and the necessary infrastructure to ensure that children rece1ve the protection that they are entitled to in terms of Section 28 of the South African Constitution which is exactly word for word with Section 81 of the Zimbabwean Constitution. In other words a positive obligation exists on the State to protect children. That obligation is in the Constitution itself. 69. The best interest prov1s1on 1s indeed an international concept protected by several instruments. 70. For starters the Hague Convention on the Civil Aspects of International Child Abduction 1990 protects the child's best interest by ensuring the custody and disputes are adjudicated by the Court of the child's habitual residence. 71. Equally, Article 3 of the Children's Convention reads as follows:, "1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shaH be a primary consideration. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her wel~ being, taking into account the rights and duties of his part or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take an appropriate legislative and administrative measures. 3. States Parties shan ensure that the institutions, services and facilities responsible for the care or protection of children shan conform with the Page 25 of46 Applicant's Heads of Argument in the matter between: Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others Case Number CCZ 79/2014 Prepared by Tendai Biti Law