Local NGO Justice for Children (JC) recorded a
total of 51 children who were arraigned in the
Magistrates Court in Harare, Chitungwiza and
Bulawayo. This is despite the Chief Justice Luke
Malaba mentioning in a statement that 12
children were arraigned before the courts as at
30 January 2019. Most public violence cases
were recorded in Bulawayo and Harare and the
main courts that dealt with cases of public
violence involving children were as follows:
Ÿ Tredgold Magistrates Court, Bulawayo
Ÿ Western Commonage Magistrates Court,
Bulawayo
Ÿ Rotten Row Magistrates Court, Harare
Ÿ Mbare Magistrates Court, Harare and
Ÿ Chitungwiza Magistrates Court, Harare
4.2
The Victim Friendly System
There is in place a national Victim Friendly
System which is composed of the Victim Friendly
Unit within the ZRP, and the Victim Friendly
Courts within the court system. The system is
meant to provide victim-friendly services to
those who seek justice through the court system,
primarily in sexual offenses and domestic
violence. However, this system protects
complainants, which are designated as the
victims or survivors, as opposed to accused
persons, even when the accused are children.
Children accused of criminal offences are
therefore not beneficiaries of the Victim Friendly
System. This is in spite of the fact that children
who commit criminal offences are themselves
victims of youthful influences, and victims of
whatever circumstances that would have led
them to commit the criminal offences. During
the January 2019 protest trials, no child accused
of public violence was taken through the Victim
Friendly system, including at police stations, for
the stated reasons.
4.3
PTD considered as an option. In Bulawayo one
case involving a 9-year-old was channelled for
diversion through the prosecutor and the
Department of Social Welfare. Authority to
Prosecute had not been obtained from the
Prosecutor-General. On 26 January 2019, three
children aged between 13 and 16 were diverted
at Western Commonage Court after lawyers
representing the children engaged the
prosecutors. Although prosecutors were initially
reluctant, they eventually relented. Due to the
fast-tracked justice, PTD was probably seen as a
non-viable system to achieve the objectives of
the day. The programme was thus thrown into
the periphery in the moment. For all intends and
purposes, the public violence trials appeared to
have been designed to achieve some goals which
the government had set, such as punishing
participants in the protests, and deterring future
demonstrations and protests through sending a
clear and audible message that the law would
descend on any one who dares participate in
violent demonstrations.
4.4
Legal Representation
Although the government’s Legal Aid
Directorate (LAD) has offices at all provincial
centres in the country, including in Bulawayo
and Harare where most children were
prosecuted for public violence, LAD did not
legally represent any child who was facing
charges of public violence during the period
under review. This might have been due to the
fact that LAD is a government body and events of
January 2019 were politicised.
The Pre-Trial Diversion (PTD)
programme
The PTD programme found little application
during the January 2019 arrests and trials. In
Harare and Chitungwiza all children arrested
during #ZimShutDown were either tried, or
cases were removed from remand, with the State
to proceed by way of summons should it decide
to prosecute the children. None of the cases had
23 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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