By Mike Murenzvi
“The safety of the people shall be the highest law.” ~ Marcus Tillius Cicero
On Wednesday, 18 September 2024, the Criminal Laws Amendment (Protection of Children and Young Persons) Act, 2024 was finally published. This closed a long and arduous process of increasing the age of sexual consent and other protections from sexual exploitation of children to 18 years of age.
The process began with a former child bride, Diana Eunice Kawenda, who took up the mantle to fight for the rights of other young children to accord them the same rights and protections that were bestowed upon children under the age of 16 years. This was back in 2020 in a matter that was settled by the Constitutional Court on 24 May 2022 by striking down the unconstitutional sections of the Criminal Law Code.
The Government and Parliament were given 12 months to go and enact a substantive law that would bring the Criminal Law Code in line with the Constitution in this respect. They did not.
From 24 May 2023 to 12 January 2024, there were no protections from sexual exploitation available to children aged 13 to 18 years of age in cases where they “consented” to sexual acts with an adult.
On 12 January 2024, after public outcry, the President promulgated a temporary law to reinstate those protections while Parliament went through the lawmaking process. These regulations were valid for six months and expired on 10 July 2024 and the protections fell away. By that effect, the age of consent reverted to the default 13 years of age.
On 9 July 2024, the Criminal Laws Amendment (Protection of Children and Young Persons) Bill was passed by all houses of Parliament. For the 71 days from that date until 18 September 2024, the country waited with bated breath for the enactment of this crucial law. 71 additional days within which our laws allowed for the exploitation of children. 71 days in which Zimbabwe was a haven for paedophiles.
Now the nation can breathe a sigh of relief as our children now have safety and recourse within the law.
[Also read: COLUMN | Common Law: Law to protect children bogged down in further delays
COLUMN | There’s no law: Child protection – Produce the Act Now Without Delay
COLUMN | Protection of Children – Bill Passed, Over to You Mr President]
COLUMN | Common Law: Our MPs have, yet again, left Zimbabwe’s children at the mercy of sex predators
Common Law | Protection of Children: When bad drafting meets negligence
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Mike Murenzvi writes in his personal capacity and his views are not associated with any organisation he is, or may be, affiliated with.
