TITLE 5
Chapter 5:06 Previous Chapter
CHILDREN’S ACT
Acts 22/1971, 39/1973 (ss. 43 and 52), 43/1973 (s. 4), 18/1974, 44/1974 (s. 4),
26/1979, 15/1981 (s. 66), 29/1981 (s. 59), 15/1982 (s. 3), 11/1986 (s. 29), 24/1987 (s.
8), 2/1989 (s. 7), 20/1994 (s. 3), 14/1995; 9/1997 (s. 10), 22/2001, 23/2001, 14/2002;
R.G.N. 327/1977; S.I. 689/1979.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART IA
CHILD WELFARE COUNCIL
2A. Establishment of Child Welfare Council.
2B. Functions of Council.
2C. Validity of decisions and acts of Council.
PART II
CHILDREN’S COURTS
3. Establishment of children’s courts.
4. Officers of children’s courts.
5. Procedure in children’s courts.
6. Certain provisions of Cap. 7:10 to apply to children’s courts.
PART III
PREVENTION OF NEGLECT, ILL-TREATMENT AND EXPLOITATION OF
CHILDREN AND YOUNG PERSONS
7. Ill-treatment or neglect of children and young persons.
8. Corruption of children and young persons.
9. Medical examination and treatment of children and young persons.
10. Begging and public entertainment.
10A. Restriction on employment of children and young persons.
11. Safeguarding of child audiences at public entertainments.
12. Power to bind over person having custody of young girl, child or
young person to exercise proper care.
13. Conducing to commission of offence by child or young person.
PART IV
REMOVAL OF CHILDREN AND YOUNG PERSONS TO OTHER CARE
14. Removal of children and young persons to place of safety.
15. Court or magistrate may authorize removal of child or young person to
place of safety.
16. Authority to detain child or young person in place of safety.
17. Duty to bring child or young person before children’s court.
18. Alleged child in need of care may be brought before children’s court.
19. Children’s court to hold inquiry in respect of child or young person
brought before it.
20. Powers of children’s court.
21. Adjournment of inquiry.
22. Summoning of parent or guardian of child or young person.
23. Determination of certified institution or training institute to which
child or young person shall be sent.
TITLE 5
24. Children’s court may review orders.
25. Period of retention and further supervision of child or young person.
26. Person attaining age of eighteen years during inquiry in children’s
court.
27. Review by High Court of certain orders and discharge of certain orders
by various other orders.
PART V
PLACES OF SAFETY, REMAND HOMES, INSTITUTIONS AND TRAINING
INSTITUTES
28. Places of safety and remand homes.
29. Minister may establish training institutes and institutions
30. . . . . . .
[Repealed by Act 23 of 2001, with effect from 18th January, 2002.]
PART VIIA
FOREIGN ADOPTIONS
31. Registration of institutions.
32. Liability for maintenance of child or young person received in terms of
this Act.
33. Pupil of certified institution or training institute may be released on
licence.
34. Licence may be varied.
35. Reports on pupils.
36. Leave of absence from certified institution or training institute.
37. Discharge from effect of various orders made.
38. Transfer of pupil, child or young person.
39. Admission of children and young persons from foreign states to
certified institutions.
40. Reception in training institutes of juveniles from foreign states.
41. Transfer of persons to institutions outside Zimbabwe.
42. Absconding pupils and other persons.
43. Unlawful removal of juveniles.
44. Imprisonment of absconding pupils.
45. Inspection of children and young persons.
46. Probation officers.
47. Transfer of certain parental powers.
48. Unlawful removal of pupil, child or young person from Zimbabwe.
PART VI
CONTRIBUTION ORDERS
49. Making of contribution order.
50. Provisional contribution order.
51. Effect of direction to make payments and of contribution order.
52. Provisions of contribution order as to payments.
53. Variation or rescission of direction to make payments and of
contribution order.
54. Appeal against contribution order or direction.
55. Change of place of residence of respondent.
56. Service of process.
PART VII
ADOPTION OF CHILDREN
57. Jurisdiction and procedure in relation to adoption order.
58. Power to make adoption order.
59. Restriction on making adoption order.
60. Consent to adoption given by minor mother of illegitimate child.
61. Matters with respect to which court to be satisfied.
62. Register of applicants for adoption.
63. Terms and conditions of order.
64. Effect of adoption order.
65. Power to make interim order.
66. Power to make subsequent order in respect of minor already subject to
an order.
67. Rescission of adoption order.
68. No consideration in connection with adoption permitted.
69. Concealment of identity of adopted child.
70. Adopted Children Register.
71. Change of name of adopted persons.
72. Effect of adoption on marriage.
73. Publication of advertisements of adoption.
74. Accessibility of records relating to adoption.
75. Appeals.
PART VIIA
FOREIGN ADOPTIONS
75A. Application of Part.
75B. Designated countries.
75C. Recognition of adoptions in designated countries.
75D. Recognition of adoptions in non-designated countries.
75E. Registration of birth of persons adopted in foreign country.
75F. Effect of foreign recognition of foreign adoptions under other laws.
75G. Part does not limit foreign recognition of foreign adoptions under other
laws.
PART VIIB
CHILD WELFARE FUND
75H. Establishment of Fund.
75I. Object of Fund.
75J. Application of Fund.
75K. Estimates of expenditure.
75L. Limits on expenditure from Fund
75M. Accounts and audit of Fund.
75N. Holding of Fund.
PART VIII
MISCELLANEOUS
76. Consent to surgical or other treatment.
77. Evidence of husband or wife of accused person.
78. Sale of liquor, tobacco and drugs to children prohibited.
79. Seizure and confiscation of liquor, tobacco and drugs in possession of
children.
80. Provision as to gambling, gaming or automatic machines.
81. Magistrate may order parent to produce his child before children’s
court.
82. Estimation of age.
83. Liability of step-parent to maintain his step-child.
84. Detention of juvenile.
85. . . . . . .
[Repealed by Act 23 of 2001, with effect from 18th January, 2002.]
86. Financial support from public funds to certain institutions.
87. Notice of certain proceedings to be given to High Court.
88. Regulations.
89. . . . . . .
[Repealed by Act 22 of 2001, with effect from the 20th May, 2002.]
FIRST SCHEDULE: Specified Offences.
SECOND SCHEDULE: . . . . . .
[Repealed by Act 23 of 2001, with effect from 18th January, 2002.]
AN ACT to provide for the establishment of children’s courts; to make provision for
the protection, welfare and supervision of children and juveniles; to provide for the
establishment, recognition and registration of certain institutions and institutes for the
reception and custody of children and juveniles and for the treatment of children and
juveniles after their reception in such institutions and institutes; to require the
contribution by certain persons towards the maintenance of children and juveniles; to
provide for the adoption of minors; and to provide for matters incidental to or
connected with the foregoing.
[Date of commencement: 27th October, 1972.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Children’s Act [Chapter 5:06].
[Amended by Section 2 of Act 23 of 2001, with effect from 18th January, 2002.]
2 Interpretation
In this Act—
“adopted child” means a person adopted in terms of Part VII;
“adopter” means a person who has adopted a person in terms of Part VII;
“adoption order” means an order of adoption made in terms of Part VII;
“attendance centre” means a building or place which a child or young person has to
attend on the order of a children’s court to receive guidance and to undergo treatment
in order that he may be rehabilitated and disciplined;
“certified institution” means a training institute or an institution established and
maintained in terms of subsection (1) of section twenty-nine and, if the context so
requires, includes the persons responsible for managing such an institution;
[Amended by Act 23 of 2001 ,with effect from the 18th January, 2002.]
