THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (HON. Z. ZIYAMBI): This is a very short Bill that was occasioned by the need to cure a lacuna that had happened whereby the courts had indicated in a constitutional judgement that children are anyone up to the age of 18. In our Criminal Law Codification and Reform Act it was up to 16 years and there were those children from 16 to 18 who were not protected by our laws and we had to call upon His Excellency to help us by using the powers vested in him under the Presidential Powers to cure that. Mr. Speaker Sir, allow me to present my Second Reading speech on the Criminal Laws Amendment that is protection of young children and young persons Bill.
This is a pertinent Bill which seeks to align Section 61, 70, 76, 83 and 86 of the Criminal Law, Codification and Reform Act with the Constitution of Zimbabwe. It is an alignment Bill. These sections define a young person as a person below the age of 16 whereas the Constitution of Zimbabwe places 18 years as the age of majority.
This Bill seeks to confirm the amendments contained in the emergency decree made by His Excellency under Statutory Instrument 2 of 2024. The Emergency Decree was necessitated by the Judgement of the Constitutional Court in Kawenda vs Minister of Justice and Others. The President’s intervention was rendered more urgent following a Court order release of all offenders convicted of sexual intercourse with a young person.
The Criminal Law Codification and Reform Act Chapter 9.23 contains several sections that protect children from sexual exploitation. The sections refer to children as young persons and that term is defined as meaning boys and girls under the age of 16 years. However, Mr. Speaker Sir, the Constitution fixes 18 years as the age at which one is considered to have attained adult status. Although the Criminal Law Court protects the children under the age of 16, it is imperative to note that it does not provide protection for children between the ages of 17 and 18 in the event of sexual crimes being committed on their persons. As a result, the Constitutional Court has declared the definition of young person in Section 61 as well as Section 70, 76, 83 and 86 of the court to be unconstitutional and void. This Bill therefore intends to extend protection of children up to the age of 18 as enshrined in the Constitution.
The Bill will also amend the Criminal Procedure and Evidence Act to make it possible for children and other witnesses who cannot talk due to impairments, to be able to give evidence through other means such as written statements, usage of sign language and other argumentative and alternative communication. This amendment ensures that people with speech impairments are not left out in enjoying their rights to be heard and participate in all our court proceedings.
As I conclude, allow me to encourage Hon. Members to support and pass this important law which seeks to enhance the protection of our children against sexual exploitation. It is also an important law that will promote the inclusion of people with speech impairment in our justice system so that they may be accorded an opportunity to be heard and participate in all court proceedings, thereby giving life to the Government’s mantra of leaving no one behind. I therefore urge Hon. Members to support and pass this Bill and I now move that the Bill be read for the second time. I thank you.
