Justice For Children

04/02/2026

A LANDMARK VICTORY FOR JUVENILE JUSTICE IN ZIMBABWE

Today marks a historic shift in our legal landscape! In a rare and powerful moment for the Zimbabwean judiciary, the Chitungwiza Court sat as a Children’s Court to rewrite the future of a 17-year-old student, Tawanda. (not his real name).

Tawanda, a Form 4 student raised by a struggling single mother, made a grave mistake, taking $1,500 from a neighbor. In a shocking initial ruling, he was sentenced to 30 months in prison, with his freedom made dependent on paying restitution he simply did not have. This was a "poverty trap" that threatened to extinguish a young life before it truly began.

Justice for Children (JCT), through Child Rights Advocate Pamellah Musimwa, refused to let Tawanda be swallowed by an adult prison system. They launched a successful appeal, arguing that children deserve rehabilitation and re-integration, not just retribution. The High Court agreed, setting aside the sentence and referring the juvenile to the Children’s Court in terms of Section 351 (2) (a) of the Criminal Procedure and Evidence Act.

In one of the first sittings of its kind, the Chitungwiza Court acted as a specialized Children’s Court on the 3rd of February 2026 and corrected Tawanda’s path. The juvenile was ordered to remain in the custody of his mother whilst under the supervision of the Department of Social Development for one year. Under Section 351(2) (a) of the Criminal Procedure and Evidence Act, the juvenile was spared a permanent criminal record, ensuring his future isn't haunted by a childhood mistake.

Tawanda’s case powerfully highlights exactly why Zimbabwe urgently needs specialized Children’s Courts in every district to handle minors with the sensitivity they require and the importance of coming into effect of the Child Justice Act, which prioritizes diversion and restorative justice over cages and fines.

We must stop treating the mistakes of children as the crimes of adults. Today, we celebrate a second chance for Tawanda and a giant leap forward for child rights in Zimbabwe.

15/12/2025

20/11/2025

When the system forgets the vulnerability of children: Tawanda’s story

Tawanda (not his real name), a 17-year-old Form Four student, found himself at the centre of a legal storm after taking US$1 500 from a neighbor, a moment of poor judgment that quickly spiraled beyond anything he imagined. Raised by a single mother, a civil servant struggling to provide for her family, Tawanda grew up without the financial and emotional safety nets many children rely on. His father died when he was still a baby, leaving his mother to shoulder the burden of raising him together with four of his siblings alone.
When the case went to court, the complainant insisted that US$4 900 had been stolen, but with help from Justice for Children Trust (JCT), Tawanda tendered a partial plea to the US$1 500 he admitted taking. The court accepted this version and convicted him accordingly.
However, what followed shocked child-rights advocates. Despite being a school-going juvenile with no independent income, Tawanda was sentenced to 30 months’ imprisonment, with 10 months suspended on condition he paid restitution of US$1 500, an impossible demand for a child wholly dependent on his single mother, the other 10 months were suspended on condition of good behavior and the remaining 10 months suspended on condition that he performs community service. JCT immediately appealed, arguing that the sentence violated fundamental principles of juvenile justice by prioritising punishment over rehabilitation. They emphasised that the law requires courts to consider a child’s age, background, vulnerabilities and prospects of reform before resorting to custodial measures.
The appeal challenged the sentence on several grounds: that it was harsh and disproportionate for a juvenile, that the magistrate failed to meaningfully apply the Children’s Act and section 351 of the Criminal Procedure and Evidence Act, and that the restitution condition effectively converted a suspended sentence into guaranteed imprisonment, simply because the child was too poor to pay.
On 17 November 2025, justice finally tilted in Tawanda’s favour. The appeal was upheld, and the court directed that he be taken before the Children’s Court to be properly dealt with in terms of the Children’s Act, restoring hope to a teenager whose future had been threatened by a sentence more suited to an adult offender.
Tawanda’s story is a powerful reminder of how poverty, loss of parental support, and rigid sentencing can combine to magnify a young person’s mistakes. It also highlights the crucial role of child-rights organisations’ in ensuring that the justice system treats children as children, offering guidance, rehabilitation and a second chance rather than extinguishing their potential at the very start of their lives.

14/10/2025

Press Statement on Juvenile Justice and the Rights of Children in Conflict with the Law

Justice for Children (JCT) expresses concern over the recent case involving two juveniles aged 16 and 17, who were arrested and detained at Mutare Remand Prison after being accused of ra**ng their 17-year-old classmate. The minors were reportedly placed in a cell shared with seven adults, a clear violation of Section 81 of the Constitution of Zimbabwe and international child protection standards that require separation of juveniles from adults in detention.

While JCT sympathises with survivors of sexual violence, it is important for communities to understand the complexities surrounding cases involving children and adolescent sexuality. The public is reminded not to act as judges before the court has made their determination, as what may initially appear as a case of sexual violation could, in some instances, involve consensual sexual experimentation among minors. Such cases must be approached with sensitivity, care, and adherence to due process, to avoid further harm to any of the children involved. Increasingly, children are engaging in consensual sexual activity among peers, and as such, it is crucial to establish all the facts before making assumptions, labeling, or publicly shaming those involved. Public discourse should always prioritise the protection, dignity and best interests of every children.

Bail was denied by the Magistrates’ Court, reportedly due to public outcry following the circulation of a video of the alleged incident on social media. Justice for Children intervened on Friday, 3 October 2025, filing a bail application at the High Court, which was only heard on 8 October 2025, exceeding the 48-hour timeframe required for bail hearings.

Although the juveniles were eventually granted bail and released into the custody of the Department of Social Development, one of the bail conditions required each juvenile to pay USD $200, an unreasonable condition given that both are O’Level students with no source of income. Their incarceration placed their education at risk, as they were due to sit for their examinations during this period. Through JCT’s intervention being supported by UNICEF, both accused juveniles were released on 8 October 2025 by the Mutare High Court into the custody of the Department of Social Development. At present, both the Complainant and the Accused juveniles are sitting for their O’Level examinations under the Department’s supervision pending commencement of trial.

JCT takes this opportunity to encourage parents, guardians, educators and community leaders to strengthen sexual and reproductive health education for adolescents, equipping them with knowledge about responsible behaviour, consent and the legal implications of their actions. While the allegations in this case are serious, JCT underscores that even juveniles remain innocent until proven guilty. The justice system must treat children differently from adults, focusing on rehabilitation, education and reintegration rather than punishment.

JCT calls upon the justice system and relevant authorities to:

1. Ensure that detaining juvenile should be a measure of last resort and if detained they should never be detained with adults under any circumstances.
2. Adhere to the 48-hour rule for bail applications involving minors.
3. Review bail conditions to make them fair and considerate of the economic status of children.
4. Protect the right to education for all children in conflict with the law.
5. Strengthen child-friendly justice practices that prioritise rehabilitation and reintegration.
Justice for Children remains committed to promoting a child-sensitive justice system that upholds the best interests of every child and ensures access to justice that is fair, dignified and restorative.