“child” means a person under the age of sixteen years and includes an infant;
“child in need of care” means a child or young person—
(a) who is destitute or has been abandoned; or
(b) both of whose parents are dead or cannot be traced and who has no
legal guardian; or
(c) whose legal guardian or parents do not exercise proper control and
care over him; or
(d) whose legal guardian or parents are unfit to have or exercise control
over him; or
(e) who is in the custody of a person who has been convicted of
committing upon or in connection with that child or young person any offence
specified in the First Schedule; or
( f ) who cannot be controlled by his parents or guardian; or
(g) who is a habitual truant; or
(h) who frequents the company of any immoral or vicious person or is
otherwise living in circumstances calculated to cause or conduce to his seduction,
corruption or prostitution; or
(i) who begs or, being a child, engages in street trading contrary to this
Act or any other enactment; or
( j) who is being maintained in circumstances which are detrimental to his
welfare or interests; or
(k) who is found in possession, without reasonable excuse, of any drug to
which the Dangerous Drugs Act [Chapter 15:02] applies or of any specified drug as
defined in the Drugs and Allied Substances Control Act [Chapter 15:03]; or
(l) who suffers from a mental or physical disability and requires
treatment, training or facilities which his parents or guardian are unable to provide; or
(m) whose parent or guardian has given him up to another person in
settlement of a dispute in accordance with custom; or
(n) whose parent or guardian makes him perform work that is likely to be
hazardous or to interfere with his education or to be harmful to his health or to his
physical or mental development; or
(o) whose parent or guardian has denied him proper health care; or
(p) whose parent or guardian has unlawfully removed him from lawful
custody;
[paras (m) to (p) inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
“clerk of a children’s court” means any official carrying out the duties of such clerk
on the instruction of the officer presiding over the children’s court;
“contribution order” means an order made in terms of Part VI for the periodical
payment of sums of money towards the maintenance of a child, young person or
pupil;
“council” means the Child Welfare Council established in terms of section two A;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
“designated country” means a country declared to be a designated country in terms of
section seventy-five B;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
“Director” means the person for the time being holding the office of Director of
Social Affairs, Youth and Rehabilitation or lawfully acting in the capacity thereof;
“earnings”, in relation to a responsible person, means any money payable to that
person—
(a) by way of salary, wages, remuneration or allowances and includes any
fees, bonus, commission, overtime pay or other emoluments payable in addition
thereto; or
(b) by way of a pension and includes—
(i) an annuity, gratuity, commutation of pension or other like allowance
or refund of pension contributions, including interest payable thereon, whether the
same is payable in respect of past services or otherwise; and
(ii) periodical payments in respect of or by way of compensation for the
loss, abolition or relinquishment, howsoever arising, or any diminution in the
emoluments of any office or employment;
“education officer” means a person or class of persons involved in the education of a
child or young young person who is designated as an education officer for the
purpose of this Act by the Minister after consulting the Minister responsible for
education;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
“employer”, in relation to a responsible person, means a person, including the State,
by whom earnings are payable or are likely to become payable to the responsible
person;
“Fund” means the Child Welfare Fund established by section seventy-five H;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
“guardian”, in relation to a child or young person, means the legal guardian, and
includes any person who has the custody, charge or care of the child or young person,
either permanently or temporarily;
“hazardous labour”, in relation to a child or young person, means any work—
(a) which is likely to jeopardise or interfere with the education of that
child or young person;
(b) involving contact with any hazardous substance, article or process,
including ionising radiation;
(c) involving underground mining;
(d) that exposes a child or young person to electronically-powered handtools,
cutting or grinding blades
(e) that exposes a child or young person to extreme heat, cold, noise or
whole body vibration;
( f ) that is night shift work;
[inserted by Act 23 of 2001 ,with effect from the 18th January, 2002.]
“health officer” means a health practitioner who is registered in terms of the Medical
Dental and Allied Professions Act [Chapter 27:08] and is designated as a health
officer for purposes of this Act by the Minister after consulting the Minister
responsible for health;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
“infant” means a person under the age of seven years;
“institution” means a creche or other institution maintained and controlled by a
person for the reception, maintenance and supervision of children or young persons
but does not include—
(a) a building for the accommodation of school children which forms part
of a private school registered in terms of the Education Act [Chapter 25:04]; or
(b) a certified institution;
and, if the context so requires, any reference to an institution shall be deemed to
include a reference to the management of that institution;
“legal guardian” means a tutor testamentary, tutor dative or assumed tutor to whom
letters of confirmation have been granted in terms of the law relating to the
administration of estates and includes a husband of a girl who is under eighteen years
of age;
“local authority” means—
(a) a municipal council or town council; or
(b) any rural council, district council or other authority which is
designated by the Minister, by notice in a statutory instrument, to be a local authority
for the purposes of this Act;
“maintain”, in relation to a child or young person, includes to undertake the custody
or care of that child or young person;
“maintenance”, in relation to a child or young person, includes the custody or care of
that child or young person;
“management” means a person or persons who have the management and control of a
certified institution, training institute or institution;
“Minister” means the Minister of Public Service, Labour and Social Welfare or any
other Minister to whom the President may, from time to time, assign the
administration of this Act;
“minor” means a person under the age of eighteen years;
“parent” means the father or mother of a person born of, or legitimated by, a lawful
marriage or the mother of an illegitimate person and includes a step-parent and,
except in Part VII, an adopter;
“period of further supervision”, in relation to a pupil, means the period during which
that pupil shall, in terms of subsection (2) of section twenty-five or subsection (3) of
section 352 of the Criminal Procedure and Evidence Act [Chapter 9:07], remain
under the supervision of a certified institution or training institute;
“period of retention” means the period during which a child, young person or person
shall, in terms of subsection (1) of section twenty-five or subsection (1) of section
352 of the Criminal Procedure and Evidence Act [Chapter 9:07], remain in a certified
institution or training institute or under any supervision or custody;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
“place of safety” means any police station or hospital or any place suitable for the
reception of a child or young person into which the occupier thereof is willing to
receive a child or young person or any place established in terms of subsection (1) of
section twenty-eight;
“probation officer” means a means a person registered as a social worker in terms of
the Social Workers Act [Chapter 27:21], and appointed as a probation officer in terms
of section forty-six;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
“public place” means any place to which the public has access, whether free or on
payment of a fee;
“pupil” means any person who—
(a) in terms of this Act or any other enactment, has been placed in or
received in a certified institution or training institute;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
or
(b) has been released on licence or has been granted leave of absence or
has absconded from a certified institution, training institute or South African
institution and who is still under the control or supervision of the management of that
certified institution, training institute or South African institution or is liable to be
brought back thereto;
“Registrar-General” means the Registrar-General referred to in section 3 of the Births
and Deaths Registration Act [Chapter 5:02];
“remand home” means a remand home established in terms of subsection (1) of
section twenty-eight;
“respondent” means any person legally liable to maintain or to contribute towards the
maintenance of a child, young person or pupil for whose maintenance a contribution
order is sought or has been made;
“rule” means a rule made in terms of subsection (11) of section five;
“school-going age” in relation to a child or young person, means a child or young
person between the ages of five and a half years and sixteen years;
[ inserted by Act 23 of 2001 ,with effect from the 18th January, 2002.]
“street trading” includes—
(a) the hawking of any article and the distribution of handbills or
advertisements; and
(b) shoe cleaning, motor car attending and any other like occupation
carried on in a public place;
“training institute” means a training institute established in terms of subsection (1) of
section twenty-nine;
[amended by Act 23 of 2001 ,with effect from the 18th January, 2002.]
“young person” means a person who has attained the age of sixteen years but has not
attained the age of eighteen years.
PART 1A
CHILD WELFARE COUNCIL
[Inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
2A Establishment of Child Welfare Council.
(1) The Minister shall, for the purpose of this Act, establish a council to be known as
the Child Welfare Council which shall consist of the following members—
(a) one representative each from the Ministries responsible for education,
health, the registration of births and deaths, justice, local government and the creation
of employment; and
(b) one representative from the Police Force; and
(c) six representatives from private voluntary organizations or other
organizations which the Minister considers deal with issues concerning the welfare
and upbringing of children; and
(d ) one representative from the Council of Chiefs established in terms of
section 37 of the Traditional Leaders Act [Chapter 29:17]; and
(e) one representative from an association which the Minister considers
represents local authorities; and
( f ) the Director.
