The Sunday Mail
Tendai Chara
THE recently gazetted Children’s Amendment Act (2023) — which defines and regulates processes to keep the young safe from neglect and abuse — is proving to be a debate for many parents and guardians.
Only a few seem to understand the benefits of the Act, with many appearing to have been swayed by the supposed negative effects of the law.
Many believe this piece of legislation will make it difficult for them to discipline their children.
The Children’s Amendment Act, which was gazetted a few months ago, prohibits assault, ill-treatment and abandonment of children by their parents and guardians.
Under Section 13 of the law, a parent who fails to stop their children from committing a crime shall be punished as if they were the ones who committed it.
It reads: “Any person, including a parent or guardian of a child who —
(a) encourages a child to commit an offence; or
(b) trains a child in the commission of an offence; or
(c) knowingly provides a child with facilities to commit an offence; or
(d) being a parent or guardian of a child fails to take reasonable steps to ensure that the child does not commit an offence where the parent or guardian of the child was in a position to take such steps;
shall be guilty of the offence and liable to the penalties that could have been imposed on him or her had he been guilty of the offence that the child committed.”
Interviews carried by The Sunday Mail Society revealed a gross misinterpretation of the new law has made it “unpopular” with most adults.
Some of the people interviewed fear the new law will give rise to cases of child abuse as parents are likely to come down hard on their children in a bid to avoid being jailed for their crimes.
Objection
Taurai Murefu, of Ushewekunze in Harare, feels the law is unfair.
“I can discipline my children to the best of my ability, but at the end of the day, they can choose how to behave when I am not around. How then do I become part of the problem?” queried Murefu.
But Mabvuku-based Victor Matambo feels the Act is meant to address the rising cases of drug and substance abuse among youths.
“I think this law is grossly unfair to parents and guardians. But in my view, it was put in place so that parents and guardians become tough on their children so as to tackle drug and substance abuse by young people,” Matambo argued.
Violet Moyana, of Rugare, weighed in.
“Government wants to address the issue of drug abuse. The level of moral decadence within young people is alarming. The authorities want to use this law to force parents to be tough with their children,” she reckons.
Clarification
Justice, Legal and Parliamentary Affairs Permanent Secretary Mrs Virginia Mabhiza said the law introduces new criminal offences, including the criminalisation of the act of involving children in any activities related to child sexual abuse material (published offline or online via any technology), as well as the prohibition of denying necessary medical treatment to a child.
She said the Act also gives clear responsibility to those who interact with children to ensure they take action in case the young seem to be in danger.
“Any person who is required or likely to interact with children in their professional or vocational capacity in any way must report any instances of suspected or anticipated child abuse.
“Section 13 of the Act provides that if a parent or guardian facilitates or assists a child to commit a crime, they will be liable and can attract a sentence for the commission of that crime.
“The Act also makes a parent or guardian liable for a crime committed by a child if they did not take reasonable steps to stop or prevent the child from committing that crime where they were in a position to do so. In other words, the law encourages parents or guardians to train up their children so that they may not commit crimes,” she said.
Experts, among them lawyers and child rights activists, also went to great lengths to clear the air.
“In my view, the Act was amended to address the gaps that were existing in the Children’s Act, more so, in view of the fact that the Children’s Act was last repealed in 2002, which was way before the advent of the current Constitution, which came into effect in 2013,” explained Pamellah Musimwa, a legal practitioner.
“Therefore, the main reason for the amendment was to align the Children’s Act with the Constitution. Without being amended, the Children’s Act failed to adequately protect children as per the spirit of the Constitution and that of international and regional laws.”
Absolom Guyo, a lawyer and human rights advocate, also explained what the new law entails.
“After analysing this law, I noticed the major problem is that most people are failing to understand its meaning and objectives. This is despite the fact that the law is very clear,” Guyo said.
He added: “It does not mean that once a child commits a crime, the parent is arrested. A parent can only be arrested where either their action or lack of action thereof resulted in their child committing an offence.”
According to the law expert, parents or guardians are arrested if they encourage a child to commit an offence or train a child in the commission of a crime.
The parents and guardians are also arrested if they knowingly provide a child with facilities to commit an offence or fail to take reasonable steps to ensure the child does not commit a crime.
Backlash
John Sahumana, of Epworth, said this law will have a negative effect on parent-child relationships as some will be more than tough to their offspring to avoid possible punishment.
“I foresee children being beaten up as parents try to be tough on them. No parent would be lenient with a deviant child who might commit crimes that will result in them being arrested,” he said.
Nokuthula Siziba, a child rights activist, however, notes the law will work in favour of children and their interests.
“No sane parent or guardian will abuse their children in order to control them. This law is just reminding parents that it is their duty to guide and look after their children,” Siziba said.
Another child rights advocate, Gamuchirai Ndlovu, shared similar sentiments.
“I applaud the policy makers for coming up with such a brilliant piece of legislation. This law, which is in line with the Constitution, will offer improved protection to every child.
“Furthermore, the law is in line with regional and global best practices.”
Apostle George Dhliwayo of the Great Restoration International Ministries, quoting Proverbs 22:6, said:
“The law will go a long way in ‘forcing’ parents to bring up their children in the ‘correct’ way.
“As Zimbabweans, we allowed ourselves to adopt every aspect of Western cultures. This is now backfiring on us.
“This law will force parents to raise their children according to biblical principles.”
Sociologists have their own view of the whole matrix.
“We have parents who neglect their children and leave them to do whatever they want.
“Some of the parents are allowing their children to be raised by third parties. Some of the children end up being abused or exposed to criminal activities,” notes Dr Phineas Kondowe, a sociologist.
Sekuru Matute (born Israel Mukwena), a traditionalist, feels this is the right way to protect cultural values.
