The Act prohibits the publication of the name, address, school, place of occupation or any information that is
likely to reveal the identity of any person under the age of 18 years who is being tried or has been tried in
court except with the consent of a Magistrate, Judge or Minister. That consent can be given where it is
considered just and equitable and in the public interest to have such publication.73 This protects the right to
privacy of juveniles in contact with the law. The challenge is that of non implementation of this legal
provision as reflected in the media where publications of details which reveal the identity of juveniles in
contact with the law is common. The Constitution of Zimbabwe74 generally provides that court hearing
shall be held in public. Parliament of Zimbabwe has elaborated on the constitutional provisions through the
Courts and Adjudicating Authorities (Publicity Restriction) Act75 which allows the Court when it considers
it necessary or expedient to do so to make the following orders, either on its own initiative or on the
application of a party to the proceedings:
That all persons shall be excluded from the proceedings provided that
I.
the parties and their legal representatives shall be allowed to be present or
ii.
any person may be present when the decision of the court is made;
that the name, address or other information likely to reveal the identity of any person
concerned or mentioned in the proceeding shall not be publicly disclosed;
that information revealing or likely to reveal any place or locality concerned or mentioned in the
proceedings shall not be publicly disclosed; and
that the whole or any specified part of the proceeding shall not be publicly disclosed.
Such orders may be made where the court considers it necessary or expedient to do so in the interests of the
welfare of persons under the age of eighteen years.76
The CPEA further provides for special provisions relating to the punishment of juveniles from Sections 351
to 353. Section 351 of the CPEA provides for the manner of dealing with juveniles. The section provides
that a court which has convicted a person under the age of 19 years may, instead of imposing punishment or
imprisonment for that offence, order that the juvenile be taken before a Children's Court and be dealt with in
terms of the Children's Act77 or, after ascertaining with the Minster responsible for social welfare that
accommodation is available, that the child be placed in a training institute or reform school. A child placed
in an institution or reform school shall remain there until after 3 years has lapsed from the date of the order,
or he is released or discharged from the order in terms of the Children's Act.78 This section is important in
promoting alternative measures to imprisonment which are aimed at the rehabilitation and reintegration of
the child. The advantage of referring a convicted juvenile to the Children's Court is that “the conviction shall
not, for the purposes of any enactment, be regarded as a conviction.” 79 This is however rarely used. Cases
handled by JCT showed that some are not even aware of the provisions let alone procedure to be followed in
referring cases to the Children's Court. This then results in children being sentenced harshly.
Section 353(1) of the CPEA provides for corporal punishment of male juvenile offenders under the age of
18 years.80 The section goes on to provide for how that punishment should be administered. The punishment
should be moderate and the strokes should not exceed 6. A medical practitioner should examine the child
first and certifies if he is fit to have the corporal punishment. If not, the child is sent back to the magistrate
who will decide on another option. The medical practitioner assessing the juvenile should prescribe the
73
Section 195 of the CPEA
Section 18(10)(11) and (12) of the Constitution of Zimbabwe
75
Courts and Adjudicating Authorities (Publicity Restriction) Act Chapter 7:04
76
Section 3 of the Courts and the Adjudication Authorities (Publicity Restriction) Act
77
Children’s Act Chapter 5:06
78
Section 352(2) of the CPEA
79
Section 351(7) of the CPEA
80
See also Section 336(1)(e) of the CPEA which allows a court to impose corporal punishment upon a convicted male
person below the age of 18 years.
74
18
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