(2) Members of the Council referred to in paragraphs (a), (b), (c) (d) and (e) of
subsection (1) shall be appointed by the Minister from persons nominated for that
purpose by the Ministry, organization or association concerned, and such persons
shall not have a criminal record.
(3) Before making an appointment in terms of subsection (2), the Minister shall call
upon the Ministry, organization or association concerned to nominate such number of
persons as the Minister may specify, who in its opinion are suitable and available for
appointment as members of the Council:
Provided that—
(i) the Minister may appoint a person to be a member of the Council who
has not been so nominated and may decline to appoint any person so nominated;
(ii) where the Minister has called for nominations in terms of this
subsection in respect of any appointment to the Council and no nominations have
been made within such period as he may specify when calling for them, the Minister
may appoint any person to be a member of the Council whether or not the person so
appointed is able to represent the views of the body whose nominations were called
for.
(4) Members of the Council shall be appointed by the Minister for such period, not
exceeding three years, as he shall specify on their appointment.
(5) The Minister shall designate one member of the Council to be its chairman and
another to be its deputy chairman.
(6) Half the members of the Council shall constitute a quorum at any meeting of the
Council.
(7) The Council shall—
(a) hold its meetings at least four times a year and in accordance with
such procedure; and
(b) keep and furnish to the Minister such records of its meetings;
as may be prescribed or as may be directed by the Minister.
(8) Members of the Council shall be paid, out of moneys appropriated for the
purpose by Act of Parliament, such remuneration and allowances as may be
prescribed.
(9) The Director shall be responsible for performing the functions of secretary of the
Council.
(10) The Minister, with the approval of the Public Service Commission, shall assign
as staff of the Council such persons employed in his Ministry as will enable the
Council properly to carry out its functions in terms of this Act.
2B Functions of Council
The functions of the Council shall be—
(a) to advise the Minister and any other person that the Council thinks
appropriate on any matter relating to the welfare of children;
(b) to monitor the overall situation of children in need of care and to try to
ensure that their welfare and rights are advanced;
(c) to promote and encourage the co-ordination of the activities of
organizations which have as their object the promotion and protection of the rights of
children; and
(d) to administer the Child Welfare Fund; and
(e) to perform any other function that may be assigned to it by the
Minister.
2C Validity of decisions and acts of Council
No decision or act of the Council shall be invalid solely because there was a vacancy
in the membership of the Council or because a disqualified person purported to act as
a member of the Council at the time the decision was taken or the act was done or
authorized.
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
PART II
CHILDREN’S COURTS
3 Establishment of children’s courts
(1) The Minister responsible for justice may, after consultation with the Minister,
establish a children’s court for any area of Zimbabwe.
(2) Every magistrates court shall be a children’s court for any part of the area of its
jurisdiction for which no children’s court has been established in terms of subsection
(1).
4 Offices of children’s courts
(1) The Minister responsible for justice shall designate a magistrate to preside over a
children’s court established in terms of subsection (1) of section three.
(2) The officer presiding over a children’s court may summon to his aid to sit with
him as assessor or assessors any person who has or any two persons who have, in his
opinion, experience in any matter which may arise for decision at any sitting, inquiry
or hearing:
Provided that whenever the children’s court is inquiring into the case of a female
child or female young person the officer presiding shall summon a woman assessor if
a suitable woman is available to act as such.
(2A) The Minister, in consultation with the Minister responsible for justice, shall
appoint a probation officer for each children's court, and that probation officer shall—
(a) be responsible for safeguarding the interests of any child or young
person who is brought before the court;
(b) be present during all the proceedings of the court:
Provided that the probation officer's absence from any such
proceedings shall not invalidate them unless it causes prejudice to the child or young
person concerned.
[Inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) An assessor may be summoned in terms of subsection (2) to sit with the officer
presiding over a children’s court at any particular sitting or for the holding of a
particular inquiry or hearing or for the holding of any inquiry or hearing or at any
sitting during the period specified in the summons.
(4) Assessors shall advise the officer presiding over a children’s court on all
questions, except questions of law, arising during any sitting or during the inquiry or
hearing, but the final determination or order of the children’s court in question shall
be determined by the officer presiding thereover.
(5) An assessor may be paid out of moneys appropriated by Act of Parliament for the
purpose such allowances as the Minister, after consultation with the Minister
responsible for finance, may from time to time determine.
(6) There shall be for every children’s court such number of children’s court
assistants as may be required whose offices shall be public offices and part of the
Public Service.
(7) Every officer delegated by the Attorney-General to conduct the prosecutions at the
public instance before the magistrates court of any province shall ex officio be a
children’s court assistant of any children’s court held within that province.
(8) A children’s court assistant at any proceedings of the children’s court to which he
is attached—
(a) shall adduce any available evidence relevant to those proceedings; and
(b) may cross-examine any witness giving evidence thereat whom he did
not call; and
(c) shall generally assist the children’s court in performing its functions.
5 Procedure of children’s courts
(1) A children’s court shall not be bound by any rules relating to civil or criminal
proceedings and, in any case not provided for in this Act or in rules, the proceedings
of a children’s court shall be conducted in such manner as to the officer presiding
over the children’s court seems best fitted to do substantial justice.
(2) The officer presiding over a children’s court may in his discretion permit evidence
to be given to the court by way of affidavit or report and may permit the child or
young person to express his views or opinion on the matter before the children’s
court:
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
Provided that the officer presiding over the children’s court shall, upon the request by
or on behalf of any person who in his opinion is a properly interested person, require
the appearance before the court of the maker of any such affidavit or report and shall
afford that person an opportunity to cross-examine the maker of the affidavit or report
upon oath.
(3) Any person who in the opinion of the officer presiding over a children’s court is a
properly interested person shall be entitled to examine any witness appearing before
the children’s court in person or by a legal practitioner:
Provided that the officer presiding shall disallow any question which in his opinion is
not relevant or is not otherwise a proper question.
(4) Where it appears to the officer presiding over a children’s court that a witness has
been asked any question tending to incriminate such witness, he shall inform the
witness that he may refuse to answer the question.
(5) No person shall publish the name, address or school or any other information
likely to reveal the identity of any child or young person who is or has been
concerned in any proceedings in a children’s court:
Provided that, if the officer who presides or presided at such proceedings considers
that such publication would be just and equitable and in the public interest, he may by
written order dispense with the prohibition of this subsection and to such extent as
may be specified in the order.
(6) At any sitting of a children’s court no person shall be present unless—
(a) his presence is necessary in connection with the proceedings of that
court or he is an officer of that court; or
(b) he is a parent or guardian of a child or young person whose presence
is necessary in connection with the proceedings of that court; or
(c) he is the legal practitioner representing such child or young person or
parent or guardian; or
(d) the officer presiding at that sitting has granted him permission to be
present; or
(e) he is the person in charge of the home or institution in which the child
is residing or the nominee of such person.
(7) On the application of a children’s court assistant, the clerk of the children’s court
to which that assistant is attached shall subpoena any witness to give evidence or to
produce a book or document at any proceedings of that court.
(8) On the application of any person who is likely to be affected by any order which
may be made by a children’s court as a result of any proceedings therein, or on the
application of the representative of such person, the clerk of the children’s court shall
subpoena any witness to give evidence or to produce a book or document at those
proceedings.
(9) Any subpoena referred to in subsection (7) or (8) shall be served in the same
manner as if it were a subpoena for the attendance of a witness at a criminal trial in a
magistrates court.
(10) Sections 74, 75 and 76 of the Criminal Procedure and Evidence Act [Chapter
9:07] shall apply, mutatis mutandis, in connection with a person subpoenaed in terms
of subsection (7) or (8) or required by the officer presiding over a children’s court to
give evidence in any proceedings in such court.
