pass sentence without a probation officer’s report.56
In addition, the Probation Officer also has a duty to counsel,
supervise and control any juvenile placed under their
supervision, what is referred to as probationary supervision.
However, no children were placed on probationary
supervision.
6.3
Children’s Institutions
(Reformatory institutions)
The Department of Social Welfare operates Children’s
Institutions, formerly referred to as Reformatory Institutions.
A total of six (6) Children’s Institutions are operational across
the country. These are as follows:
Ÿ North Court, Harare,
Ÿ Kadoma Training Institute, Kadoma,
Ÿ Blue Hills Probation Hostel, Gweru,
Ÿ Luveve Training Institution for Girls, Bulawayo,
Ÿ Percy Ibbotson Probation Hostel, Bulawayo, and
Ÿ Mutare Probation Hostel, Mutare
During the period under review, there were no children that
were taken to Children’s Institutions post-trial. Convicted
children were not placed at Children’s Institutions as the
courts opted to give suspended sentences, community
service orders and sentences of corporal punishment. Only
one child was recorded to have been placed at a Children’s
Institution pre-trial. The child appeared at Western
Commonage Court in Bulawayo on
16 January 2019, having been
arrested for carrying 4kgs of sugar,
two bottles of cooking oil and two
loaves of bread after breaking into
Marisha Supermarket in Old
Magwegwe, Bulawayo. The
juvenile was referred to the Percy
Ibboston Home, awaiting bail ruling
by the court.
6.4 Psycho-Social
Support and follow ups
No psychosocial support was
provided to children arrested during
the January 2018 protests, and no
children were placed on
probationary supervision. Similarly,
there were no follow-ups
conducted by the DSW to check on
the children’s reformation and
rehabilitation. Entities such as
Childline however provided
counselling to some children who
were generally affected by the
January 2019 violence, but this was
not targeted at those arrested and
convicted.
56. In S v Masara HMA 18-17 per Mawadze J, the High Court in a review judgment held that:
“The mere absence of a Probation Officer’s report per ser does not constitute a misdirection or miscarriage of justice.” The court has
remarked earlier that “Judicial notice should be taken of the fact that there are real constraints faced by the courts in obtaining such
reports leading to inordinate delays in finalising criminal cases. Where appropriate this can be solved by being resourceful and proactive
as was done by the learned Senior Regional Magistrate. The bottom line is whether the trial court has carried out a meaningful presentence inquiry to equip itself with sufficient information to properly sentence the accused without committing an injustice”.
32 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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