CHAPTER 7
CONCLUSION AND RECOMMENDATIONS
“In serving the best interests of children,
we serve the best interests of all humanity.”
Carol Bellamy
During and after the January 2019 protests, children became
collateral victims. It is evident that arrests and trials in the
aftermath of the January 2019 protests were an affront to the
rule of law and to notions of justice. This was generally across
the board. Children being a vulnerable group, had their rights
trampled even the more. The specific protections afforded to
children, such as protection from indiscriminate pre-trial
detention, and the need for Probation Officers’ reports, were
violated. Due process was truncated, and prosecutors unduly
opposed applications for separation of trials and release on
children without bail.
Children’s rights were sacrificed at the altar of politically
motivated arrests and trials. What is clear is that
notwithstanding the legal protections accorded to children
who interfaced with the criminal justice system, children
were bundled together with adults in the way in which they
were treated by the system. The only significant difference in
treatment was that children were released on free bail and
were not given effective imprisonment terms upon
conviction.
Yet the need to safeguard and protect children in the criminal
justice system is even more pronounced in times of crisis.
Against this background, it is recommended as follows:
Ÿ The justice system must have specific systems and
procedures to follow in dealing with children arrested in
time of conflict and mass arrests. Children should not
become invisible in the multitudes of arrestees. The
juvenile justice system must remain intact even in times of
crisis.
Ÿ
Childhood and youthfulness on the accused must not be
diminished on account of a context of conflict. If anything,
constitutional and statutory protections are most needed
during times of conflict. The Judicial Service Commission
(JSC), National Prosecuting Authority (NPA), Zimbabwe
Ÿ
Republic Police (ZRP) and every
role player in the justice delivery
system must be activated to
protect the best interests of
children.
Ÿ
There is need to have specialist
courts dealing with children’s
cases in the criminal courts.
These courts will have specialist
magistrates and prosecutors,
who understand child justice
processes and systems. A similar
33 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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