Ÿ
model of Children’s Courts in the civil court system or the
Victim Friendly Court System could be adopted.
Ÿ
Magistrates should be adequately capacitated to deal with
children who come before them, so that there are no
inconsistencies in the way children are treated, tried and
sentenced by the court for the same charge and
substantially similar circumstances.
Ÿ
A comprehensive, one-stop piece of legislation with a
child justice framework must be developed as a concrete
reference point of juvenile justice. There is therefore need
for the Child Justice Bill to be enacted into law.
Ÿ
The government should ensure that the Legal Aid
Directorate provides legal assistance to children who are
caught up as offenders in times of conflict. Provisions of
legal aid services should not be left entirely to civil society
legal aid organisations. Although there is no special right to
legal representation at the state's expense when children
are brought before the courts to answer to criminal
charges, the State should consider the peculiarities of
times of conflict, the vulnerability of children, and the high
risk of children being unfairly treated and tried as adults if
they are not provided with legal aid.
Ÿ
The government must consider compulsory legal aid for
unrepresented children in conflict with the law, and this
may be incorporated in the Child Justice Bill.
Ÿ
The police and courts must observe restrictions regarding
pre-trial detention in terms of the law.
Ÿ
Procedures of informing parents and guardians and the
Department of Social Welfare upon arrest of a minor must
be followed and enforced. This would ensure that
children are accorded the rights they are entitled to upon
arrest.
Ÿ
Probation Officer’s reports must
be furnished, and timely, in all
cases involving children as
accused before the criminal
court. This legal requirement
must be strictly enforced.
Ÿ
Children should not be placed in
Maximum Security prisons,
whether for pre- or post-trial
detention. When incarcerated,
children should not be mixed
with adults as this exposes
children to further abuses.
Separate facilities for children
should be reserved as required
by the law.
Ÿ
Until the underlying political and
economic issues are resolved,
Zimbabwe might continue to
face unrest and civil action in the
future. The recurrence of unrests
remains real. As much as
possible, government and
citizens should work towards
preventing conflict, violent
protests and criminal activity that
would result in children being
caught up in the mayhem.
34 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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