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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