By Tatenda Gabi.
In a significant move to safeguard the rights of children and young people, President Emmerson Mnangagwa has officially enacted the Criminal Laws Amendment (Protection of Children and Young Persons) Bill, 2024. This new legislation raises the age of sexual consent from 16 to 18, addressing critical gaps in the legal framework that left many young individuals vulnerable to exploitation and early marriages.
The amendment, which received full support in both Houses of Parliament in July, was signed into law by the President on Tuesday. The announcement was made through General Notice 1441A of 2024 in an Extraordinary Government Gazette, issued by Chief Secretary to the President and Cabinet, Dr. Martin Rushwaya.
This legislative change follows a landmark ruling by the Constitutional Court in May 2022, which determined that the existing Criminal Law Code inadequately protected children aged 16 to 18 from sexual abuse. The court’s decision highlighted the need for a law that aligns with the Constitution, which sets the minimum marriage age at 18 and classifies all individuals under this age as minors.
Previously, the law defined young people as those under 16, leaving those aged 16 to 18 without adequate legal protection. In response to the court’s ruling, President Mnangagwa utilized the Presidential Powers (Temporary Measures) Act to introduce Statutory Instrument 2 of 2024, which temporarily raised the age of consent earlier this year. However, this measure was only valid for six months, necessitating a more permanent solution.
The new law has been met with widespread approval from child rights advocates and parliamentarians. Constitutional law expert Professor Lovemore Madhuku praised the legislation as a progressive step that aligns with international standards and strengthens protections for children. He emphasized that the new law imposes harsher penalties, including potential prison sentences of up to 10 years for offenders. Moreover, it establishes that individuals below 18 cannot legally consent to sexual activities, thereby closing loopholes that could be exploited by predators.
Reverend Taylor Nyanhete, director of the Zimbabwe National Council for the Welfare of Children, celebrated the signing of the Bill as a critical achievement in the fight against child sexual abuse. He expressed hope that those who commit such crimes would face justice under the new law.
Child parliamentarians also expressed their gratitude to President Mnangagwa for the new legislation. Anesu Tazarurwa, a child MP for Highfield Constituency, noted that this law would significantly contribute to the protection of children from early marriages and sexual exploitation. Her colleague, Advocate Gwenzi from Zengeza West Constituency, echoed her sentiments, stating that the law would provide essential mechanisms to address the issue of child abuse.
Paida Hove, representing the Chizhanje Senatorial seat, remarked that the timing of the law is crucial for communities that have historically viewed childhood as ending at 16. By raising the age of consent to 18, the President has reinforced protections for young people.
During the Bill’s passage through the Senate, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi expressed gratitude to the Senators for their unanimous support, highlighting the importance of prioritizing national interests over partisan divides. He described the Bill as essential for aligning various sections of the Criminal Code with the Constitution, which recognizes 18 as the age of majority.
Overall, the enactment of the Criminal Laws Amendment (Protection of Children and Young Persons) Bill, 2024 marks a pivotal moment in Zimbabwe’s legal landscape, enhancing protections for vulnerable youth and ensuring that perpetrators of sexual abuse are held accountable.
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