(11) The Minister responsible for justice may make rules for regulating the procedure
in children’s courts and may make different rules for the various matters which in
terms of this Act or any other enactment are to be dealt with in children’s courts.
[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the
24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th
February, 2002 - Editor.]
(12) Such records of the proceedings of a children’s court shall be kept as may be
prescribed and shall, subject to section seventy-four, be accessible to such persons
and upon such conditions as to payment of fees and otherwise as may be prescribed.
6 Certain provisions of Cap 7:10 to apply to children’s courts
Subject to this Act and any rules, the Magistrates Court Act [Chapter 7:10] and the
rules made thereunder as to—
(a) the appointment and functions of officers; and
(b) the issue and service of process; and
(c) the appearance in court of legal practitioners; and
(d) the execution of judgments; and
(e) the imposition of penalties for non-compliance with orders of court,
for obstruction of the execution of judgments and for contempt of court;
shall apply, mutatis mutandis, to children’s courts.
PART III
PREVENTION OF NEGLECT, ILL-TREATMENT AND EXPLOITATION OF
CHILDREN AND YOUNG PERSONS
7 Ill-treatment or neglect of children and young persons
(1) Subject to subsection (4), if any parent or guardian of a child or young person
assaults, ill-treats, neglects, abandons or exposes him or allows, causes or procures
him to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to
cause him unnecessary suffering or to injure or detrimentally to affect his health or
morals or any part or function of his mind or body, he shall be guilty of an offence.
(2) Subject to subsection (4), a parent or guardian of a child or young person shall be
deemed to have abandoned or neglected that child or young person if he has—
(a) failed to provide or to pay for adequate food, clothing or lodging for
him or failed to pay for the maintenance of a child or young person who has been
placed in an institution; or
(b) failed to provide or pay for dental, medical or surgical aid or other
effective remedial care necessary for his health or well-being; or
(c) left the child or young person in the care of some other person or an
institution and thereafter has shown inadequate interest in the well-being of that child
or young person for a period in excess of one year; or
(d) in the case of a child, failed to provide adequate supervision of that
child; or
(e) in the case of an infant, left that infant unattended in circumstances
which were likely to cause the infant physical or mental distress or harm.
(3) A person may be convicted of an offence specified in subsection (1)
notwithstanding that—
(a) actual suffering or injury or detriment to health, morals, mind or body
has been obviated by the action of another person; or
(b) actual suffering or injury or detriment to health, morals, mind or body
has not occurred; or
(c) the child or young person, who is the subject of the charge, has died.
(4) Proof that any failure which is the subject of a charge in terms of subsection (1)
was due to a lack of means and that such lack of means was due to none of the
following—
(a) unwillingness to work;
(b) misconduct;
(c) the incurring of debts or obligations which, in all the circumstances of
the case, are unreasonable;
(d) omission to take reasonable steps to obtain relief from any other
person legally liable to maintain the child or young person concerned or from any
association, authority or institution whose purpose is the relief of indigency;
shall be a good defence to the charge.
(5) Any person convicted of an offence in terms of this section shall be liable to a fine
not exceeding level seven or to imprisonment for a period not exceeding two years or
to both such fine or such imprisonment:
Provided that if it is proved that such person would to his knowledge directly or
indirectly acquire any property or an interest in any property or indirectly derive any
benefit from any such acquisition by any other person in the event of the death of the
child or young person in respect of whom the offence was committed, he shall be
liable to a fine not exceeding level ten or to imprisonment for a period not exceeding
five years or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(6) Nothing in this section shall be construed as derogating from the right of any
parent or guardian of any child or young person to administer reasonable punishment
to such child or young person.
8 Corruption of children and young persons
(1) Any person who allows a child or young person to reside in or to frequent a
brothel shall be guilty of an offence.
(2) Any person who causes or conduces to the seduction, abduction or prostitution of
a child or young person or the commission by a child or young person of immoral
acts shall be guilty of an offence.
(3) For the purposes of subsection (2), a person shall be deemed to have caused the
seduction, abduction or prostitution of a child or young person who has been seduced
or abducted or has become a prostitute if he knowingly allowed the child or young
person to consort with or enter or continue in the employment of any prostitute or
person of known immoral character.
(4) Any person convicted of an offence in terms of this section shall be liable to a fine
not exceeding level ten or to imprisonment for a period not exceeding five years or to
both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
9 Medical examination and treatment of children and young persons
(1) Where a Government medical officer or a medical officer of a local authority has
reason to suspect that a child or young person is suffering from a disease or physical
defect or is infested with vermin or that the clothing of that child or young person is
verminous or filthy, he may examine or authorize any other medical practitioner to
examine the person and clothing of that child or young person.
(2) For the purpose of conducting an examination in terms of subsection (1), the
medical officer concerned may, by notice in writing, direct the parent or guardian of
the child or young person concerned to remove such child or young person within a
period specified in the notice to a hospital or other place for such examination.
(3) Where on an examination in terms of subsection (1) it appears that the child or
young person concerned is suffering from any disease or physical defect, the medical
officer concerned shall give notice in writing of such fact to the parent or guardian of
that child or young person and shall in that notice direct the parent or guardian to
provide, within a period to be specified in the notice, such dental, medical, surgical or
other treatment for the child or young person as may be specified in the notice.
(4) Where on an examination in terms of subsection (1) it appears that the child or
young person concerned is infested with vermin or that his clothing is verminous or
filthy, the medical officer concerned may, by notice in writing, direct the parent or
guardian of the child or young person to cleanse the person or clothing of the child or
young person in such manner and within such period as may be specified in the
notice:
Provided that the period so specified shall not be shorter than twenty hours from
receipt by the parent or guardian of the notice.
(5) For the purpose of ascertaining whether a direction given in terms of subsection
(3) or (4) has been complied with, the medical officer who gave the direction may
examine or authorize any other medical practitioner to examine the person and
clothing of the child or young person in respect of whom the direction was given, and
for this purpose the medical officer may exercise the powers conferred by subsection
(2).
(6) Where a parent or guardian to whom a direction has been given in terms of
subsection (2), (3) or (4) fails to comply therewith within the period specified therein,
the medical officer who gave the direction shall report the fact to the magistrate
appointed to preside over the children’s court of the district in which the child or
young person is resident.
(7) A magistrate to whom a report has been made in terms of subsection (6) may—
(a) after due inquiry and after affording the parents and the guardian, if
any, of the child or young person concerned a reasonable opportunity of being heard
in the matter or without affording any such person such opportunity if his
whereabouts are unknown or if in the circumstances it is not reasonably practicable to
afford him such opportunity; and
(b) if satisfied that any examination of the child or young person
concerned or his clothing or any dental, medical, surgical or other treatment is
necessary or desirable in the interests of the health of the child or young person
concerned;
by order in writing authorize the removal of the child or young person or his clothing
to a hospital or other suitable place and the performance there upon the child or
young person or his clothing of such examination or such dental, medical, surgical or
other treatment as may be specified in the order.
(8) Where authority for the performance of an examination or treatment has been
given in terms of subsection (7), the person legally liable to maintain the child or
young person concerned shall be liable for the cost of such examination or treatment.
(9) A medical officer or medical practitioner who is entitled in terms of subsection (1)
or (5) to examine a child or young person may at any time during the day and at any
reasonable hour during the night demand admittance into any premises or room in
which he has reason to believe that child or young person to be and may call upon the
parent or guardian of such child or young person to produce such child or young
person to him at that person’s residence.
(10) Where a Government medical officer or a medical officer of a local authority has
reason to suspect that a child or young person is in need of dental treatment, he may
examine or authorize a dentist to examine that child or young person in order to
ascertain whether he is in need of dental treatment this section, other than subsections
(1) and (4), shall apply, mutatis mutandis, as if any reference to a medical officer or
medical practitioner included a reference to that dentist.
