Juvenile Justice in Zimbabwe

Abstract

This study highlights the weaknesses of the juvenile justice system in Zimbabwe and makes a case for law reform. It is the author’s contention that whilst juvenile justice entails balancing two important considerations, namely the need to protect society against criminal behavior and the need to pay special attention to the personal circumstances of the offender with a view to promoting his wellbeing, the disposal however is heavily weighted in favour of protecting society and thus emphasizing retribution and reparation. There is therefore little in the criminal justice system in Zimbabwe that seeks to promote the wellbeing of the juvenile offender in any meaningful way. Juvenile justice is not only about the treatment of children in conflict with the law, but also about the root causes of offending behaviour and measures to prevent such behaviour. It is about the manner in which police arrest or interrogates children, the way the judges and magistrates make decisions about guilt or sentencing, the role of the social worker in juvenile justice and the way the prison officials treat juveniles in their care. The findings suggest that the disposal of juvenile offender cases in Zimbabwe is unsatisfactory. Highlights of the research findings include: (1) there is no special investigation method for juveniles; (2) juveniles are mixed with adult offenders in prisons; (3) there is no legal representation for juveniles in the courts; (4) there is shortage of social workers to produce probation reports which are a pre-requisite before a magistrate passes a sentence; (5) the court environment is not friendly for juveniles as they are tried in adult courts; and (6) all the respondents reiterated that the juvenile justice system in Zimbabwe is in a very bad shape and needs to be revamped taking into consideration international best practices such as pre-trial diversion.