5. CUSTODY
The best interests of the child principle is being applied though its application varies with the
circumstances of each case. Factors considered are age of the child, sex, circumstances of the
parties and the environment the child will be living among other factors. Wealth is not
considered when decisions on custody are being made.
Children’s views were consulted but respondents were cynical about this since they indicated
that children tend to favour the person whom they are currently staying with and children can
be persuaded by small things. Respondents felt that children aged 10 years and above are
somewhat reasonable to give objective evidence. No Probation officers` reports in children’s
cases are being produced.
6. INHERITANCE
People are still solving inheritance matters at family level. The court is involved when there
is a dispute. Most respondents did not favour the principle of the surviving spouse inheriting
the property in his or her personal capacity and leaving out children. The Harare courts are
now adopting a principle to have the surviving spouse and children have 50-50 share of the
immovable property.
The Deceased Person Family Maintenance Act is rarely used at the courts. The public and
even some stakeholders in the justice delivery system do not know this law.
7. VICTIM FRIENDLY INITIATIVE
It is coordinated by Ministry of Gender and Women Affairs which focuses mainly on gender
based violence. This is the most recognised initiative though it is being affected by the
resources challenge. It is mainly being used for child victims. The equipment is not
functioning properly. Witness expenses for victims are not available and witnesses are
spending the day at court with little or no food. There is no follow up mechanisms for
children assisted at the One Stop Centre after the first treatment. They do not pay when they
come with a police officer but when they come for the second check up, they should pay.
- No safe houses for abused children.
- No post trial support.
- Shortage of human resources for the initiative
9