(11) A parent or guardian who fails to comply with a direction given to him in terms
of subsection (4) or who, having complied therewith or after the child or young
person or his clothing has been cleansed in terms of subsection (7), permits or allows
such child or young person again to become infested with vermin or his clothing
again to become verminous or filthy, shall be guilty of an offence and liable to a fine
not exceeding level five or to imprisonment for a period not exceeding six months or
to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(12) Any person who hinders or obstructs any other person in the performance of his
duties in terms of this section shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
10 Begging and public entertainment
(1) Any parent or guardian of a child or young person who allows that child or young
person or any person who causes any child or young person—
(a) to beg; or
(b) to accompany him or any other person while he begs; or
(c) to induce or to endeavour to induce the giving of alms; or
(d) to perform or be exhibited in any way for public entertainment in a
manner likely to be detrimental to the child’s or young person’s health, morals, mind
or body;
shall be guilty of an offence and liable to a fine not exceeding level six or to
imprisonment for a period not exceeding one year or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(2) Where a child or young person has acted in a manner described in subsection (1),
the parent or guardian of the child or young person shall be deemed to have allowed
such action unless he proves that he did not allow it and that he could not have
prevented it.
(3) A police officer or probation officer may at all reasonable times enter and inspect
any premises in which a child or young person performs or is exhibited for any
consideration at a public entertainment, and may attend any such entertainment free
of charge.
(4) Any person who obstructs or hinders any police officer or probation officer in the
performance of his duties in terms of subsection (3) shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
10A Restriction on employment of children and young persons.
(1) Except in such circumstances as may be prescribed, no—
(a) parent or guardian of a child or young person of school-going age
shall knowingly cause or permit the child or young person to absent himself from
school in order to engage in employment for gain or reward;
(b) person shall employ for gain or reward a child or young person of
school-going age at a time when the child or young person might reasonably be
expected to attend school.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding two thousand five hundred dollars or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
(3) It shall be a defence to a charge under paragraph (b) of subsection (1) for the
accused person to prove that he believed on reasonable grounds that the child or
young person whom he employed was not of school-going age.
(4) Subject to the Labour Relations Act [Chapter 28:01], no parent or guardian of a
child or young person shall permit such child or young person to engage in hazardous
labour.
[Inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
11 Safeguarding of child audiences at public entertainments
(1) Any person in occupation of premises in which is given a public entertainment for
children or a public entertainment at which a substantial number of persons who are
expected to attend are likely to be children or young persons who—
(a) fails to provide and keep stationed wherever necessary upon the
premises a sufficient number of adult attendants properly instructed and sufficiently
qualified as to their duties to prevent more children or young persons from entering
any part of the premises than that part can properly accommodate; or
(b) fails to control the children or young persons whilst they are on the
premises or entering or leaving the premises; or
(c) otherwise fails to take all reasonable precautions for the safety and
well-being of the children or young persons;
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(2) A police officer or probation officer may enter any premises in which he has
reason to believe that a public entertainment is being or is about to be provided for
children or young persons or at which a substantial number of persons attending are
or will be children or young persons and may inspect such premises for the purposes
of ascertaining whether the provisions of subsection (1) are being carried into effect.
(3) Where the occupier of any premises is convicted in terms of subsection (1) of an
offence committed in connection with those premises, the court convicting such
occupier may, apart from any penalty which it may impose for the said offence,
cancel any licence which such occupier may hold for any public entertainment in the
premises in question, and thereupon he shall be disqualified from obtaining another
licence for those premises.
12 Power to bind over person having custody of young girl, child or young
person to exercise proper care
(1) Where upon the complaint of any person it is shown to the satisfaction of a
children’s court that—
(a) a girl under the age of eighteen years is exposed to the risk of
seduction or prostitution or is living a life of prostitution; or
(b) a child or young person is being neglected or is being maintained in
domestic circumstances detrimental to his welfare;
the court may, if it thinks fit, having regard to all the circumstances, order the parent
or guardian of the girl, child or young person to enter into his own recognizances,
with or without such sureties and in such amount as the court thinks fit, that he will
exercise due care and supervision of the girl, child or young person.
(2) Whenever a children’s court makes an order in terms of subsection (1), the officer
who presided over such court shall cause to be forwarded to the registrar of the High
Court, not later than seven days after the making of such order, the record of the
proceedings in the matter together with such report, if any, as he may wish to append.
(3) The registrar of the High Court shall, with all convenient speed, lay any record of
proceedings and report received by him in terms of subsection (2) before a judge in
chambers who may—
(a) confirm, vary or set aside the order of the children’s court; or
(b) remit the matter to the children’s court with instructions as to the
further proceedings to be had in such matter as the judge thinks fit.
(4) Where a person who has been ordered to enter into recognizances in terms of
subsection (1) refuses or fails to do so, the children’s court may commit him to prison
for a period not exceeding one month until such recognizances are entered into:
Provided that no person shall be committed to prison in terms of this subsection until
the order to enter into the recognizances has been confirmed or varied, as the case
may be, by a judge in terms of subsection (3).
(5) Where the conditions upon which any recognizances referred to in subsection (1)
were given are not observed by the person who gave them, the children’s court may
declare the recognizances to be forfeited and such declaration of forfeiture shall have
the effect of a judgment in a civil action in the magistrates court in favour of the
Minister.
(6) A children’s court may at any time amend or revoke an order made by it in terms
of subsection (1) and, where an order has been so amended, this section shall apply,
mutatis mutandis, in respect of such amendment as if it were an order made in terms
of subsection (1).
13 Conducing to commission of offence by child or young person
(1) Any person who conduces to the commission of an offence by a child or young
person shall be guilty of an offence and liable to any penalty that may be imposed on
a person convicted of the offence committed by the child or young person.
[amended by Act 22 of 2001, with effect from the 20th May, 2002.]
(2) Any parent or guardian of a child or young person who fails to take reasonable
steps to ensure that that child or young person does not commit an offence is guilty of
an offence and liable to a fine of two thousand five hundred dollars or six months
imprisonment.
(3) Where a person has been convicted of an offence in terms of subsection (1) the
court may, in addition to any penalty which may be imposed therefor, order the
person convicted to pay to any party who has been caused damage or loss by the
commission of the offence concerned by the child or young person compensation for
that damage or loss, whether the injured party makes any claim therefor or not.
PART IV
REMOVAL OF CHILDREN AND YOUNG PERSONS TO OTHER CARE
14 Removal of children and young persons to place of safety
(1) Any police officer, health officer, education officer or probation officer may
remove a child or young person from any place to a place of safety—
(a) if he is, in the opinion of that police officer health officer, education
officer or probation officer, a child in need of care;
[amended by Act 23 of 2001 ,with effect from the 18th January, 2002.]
or
(b) if there are reasonable grounds for believing that an offence specified
in the First Schedule is being or has been committed upon or in connection with that
child or young person.
(2) Unless it would be impracticable or detrimental to the best interests of the child
or young person concerned, a police officer, probation officer, education officer or
health officer shall place a child or young person in a place of safety in terms of
subsection (1) within the family or community where the child or young person was
raised.
(3) A police officer, education officer or health officer who has removed a child or
young person to, and any person who receives a child or young person in, a place of
safety in terms of subsection (1) shall notify a probation officer for the area in which
the place of safety is situated of such removal or reception as soon as possible and in
any event within five days of such removal or reception.
[Subsections (2) and (3) inserted by Act 23 of 2001, with effect from the 18th
January, 2002.]
15 Court or magistrate may authorize removal of child or young person to place
of safety
(1) If it appears to any court in the course of any proceedings before that court or to a
magistrate, in the course of a preparatory examination that an offence specified in the
First Schedule has been or is being committed upon or in connection with any child
or young person, or if the parent or guardian of a child or young person is by any such
court or magistrate convicted of or committed for trial for any such offence, that court
or magistrate, as the case may be, may, if it or he considers it expedient, issue a
warrant authorizing a police officer to search for and to take the child or young
person to a place of safety.
