CHAPTER 6 ROLE OF THE DEPARTMENT OF SOCIAL WELFARE “Where a juvenile commits an offence the procedural safeguard of roping in the assistance of those with the requisite expertise in dealing with juveniles in order for the court to make an informed decision is one that should be taken seriously by both the probation officer and the magistrate.” Tsanga J in S v FM (A Juvenile) HH 112-15 Ÿ Ÿ Ÿ Ÿ Ÿ The police, particularly in Harare and Chitungwiza, did not engage the Department of Social Welfare, despite also not informing parents and guardians of the arrest of their children. Many children who were tried in the aftermath of the January protests were tried without probation officers’ reports. Cases of 9 children charged with looting were postponed by a month at Tredgold Magistrates Court in Bulawayo to allow for Probation Officer’s reports to be furnished to court. Only one child who appeared at Western Commonage in Bulawayo on 16 January 2019 was referred to a Children’s Institution, awaiting bail ruling by the court. No psychosocial support was given to children arrested during the January 2019 protests, and there were no follow ups conducted to ascertain the reformation of those convicted and sentenced. The Department of Social Welfare (DSW) under the Ministry of Public Service, Labour and Social Welfare, has a critical role to play in cases of children in conflict with the law. The department houses probation officers and government social workers who work with the courts in dealing with children in conflict with the law. The Children's Act [Chapter 5:06] lays out the functions of a Probation Officer. The Department runs Children's Centres, formally referred to as Training Institutes and Reformatory Institutions. These house children whether pre- or post-trial, and also provides for safe spaces for children. 30 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests

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