At the sitting of the Children's Court, no person shall be present unless he is an officer of the court, parent or guardian of the child, legal practitioner, a person permitted by the court or a person in charge of a home or institution in which the child is residing.92 This guarantees the right to privacy of the child. The Act details the manner in which juveniles referred to the Children's Court by a criminal court which has convicted them are dealt in the Children's Court. The Children's Court will hold an inquiry in the presence or absence of the child and “shall, wherever it is possible and appropriate to do so, seek the opinion of the [juvenile].”93 It is necessary to promote the right to participation of every juvenile in cases affecting them. There are various orders which the Children's Court can opt for after holding the inquiry. The Court can;  Upon being satisfied that a certified institution will accept the juvenile, order that the juvenile shall be placed in a named certified institution;  Order that the juvenile shall be placed in, returned to or remain for foster care in the custody of any named suitable person;  Order that the juvenile be placed in, returned to or remain in the custody of his parent or guardian;  Order that the juvenile shall reside in a place determined by the court;  Order that the juvenile shall render service for the benefit of the community; or  Upon being satisfied that a training institute will accept the juvenile, order that the juvenile be placed in a named training institute.94 Where a child is placed in the custody of a parent or guardian, foster care of any named suitable person or where the child resides in a named place the court may also order the child to be under the supervision of a probation officer for a period not exceeding 3 years. 95 These provisions, could work towards the rehabilitation and reintegration of juveniles for they seek to avoid the imprisonment of children. The major challenge is that these provisions are not being implemented. The number of institutions in Zimbabwe which can accommodate juveniles is limited and there are under resourced. Officials in the juvenile justice indicated that there is no clear policy on how juveniles are supposed to be treated while in these institutions. Children who acquire any qualification in these institutions suffer from discrimination as they are treated as ex-convicts rather than rehabilitated members of the society. 3.6. PRISON ACT The Prison Act defines a young prisoner as a person under the “apparent age of nineteen years.”96 This definition could assist all juveniles below the age of 18 years. The challenge is however the use of the word apparent particularly in view of the fact that many juveniles may not have a birth certificate with them to prove their age. The prison officers could then just adjudge these to be above the age of nineteen especially where they are involved in serious crimes. Section 63 of the Act provides that in so far as the prison accommodation renders it practicable, young prisoners shall be kept apart from other prisoners. The challenge is that in many prisons there are no separate juvenile sections hence juveniles are kept together with other prisoners. The prisons are also congested because of, inter alia, the number of people awaiting trial and the amount of time that is taken to have criminal cases completed. This poses a danger to juveniles who are hardened by adult offenders. “A hostile and punitive juvenile justice system increases recidivism rates among young people, while a system focused on education and social reintegration can reduce them.”97 92 Section 5(6) of the Children’s Act Section 19(2) of the Children’s Act 94 Section 20(1)(b) of the Children’s Act 95 Section 20(2) of the Children’s Act 96 Section 2 of the Prison Act Chapter 7:11 97 Penal Reform International op cit p60 93 21