(2) If it appears to any magistrate, on information given on oath by any person, that
there are reasonable grounds for suspecting that an offence specified in the First
Schedule is being or has been committed upon or in connection with a child or young
person who is within the area of his jurisdiction or that a child or young person is in
need of care and that it is expedient that such child or young person shall be taken
into a place of safety, the magistrate may issue a warrant authorizing any police
officer to search for and to take the child or young person to a place of safety.
(3) Any police officer acting under a warrant issued in terms of subsection (1) or (2)
may enter, by force if necessary, any house or other premises wherein the child or
young person who is the subject of the warrant is suspected to be and may remove
such child or young person from the place where he finds him to a place of safety.
(4) Any warrant issued in terms of subsection (1) or (2) may authorize any person
named therein to accompany the police officer who is to execute the warrant.
(5) It shall not be necessary in any warrant issued in terms of subsection (1) or (2) to
state the name of the child or young person whose removal is thereby ordered.
16 Authority to detain child or young person in place of safety
Any child or young person who—
(a) has been taken to a place of safety in terms of this Act or who has
sought refuge in a place of safety, may be detained therein: or
(b) has been ordered by a court, which has convicted him of an offence, to
be dealt with in terms of this Act, may be detained in a place of safety;
until he has been brought before and dealt with by a children’s court.
17 Duty to bring child or young person before children’s court
Any police officer or probation officer who has removed a child or young person to,
and any person who is detaining a child or young person in, a place of safety shall
bring such child or young person before a children’s court as soon as possible and in
any event within seven days of such removal or the commencement of such
detention , as the case may be.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
18 Alleged child in need of care may be brought before children’s court
Any child or young person alleged to be a child in need of care may be brought
before the children’s court for the area in which such child or young person resides or
happens to be by any police officer or probation officer or by the parent or guardian
of such child or young person.
19 Children’s court to hold inquiry in respect of child or young person brought
before it
(1) A children’s court before which a child or young person has been brought—
(a) in terms of this Act, shall inquire and determine whether he is a child
in need of care and, if such be the case, shall inquire into and determine the
appropriate order to be made in terms of this Act; or
(b) in terms of an order of a court, which has convicted him of an offence,
in order to be dealt with in terms of this Act, shall inquire into and determine the
appropriate order to be made in terms of this Act;
or may refer the inquiry and determination to the children’s court of the area in which
the child or young person or his parent or guardian resides.
(2) A court holding an inquiry in terms of subsection (1)—
(a) may hold such inquiry in the absence of the child or young person;
(b) may order the child or young person to be removed during the whole
or part of such inquiry;
(c) shall order the child or young person to be removed during any part of
such inquiry when his presence becomes unnecessary and undesirable.
(d ) shall, wherever it is possible and appropriate to do so, seek the
opinion of the child or young person on the matter under enquiry.
[ paras (d) inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
20 Powers of children’s court
(1) A children’s court, after holding an inquiry in terms of section nineteen in respect
of—
(a) a child or young person brought before it in terms of this Act and
whom it has determined to be a child in need of care; or
(b) a child or young person who has been ordered by a court, which has
convicted him of an offence, to be dealt with in terms of this Act;
may, subject to section twenty-three—
(i) upon being satisfied that a certified institution will accept the child or
young person, order that the child or young person shall be placed in that certified
institution, which shall be named in the order; or
(ii) order that the child or young person shall be placed in, returned to or
remain for foster care in the custody of any suitable person named in the order;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
or
(iii) order that the child or young person shall be placed in, returned to or
remain in the custody of his parent or guardian; or
(iv) order that the child or young person shall reside in such place as the
court may determine; or
(v) order that the child or young person shall render service for the benefit
of the community or a section thereof;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
or
(vi) upon being satisfied that a training institute will accept the child or
young person, order that the child or young person be placed in that training institute,
which shall be named in the order;
for the period specified in subsection (1) of section twenty-five.
(2) A children’s court which makes an order in terms of subparagraph (ii), (iii) or (iv)
of subsection (1) may also order, at the same or any later time, that the child or young
person shall be placed under the supervision of a probation officer for such period,
not exceeding three years, as the court may determine.
(3) A children’s court which makes an order in terms of subparagraph (ii), (iii), or (iv)
of subsection (1) may order that the child, if he is of or above the age of twelve years,
or the young person shall attend an attendance centre specified in the order on such
days and during such hours as may be stated in the order:
Provided that no child or young person may be ordered to attend such centre for
longer than three hours per week or forty-eight hours in all.
(4) A children’s court which has held an inquiry in terms of section nineteen in
respect of a child or young person may direct that the child or young person shall be
kept in a place of safety or returned to the custody of his parent or guardian until such
court has made an order in respect of that child or young person in terms of
subsection (1) or until any order made thereunder can be put into effect.
(4a) A child or young person who fails to comply with an order in terms of subsection
(3) shall be guilty of an office and liable to a sentence of moderate corporal
punishment, not exceeding six strokes, in accordance with section 353 of the
Criminal Procedure and Evidence Act [Chapter 9:07].
[inserted by Act 22 of 2001, with effect from the 20th May, 2002.]
(5) Where an order made in terms of subsection (3) is not complied with, the parent
or guardian of the child or young person in respect of whom it was made shall be
guilty of an offence, unless he proves that he has taken all reasonable steps to ensure
compliance with the order, and shall be liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(6) Where the parent or guardian of a child or young person in respect of whom an
order has been made in terms of this section changes his place of residence during the
currency of the order, he shall forthwith give notice in writing to the clerk of the
children’s court by which the order was made and shall in that notice state fully and
clearly where the place of residence to which he has removed is situated.
(7) Any person who fails to comply with subsection (6) shall be guilty of an offence
and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
21 Adjournment of inquiry
A children’s court which is holding an inquiry in terms of section nineteen may—
(a) from time to time postpone or adjourn such inquiry for such periods as
it thinks fit;
(b) order that during any postponement or adjournment of the inquiry the
child or young person concerned shall remain or be placed in a place of safety or that
he shall be returned to the custody of his parents or guardian on such conditions as
the court may fix to ensure the proper care of the child or young person pending the
determination of the inquiry and to ensure the attendance of the child or young person
at any resumption of the inquiry:
Provided that, where the court orders that the child or young person
shall remain or be placed in a place of safety, the court shall not order a postponement
or adjournment for more than fourteen days at a time.
22 Summoning of parent or guardian of child or young person
(1) Notice of the holding of an inquiry in terms of section nineteen shall be served
upon the parent or guardian of the child or young person if his whereabouts in
Zimbabwe are known, and, unless the children’s court otherwise directs, shall state
that the attendance of such person is required at such inquiry.
(2) If any parent or guardian of a child or young person who has been served with a
notice in terms of subsection (1) which requires his attendance at the inquiry fails to
attend and remain in attendance during the inquiry unless excused by the children’s
court, the officer presiding over the children’s court may—
(a) issue a warrant for the apprehension of that parent or guardian;
(b) order that parent or guardian to pay a fine not exceeding level four or
to imprisonment for a period not exceeding three months or to both such fine and
such imprisonment;
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(c) on cause shown, remit any penalty imposed in terms of paragraph (b).
(3) Any person arrested in terms of subsection (2) may be detained in any prison and
compelled to attend the inquiry until the determination thereof.
23 Determination of certified institution or training institute to which child or
young person shall be sent
(1) A children’s court which makes an order in terms of subparagraph (i) or (vi) of
subsection (1) of section twenty shall order that the child or young person shall be
placed in the specific certified institution or training institute selected by that court
after consultation with the Director or such person as Director may appoint as his
deputy for the purposes of this section.
