Ÿ
at the High Court in Harare challenging the withholding of ‘O’ level results by Murehwa High
School. A consent paper was entered and the minor obtained his results. On 24 December
ZHLR obtained an order in which Justice Mathonsi in the Bulawayo High Court declared the
practice by some school authorities of withholding examination results for students to induce
payment of outstanding school fees to be unlawful and unconstitutional, infringing on sections
75 and 81 of the Constitution. The authorities at Ihlathi High School in Bulawayo had refused
to release Ordinary Level examination results of a student over $412.50 arrear school fees.
Justice Mathonsi also referred the matter to the Constitutional Court.26
Ÿ
A Rushinga Magistrate sentenced a 24-year-old man on 19 November to 175 hours of
community service after he was convicted for having sexual intercourse with a 15-year-old
minor in contravention of section 70 of the Criminal Code. During mitigation, it emerged that
the convict had paid lobola to the girl’s parents, who had surrendered the girl to him. The
parents of the young girl were then charged for pledging a young girl in marriage in
contravention of section 94 of the Criminal Code.
Ÿ
In Marange a 15-year-old girl was married off and sent to her “husband’s” residence. The girl
was removed from the residence and she was placed in safety. The girl was then four (4)
months pregnant.
Ÿ
In April the Kadoma Magistrates Court dealt with a case in which a 12-year-old girl was forcibly
taken as a wife by a notorious informal mine operator in Kadoma, who was also the employer
of the child's parents. The child was placed in a place of safety. The parents of the child
however disappeared in mysterious circumstances. The perpetrator then hired a third party to
apply for custody of the child, in an application that involved manipulation of the child’s birth
certificate. The case was successfully defended by Department of Social Welfare and JCT.
Ÿ
In June, two newly born babies were burnt to death at Harare Hospital due to suspected
medical negligence. The children were burnt to death in an incubator as they were being
treated for jaundice.
Ÿ
In Bindura summons were issued against the Ministry of Home Affairs and the police after a
15-year-old child was unlawfully arrested and detained overnight in police cells.
Ÿ
In Harare, a daily newspaper was sued for publishing the name of minor involved in criminal
proceedings in violation of the law. The minor was a complainant in a child-trafficking case
before the criminal court. The editor and writer were also tried in the criminal court at Mbare
Magistrates Court.
Ÿ
A parent at Gateway Primary School in Harare took the school to court to interdict the school
from expelling his child. The school wanted to expel the child following the father’s attempts
to hold the school leadership to account over alleged mismanagement.
Ÿ
A parent at Marlborough High School approached the High Court to compel the school and
the Ministry of Primary and Secondary Education to take action and compel the school to take
action against a teacher who had been harassing her child.
26. See Children and re-writing O-level English paper. https://www.chronicle.co.zw/release-results-withholding-of-results-over-feesunconstitutional/?fbclid=lwAR3jilK1eyzHs-K8xCUDSwlYJiGiNWWmKzv1lKzv1lKs0XuNQH09K0CuKUCIZrkU
37
STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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