Protocol promotes a coordinated and integrated approach to sexual abuse and
violence. It also outlines the principles that guide responses to sexual violence and abuse and setting out
the roles and responsibilities of children, adults, professionals, communities and organisations involved.
Other policies are the Orphan Care Policy and the National Action Plan for Orphans and Vulnerable
Children (Phases 1 & 2).
1.4 Definition of terms
In line with the UNCRC, ACRWC and the Constitution of Zimbabwe, a child is anyone under the
age of 18 years.
Child abuse or maltreatment constitutes all forms of physical and/ or emotional ill-treatment,
sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in
actual or potential harm to the child’s health, survival, development or dignity in the context of a
relationship of responsibility, trust or power.1 The following types of abuse were taken from the
definition:
a. Physical abuse: is actual or potential physical harm to a child or failure to live up to the
responsibility to protect a child from physical injury.
b. Sexual abuse: is any sexually motivated touching of a child, whether actual or threatened,
including all forms of sexual activities and also includes activities that do not involve
physical contact, such as showing the child pornographic material.
1
World Health Organisation. “Report of the Consultation on Child Abuse Prevention”, Geneva 1999