1 Introduction 1.1. BACKGROUND In 2013, Zimbabwe adopted the Constitution of Zimbabwe Amendment (No. 20) Act 2013 which unlike its predecessor, provides for the rights of children, including the rights of children in conflict with the law. However, more than 3 years after the adoption of the Constitution, some subsidiary laws are yet to be aligned to the Constitution. This has resulted in the continuous use of the laws before the Constitution by stakeholders within the justice system in utter disregard of the provisions of the Constitution and, in some cases, in complete violation of the children’s Constitutional rights. The past five years have seen the worsening of the socio-economic environment in Zimbabwe with unemployment levels rising and more families pushed below the poverty datum line. Unemployment has reached unprecedented levels in Zimbabwe following the Supreme Court ruling1 on termination of employment which saw many people losing their jobs without notice and benefits and plunging families further into poverty. Some parents have left Zimbabwe for neighbouring and overseas countries in search for greener pastures; with some children have been orphaned due to the HIV/AIDS pandemic. This has resulted in children being left either with negligent relatives or by themselves thereby increasing children’s vulnerability as some are forced to steal as a means of survival whilst others are engaging in crime, drug and substance abuse due to lack of guidance and support. Research has shown that “juvenile offenders often have multiple problems and difficulties which need to be addressed, such as disruptive or abusive family life, a background of institutionalization and inadequate support structures, addictions, illiteracy and interrupted education, and poverty.”2 In addition to the Constitution and other subsidiary laws which protect the rights of children, Zimbabwe has ratified both the United Nations Convention on the Rights of the Child (CRC)3 and the African Charter on the Rights and Welfare of the Child (ACRWC).4These provide for the manner in which children in conflict with the law must be handled. However, despite these laws being in place, in practice these are not being fully implemented. 1 Nyamande & Anor v Zuva Petroleum (Private) Limited SC 43/15 Penal Reform International “Making Law and Policy that Work: A Handbook for Law and Policy Makers on Reforming Criminal Justice and Penal Legislation, Policy and Practice” London 2010 p60 3 UnitedNations Convention on the Rights of the Child U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990 4 African Charter on the Rights and Welfare of the Child OAU Doc. CAB/LEG/24.9/49 (1990) 2 6