Bulawayo residents have commended the government for aligning the age of sexual consent with the Constitution but have called for the removal of the clause criminalising HIV infection.
This emerged during the joint Portfolio Committee on Justice, Legal, and Parliamentary Affairs, along with the Thematic Committee on Human Rights public hearings on three bills, including the Death Penalty Abolition Bill, Administration of Estate Amendment Bill, and Criminal Laws Amendment bill.
The chairman of the thematic committee on human rights, Robson Mavenyengwa, who led the team, explained that the Criminal Laws Amendment of Protection of Children and Young Persons Bill is proposed legislation seeking to solidify the protection of all children and young persons between the ages of 16 and 18 against sexual exploitation by adults.
He stated that the main purpose of this Bill is to amend the criminal law code by replacing sections not in alignment with the constitution regarding the definition of young persons.
“The current age of sexual consent in Zimbabwe, provided by the Criminal Law Code, is 16 years. Section 161 of the Criminal Law Code defines a young person as a boy or girl under the age of 16 years, while Section 81 of the Constitution defines a child as anyone below the age of 18 years,” he said.
Participants praised the government’s efforts to protect young people but suggested refining the bill’s definitions to differentiate between children and young persons.
One participant proposed eliminating the engagement of a probation officer when both parties involved are below 18.
“There is a process where a probation officer has to assess to establish whether there was any form of abuse or not, so I would like to propose that if they are all children, let us say they are both below the age of 18, can we remove that process of engaging a probation officer because we are all agreeing and admitting that both children were being silly, so why punish the other when they are both below the age of 18,” she said.
In addition, another participant Siziba from Gwabalanda lauded the alignment for its potential impact on schools, particularly in addressing teenage perceptions of adulthood.
“I am very happy with the alignment as it assists even in schools because the teenagers now view themselves as adults, for 16 year olds it’s even worse,” she said.
Another participant called for government intervention, especially in the apostolic sects.
“In the apostolic churches, children as young as 12 years are married off. May the law be strict and action taken to stop this,” he said.
Another participant, Sibusiso Bhebhe, also objected to the criminalisation of HIV infection, citing progress made in understanding and addressing HIV issues.
“I think when it comes to the criminalisation of the infection of HIV, there was a long process that was done and this law was repealed just last year through the marriages act that is there and we are now coming back to recriminalise so I think we are going backwards because issues of HIV as a country and government we now understand and it’s been a long time investing in it so my proposal is that we don’t criminalize HIV,” said Bhebhe.
He also suggested that the input of social workers is important in deciding the future of children.
“Secondly, part of the bill, there is a clause that says where minors indulge in sex, it speaks of a three-year gap, a report from a social worker will be required before the prosecutor general authorises the prosecution of those young people but he is not mandated to acknowledge that report or to follow the recommendations of the social worker, my proposal is that the prosecutor general must follow the recommendations of the social worker mainly because he is not an expert in the development of children but a social worker is, so their input is very important in deciding the future of these children,” said Bhebhe.
Another participant also weighed in, saying the criminalisation of sexually transmitted diseases should be included.
“I applaud the increasing of age but there is another thing on someone being criminalised for infecting me with HIV, but what happens if they infect me with Gonorrhoea because it can also kill me, so it’s not clear, so be it HIV or sexually transmitted diseases they must be criminalised,” he said.