(2) . . . . . .
[repealed by Act 23 of 2001, with effect from the 18th January, 2002.]
24 Children’s court may review orders
(1) A children’s court may at any time review an order made by it in terms of section
twenty and may, upon such review—
(a) discharge the order; or
(b) discharge the order and make any other order in terms of section
twenty; or
(c) refer the matter to any other children’s court.
(2) A children’s court to which the review of an order has been referred in terms of
paragraph (c) of subsection (1) shall have all the powers upon review of the order as
if the order had been made by it.
(3) The management of the certified institution or training institute or the person in
whose care a child or young person has been placed in terms of an order made in
terms of section twenty shall be entitled to be heard by the children’s court upon any
review by it of such order.
25 Period of retention and further supervision of child or young person
(1) A child or young person in respect of whom an order has been made in terms of
subsection (1) of section twenty shall reside in the place determined by the court or
shall remain in the certified institution or training institute or in the custody in which
he was placed or ordered to return to or remain in any other certified institution,
training institute, or custody to which he may be transferred in terms of this Act—
[amended by Act 23 of 2001 ,with effect from the 18th January, 2002.]
(a) until a period of three years from the date of the order has elapsed; or
(b) until he is released on licence in terms of this Act or shall render
service for the benefit of the community, as the case may be;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
or
(c) until the order has been discharged or he has been discharged from the
effect of the order in terms of this Act;
whichever is the soonest.
(2) Upon the expiration of the period of retention of a pupil in a certified institution or
training institute, whether by effluxion of time or release on licence, that pupil shall
remain under the supervision of the management of that certified institution or
training institute or under the supervision of the management of any other certified
institution or training institute to which he may be transferred in terms of this Act—
(a) for a period not exceeding three years from the date of the expiry of
his period of retention; or
(b) until he is discharged from that supervision in terms of this Act;
whichever is the soonest.
(3) A children’s court may, if it thinks it necessary, order that—
(a) any former pupil of a certified institution or training institute whose
period of retention has expired shall return to and remain in that institution or
institute; or
(b) any pupil in a certified institution or training institute whose period of
retention is about to expire shall remain in that institution or institute; or
(c) a child or young person who was ordered to render service for the
benefit of the community and whose period of service is about to expire, shall
continue to render such service to the community;
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
for such further period or periods as the court may fix and may at any time revoke
such order:
Provided that—
(i) the period or the aggregate of the periods fixed in terms of this
subsection shall not exceed two years at a time; and
(ii) any such order shall lapse upon the pupil or former pupil attaining the
age of eighteen years.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(4) The certified institution or training institute shall be entitled, before the making of
an order in terms of subsection (3), to appear before the children's court and make
representations or adduce evidence in regard to the desirability or otherwise of such
an order.
[new subsection inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
26 Person attaining age of eighteen years during inquiry in children’s court
If during the course of an inquiry in terms of section nineteen in respect of a young
person, such young person attains the age of eighteen years, or if a young person who
upon conviction of any offence has been ordered by the court to be dealt with by a
children’s court attains the age of eighteen years before being so dealt with, the
children’s court may nevertheless make an order in terms of that section in respect of
such person.
27 Review by High Court of certain orders and discharge of certain orders by
various other orders
(1) Whenever a children’s court makes an order in terms of subsection (1), (2) or (3)
of section twenty or subsection (3) of section twenty-five, the officer who presided
over such court shall cause to be forwarded to the registrar of the High Court, not
later that seven days after the making of such order, the record of the proceedings in
the matter together with such report, if any, as he may wish to append.
(2) The registrar of the High Court shall, with all convenient speed, lay any record of
proceedings and report received by him in terms of subsection (1) before a judge in
chambers who may—
(a) confirm, vary or set aside the order of the children’s court; or
(b) remit the matter to the children’s court with instructions as to the
further proceedings to be had in such matter as the judge thinks fit.
(3) The execution of any order made in terms of subsection (1), (2) or (3) of section
twenty or subsection (3) of section twenty-five shall not be suspended by the
transmission of or the obligation to transmit the record of the proceedings in terms of
subsection (1) nor by reason of the fact that there is in existence an order of the High
Court relating to the custody of the child or young person to whom the order of the
children’s court relates.
(4) An order made in terms of subsection (1), (2) or (3) of section twenty in respect of
any child or young person shall be deemed to discharge any previous order made in
terms of any such subsection or in terms of subsection (3) of section twenty-five in
respect of the same child or young person unless the court otherwise directs.
(5) An order made in terms of subsection (1) or (2) of section 351 of the Criminal
Procedure and Evidence Act [Chapter 9:07] in respect of any person shall be deemed
to discharge any previous order made in terms of subsection (1), (2) or (3) of section
twenty or subsection (3) of section twenty-five in respect of the same person unless
the court otherwise directs.
PART V
PLACES OF SAFETY, REMAND HOMES, INSTITUTIONS AND TRAINING
INSTITUTES
28 Places of safety and remand homes
(1) The Minister may establish and maintain places of safety for the reception of
children and young persons in terms of this Act.
(1A) The Minister shall encourage local authorities and other persons or
organizations to establish and maintain places of safety for the reception of children
and young persons in terms of this Act.
[new subsection inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(1B) The Director shall maintain a register of all private homes which are established
as places of safety in terms of this section.
[new subsection inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) The Minister may establish and maintain remand homes for the reception and
detention of children and young persons awaiting trial, sentence or removal to a
certified institution or training institute.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) The Director may authorize the use of a certified institution or a training institute
as a remand home for the purposes of subsection (2).
(4) A remand home established in terms of subsection (2) shall be under the
management of the Director.
29 Minister may establish training institutes and institutions
(1) The Minister may establish and maintain training institutes and institutions for the
reception, maintenance and training of children, young persons and others placed
therein in terms of this Act or any other enactment.
(2) A training institute or institution established in terms of subsection (1) shall be
under the management of the Director.
(3) The Minister may appoint for any training institute or institution established in
terms of subsection (1) an advisory committee which shall consist of not less than
three and not more than nine members, representative of both sexes, who shall hold
office for such period as the Minister may fix.
(4) The Minister may at any time terminate the appointment of any member of an
advisory committee and may appoint a member in place of any member who dies or
resigns his appointment or whose appointment has been terminated.
(5) An advisory committee shall advise the Director on the management and conduct
of the training institute or institution for which it has been appointed:
Provided that nothing in this subsection contained shall be construed as requiring the
Director to comply with the advice of an advisory committee.
30 Certified institutions . . . . . .
[Repealed by Act 23 of 2001, with effect from the 18th January, 2002.]
31 Registration of institutions
(1) Subject to subsection (2), no person shall receive any child or young person in an
institution unless that institution has been registered in terms of this section in the
name of that person or otherwise than in accordance with the conditions on which that
institution has been so registered.
(2) Application for the registration of an institution in terms of this section shall be
made to the Minister and the Minister may—
(a) before considering any such application, require the applicant to
publish in one or more newspapers named by the Minister a notice in a form to be
fixed by the Minister to the effect that he has applied for the registration of the
institution in question;
(b) reject any such application or grant it either unconditionally or on
such conditions as he may think fit and issue to the applicant a certificate of
registration in the prescribed form.
(3) A certificate of registration issued in terms of subsection (2) may at any time be
cancelled by the Minister or surrendered to the Minister by the person in whose name
it was issued:
Provided that no such certificate shall be cancelled unless at least one month’s written
notice of intention to cancel that certificate has been given to the person in whose
name it was issued and the Minister has considered any representations submitted by
such person in pursuance of such notice.
(4) If the Minister is satisfied that the management of any registered institution or the
accommodation, transport or other facilities provided for, or the treatment of, the
children and young persons therein is such as to endanger their welfare, he may serve
upon the person responsible for the management of such institution such general or
special directions with respect to the matters aforesaid or any of them as he thinks
expedient for the welfare of the children and young persons in the institution.
