CHAPTER 6
ROLE OF THE DEPARTMENT OF SOCIAL WELFARE
“Where a juvenile commits an offence the
procedural safeguard of roping in the assistance of
those with the requisite expertise in dealing with
juveniles in order for the court to make an informed
decision is one that should be taken seriously by
both the probation officer and the magistrate.”
Tsanga J in S v FM (A Juvenile) HH 112-15
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The police, particularly in Harare and Chitungwiza,
did not engage the Department of Social Welfare,
despite also not informing parents and guardians of
the arrest of their children.
Many children who were tried in the aftermath of
the January protests were tried without probation
officers’ reports.
Cases of 9 children charged with looting were
postponed by a month at Tredgold Magistrates Court
in Bulawayo to allow for Probation Officer’s reports
to be furnished to court.
Only one child who appeared at Western
Commonage in Bulawayo on 16 January 2019 was
referred to a Children’s Institution, awaiting bail
ruling by the court.
No psychosocial support was given to children
arrested during the January 2019 protests, and there
were no follow ups conducted to ascertain the
reformation of those convicted and sentenced.
The Department of Social Welfare (DSW) under the Ministry of Public Service, Labour and Social
Welfare, has a critical role to play in cases of children in conflict with the law. The department houses
probation officers and government social workers who work with the courts in dealing with children in
conflict with the law. The Children's Act [Chapter 5:06] lays out the functions of a Probation Officer.
The Department runs Children's Centres, formally referred to as Training Institutes and Reformatory
Institutions. These house children whether pre- or post-trial, and also provides for safe spaces for
children.
30 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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