6.
Conclusion
Zimbabwe's legal system, though containing many guarantees for children in contact with the law, still
needs to be reformed. The Constitution of Zimbabwe specifically provides for the rights of children in
contact with the law but is not aligned to various other acts of parliament. It also allows corporal punishment
which violates children's rights as recognized in terms of international human rights law. The Constitution
further provides that international conventions properly ratified by the government do not automatically
form part of the Zimbabwe's domestic law, a factor which has led to violation of the rights of juveniles.
Besides the Constitution, there are various laws which provides for juvenile justice and this tend to cause
confusion as to which law to apply. In some cases this makes it difficult for the officials in juvenile justice to
comprehend the law.
The major challenge confronting juvenile justice in Zimbabwe is however the non implementation of that
legal framework. This is due to reasons which include lack of capacity on the part of the juvenile justice
officials, lack of resources to implement the law and just the lack of political will to implement the law.
There are other challenges which inhibit juveniles from accessing justice such as the lack of birth certificates
and the breakdown of the family structure due to the HIV and AIDS pandemic.
The Constitution should specifically outlaw the use of corporal punishment and provides for a juvenile
justice system that is aimed at rehabilitation and reintegration of juveniles. The position of international law
should also be reviewed so that conventions which are properly ratified by the government can become
applicable in Zimbabwe without the need for Parliament to pass an Act.
The various legal provisions dealing with juvenile justice should be harmonized in one Act of Parliament so
that the law becomes easy to access and understand for officials in juvenile justice. Therefore efforts to enact
a Child Justice Act should be finalized. Other countries like South Africa have taken this approach and enact
comprehensive Acts which deal specifically with juvenile justice. This can avoid the confusion which is
sometimes caused by various Acts which provide for different positions on the same subject.
The law must also be reformed to allow for the diversion of juveniles in contact with the law from the time
of their arrest. The police, working with probation officers and the community, must be empowered to
dispose of cases of juveniles especially where they are accused of petty offences. The legislature should
consider decriminalizing certain types of behaviour among children such as minor infractions and status
offences and have these handled in a diversion system that can involve the parents, community and
probation officers. The diversion system would foster accountability within children for their actions without
exposing them to the damaging effects of the criminal justice system. There is also need to expand the
diversion programme to other areas in which the programme is not being implemented.
The main recommendation is however the need to ensure that the current legal framework is implemented in
a manner that promotes the rehabilitation and reintegration of juveniles. The CPEA is particularly crucial in
that it allows for a situation where convicted juveniles are referred to the Children's Court where they will be
dealt with in terms of the Children's Act. The latter Act offers many options which can be used to create a
juvenile justice system that promotes the rights of children. There is already a framework for juvenile
diversion which needs to be operationalised.
There is need for the popularization of the current legal framework dealing with juvenile justice. This can be
achieved through the simplification of the legal provisions and disseminate these to officials in the juvenile
justice system. There should be continuous capacity building activities for officials in the juvenile justice
system in order for them to be empowered to use the law to protect the rights of juveniles. The capacity
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