The locus classicus on sentencing of juveniles is
now S v Chokuramba, Justice for Children’s Trust
Intervening as Amicus Curiae Zimbabwe
Lawyers for Human Rights Intervening as Amicus
Curiae CCZ 10-19. The Constitutional Court
stated as follows:
offences and accept their responsibility. That
programme is, however, not supported by
legislation, and is implemented through a
Department in the Ministry of Justice, Legal and
Parliamentary Affairs. The objectives of the PreTrial Diversion Programme are:
“The kinds of punishment a court may
impose on a juvenile offender convicted
of a crime are set out in s 336 of the
[Criminal Procedure and Evidence] Act.
The section provides that a court may
impose on a person convicted of an
offence a sentence of imprisonment for a
determinate period, a fine, community
service, or recognizance with conditions.
The provisions of the CRC and other
relevant international instruments contain
the principles which a court is required to
consider and enforce in the assessment of
an appropriate sentence to be imposed
on a juvenile offender convicted of a
crime. The application of the principles
ensures that the sentence or disposition
order is appropriate in respect of its
proportionality to the circumstances of
the juvenile offender, the offence, and the
interests of society.”
a. To promote the dignity and well-being of the
child, the development of his or her sense of selfworth and the ability to contribute positively to
the society;
When dealing with children in conflict with the
law, courts are encouraged to prioritize
rehabilitation as opposed to retribution. It was
held in the case of S v Chokuramba, that “to
determine an appropriate sentence, the court has
to be innovative and preventative….” It is
therefore important to note that when it comes
to juvenile offenders, the traditional objectives of
criminal justice, that is, repression and
retribution, must give way to rehabilitation and
restorative justice objectives. Priority should be
given to respecting the rights of the child or
young person when determining the best
solution or response.
A mechanism to divert children’s cases from the
criminal justice system exist in the form of the
Pre-Trial Diversion programme introduced in
2009. It is aimed at children who commit minor
b. To impart useful life skills and education
thereby promoting the child’s right to
development;
c. Where appropriate, to encourage restoration,
restitution or compensation to the victim,
thereby bringing closure to both the victim and
the offender;
d. To ensure that the child understands the
impact of his or her crime on others including the
victim, the respective families and the
community;
e. To promote forgiveness of the child for the
crimes committed, reconcile the child with the
victim and the community and promote and
support rehabilitation and reintegration of the
child-offender back into the community;
f. To prevent further re-offending by the child
through equipping him or her with useful skills in
different areas of life; and
g. To prevent young offenders from receiving a
criminal record early in their lives and being
labelled as criminals as this may become a selffulfilling prophecy.
When dealing with children
in conflict with the law, courts
are encouraged to prioritize
rehabilitation as opposed
to retribution.
36. Page 54 of the judgment.
14 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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