A Bulawayo citizen, Blessed Mupatsi, has filed an application with the Constitutional Court seeking to hold the Parliament of Zimbabwe accountable for its failure to promptly enact a law protecting young children from sexual exploitation.
He is compelling the legislature to gazette a relevant law within 45 days.
Following a May 24, 2022 judgment, the Constitutional Court mandated Parliament and other authorities to create new laws safeguarding children within twelve months.
This deadline lapsed on May 25, 2023.
President Emmerson Mnangagwa last week gazetted Statutory Instrument 2 of 2024 the Presidential Powers (Temporary Powers) (Criminal Laws (Protection of Children and Young Persons ) Regulations protecting young people under 18 from sexual exploitation, but Mupatsi argues that it does not offer comprehensive protection.
Represented by Masamvu and Da Silva Gustavo, Mupatsi named Parliament and the President as the first and second respondents, respectively. He petitioned the High Court to order Parliament to pass and gazette a comprehensive law within 45 days.
“The respondents have failed to comply with their constitutional obligation to enact a law protecting every child from sexual exploitation,” the application states, citing section 81 (1) (e) of the Constitution.
Mupatsi further requested that the court order the respondents to bear the legal costs of this case, should they oppose it. He argues that their inaction violates the constitutional rights of all children in Zimbabwe.
“I am of the considered view that the failure to enact a law by 1st and 2nd Respondent is as a matter of constitutional law a failure to fulfil a constitutional obligation. The net effect of the failure to enact a law as ordered meant that upon the expiration of the 12 months on the 25th of May 2023, by operation of law, the declaration of invalidity came into effect. This simply means that there is no sections 70, 76, 83 and 86 in our criminal statute being the Criminal Law Code,” the application read.
“It is paramount to point the vulnerability of children especially without any law protecting them from sexual exploitation. This Honourable Court has emphasised on numerous occasions the urgent need to protect all children from sexual exploitation. The protection of children is not only a matter of constitutional law, their rights are further protected in terms of regional and international human rights instruments. The failure by 1st and 2nd Respondent to enact a law violates the right of every child to be protected from sexual exploitation.”
Mupatsi said he is concerned by the fact that there is no law in our country that protects every child from sexual exploitation.
“It is paramount to note that under the present constitution, a child is a right-holder, however, the failure to comply with a constitutional obligation infringes the right of every child in Zimbabwe. Consequently, I seek to have the Respondents gazette a Bill, within 45 days of noting of this judgment to ensure compliance with their constitutional obligation. In casu, it would be appropriate in the event that this Honourable Court is of the finding that Respondent have failed to fulfil a constitutional obligation to direct fulfilment of such obligation,” his application read.