(5) The Minister shall cause notice of the registration of any institution and of the
cancellation or surrender of any certificate of registration issued in terms of this
section to be published in the Gazette.
(6) The Chief Health Officer or any medical officer of health of a local authority or
any person authorized thereto in writing by either of them may visit and inspect any
institution.
(7) No person shall obstruct any person referred to in subsection (6) in the exercise of
his powers in terms of that subsection.
(8) Any person who contravenes any provision of this section or any direction given
in terms thereof shall be guilty of an offence and liable to a fine not exceeding level
four or to imprisonment for a period not exceeding three months or to both such fine
and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
32 Liability for maintenance of child or young person received in terms of this
Act
Any certified institution or person who has received any child or young person placed
with it or in his custody in terms of this Act or any other enactment shall be deemed
to have the custody of that child or young person and shall be bound to maintain and
care for that child or young person for so long as he has been placed with that
institution or in the custody of that person:
Provided that such certified institution or person may at any time, after giving to the
Director not less than three month’s written notice, disclaim further responsibility for
the maintenance and custody of any such child or young person.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
33 Pupil of certified institution or training institute may be released on licence
(1) The management of a certified institution or training institute may by licence
permit any pupil in that institution or institute to live in the custody of a suitable
person for such period, not exceeding three years, and on such conditions as may be
agreed between that person and such management or to reside as may be directed by
such management from time to time:
Provided that no such licence shall, without the authority of the court which made the
order placing the pupil in that institution or institute, be granted to a pupil before the
expiration of the period of one year next following the date of commencement of his
current period of retention.
(2) The management of a certified institution or training institute may stipulate in a
licence granted in terms of subsection (1) that the pupil shall be subject to the
supervision of a probation officer or of a person working for the protection, welfare
and reclamation of children and young persons.
(3) The management which has granted a licence in terms of subsection (1) may at
any time, by notice in writing addressed to the person in whose custody the pupil is or
to the pupil himself if he is not in custody, revoke the licence and direct that the pupil
shall return to the certified institution or training institute from which he was released.
(4) Any interested person may, within one month from the date of a notice referred to
in subsection (3), appeal to the Minister against the revocation of the licence and the
Minister may, after reference to the management concerned and such further inquiry
as he may think necessary, either confirm the revocation or restore the licence.
(5) Where the Minister has restored a licence in terms of subsection (1), the
management which granted the licence shall not revoke it again without the consent
of the Minister.
(6) Where the period for which a licence has been granted to a pupil expires before
the expiration of the period of further supervision of the pupil, the management which
granted the licence may require the pupil to return to the certified institution or
training institute from which he was released or may extend the licence.
(7) Upon the return to a certified institution or training institute of a pupil whose
licence has been revoked or who has been required to return thereto in terms of
subsection (6), such pupil shall, as soon as possible after his return, be again released
on licence by the management and, until such further release, he may be retained in
the certified institution or training institute.
(8) Where a licence has been revoked or where a pupil has been required to return to
a certified institution or training institute in terms of subsection (6), the management
concerned shall forthwith report the reasons for the revocation or the requirement to
return, as the case may be, to the Minister and, if the pupil is again released on licence
shall forthwith report that fact to the Minister.
(9) The Minister may at any time, by order in writing, cancel a licence granted to a
pupil if he thinks it necessary in the interests of that pupil and may direct the pupil to
return to the certified institution or training institution whose management granted the
licence or transfer him in terms of section thirty-eight to any other certified institution
or training institute.
(10) Where a pupil has been directed by an order referred to in subsection (9) to enter
a certified institution or training institute other than the one from which he was
released on licence, he shall, as from the date of the order, cease to be a pupil of the
institution or institute from which he was so released and shall become a pupil of the
institution or institute which he has been directed to enter.
34 Licence may be varied
(1) The management of a certified institution or training institute may, at any time
with the consent of the person in whose custody a pupil has by licence granted by that
management been permitted to live, vary the terms of the licence or substitute therein
for the name of such person the name of any other suitable person
(2) The management of a certified institution or training institute may at any time
vary the conditions of residence of a pupil who has been released on licence granted
by that management but who is not required to be in the custody of any person.
35 Reports on pupils
(1) The management of a certified institution or training institute shall, on the
completion by a pupil in that institution or institute of the first year of his period of
retention, and on the completion of every succeeding year of his period of retention,
report to the Director the reasons why the pupil has not been released on licence or
recommended for discharge and if, in the opinion of the management, any further
retention of the pupil in that institution or institute is advisable, the grounds on which
that opinion is based.
(2) Whenever the Director so directs, the management of a certified institution or
training institute shall submit to him a report similar to the report mentioned in
subsection (1).
36 Leave of absence from certified institution or training institute
The management of a certified institution or training institute may grant leave of
absence to any pupil in that institution or institute for such period and on such
conditions as may be specified and may at any time revoke such leave and direct the
pupil to return to the institution or institute from which he was granted leave.
37 Discharge from effect of various orders made
The Minister may at any time, by order in writing, discharge any pupil, child or
young person from the effect of any order made by a court in terms of section twenty
or subsection (3) of section twenty-five or of section 351 of the Criminal Procedure
and Evidence Act [Chapter 9:07]:
Provided that, before discharging a pupil from a certified institution or training
institute or from the supervision of the management of a certified institution or
training institute, the Minister shall consult the management concerned.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
38 Transfer of pupil, child or young person
(1) Subject to this section, a pupil, child or young person who, in terms of this Act or
any other enactment, has been placed in any certified institution, training institute or
foreign institution to which an agreement under section forty applies, or in or under
any custody or supervision, shall be transferred to another such institution, institute,
custody or supervision if the Minister, by written order, so directs.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) The Minister shall, upon making an order of transfer of any pupil, child or young
person in terms of subsection (1) to any institution outside Zimbabwe, cause notice to
be given to the parent or guardian of the pupil, child or young person of the making
of the order, if the whereabouts of such parent or guardian are known to him.
(3) Where the Minister has in terms of this section dealt with a pupil, child or young
person to whom an order made by any court applies, that order shall be deemed to
have been varied by the Minister’s order in so far as it relates to the transfer of the
pupil, child or young person.
(4) No order shall be made by the Minister for the transfer of a pupil, child or young
person to a training institute from any certified institution or the custody or
supervision in or under which he has been placed by order made in terms of this Act
or any other enactment except after consideration by him of a report upon the reasons
for the proposed transfer made by a magistrate either of his own accord or by
direction of the Minister.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(5) No order shall be made by the Minister for the transfer of a pupil, child or young
person from a training institute in which he has been placed in terms of this Act or
any other enactment to a certified institution unless the Minister has consulted the
management of the certified institution to which it is proposed to transfer the pupil,
child or young person and is satisfied that the transfer will not be prejudicial to the
pupils in that certified institution.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(6) The Minister responsible for justice may, after consultation with the Minister, by
order in writing, transfer any minor who is undergoing in any prison a sentence of
imprisonment, the unexpired term of which is not less than four months, to a training
institute and from the date of that order that minor shall be deemed to have been
placed in that training institute in terms of section 351 of the Criminal Procedure and
Evidence Act [Chapter 9:07].
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(7) If the parent or guardian of a minor in respect of whom an order of transfer has
been made in terms of this section changes his place of residence during the currency
of the order, he shall forthwith give notice in writing to the Director and shall in that
notice state fully and clearly where the place of residence to which he has removed is
situated.
(8) Any person who fails to comply with subsection (7) shall be guilty of an offence.
39 Admission of children and young persons from foreign states to certified
institutions
(1) The Minister may authorize the admission to any certified institution, subject to
acceptance by the management of such certified institution, of any child or young
person committed thereto by any competent court or officer of any foreign state.
(2) The relevant provisions of this Act and of the regulations made thereunder shall
apply to any child or young person received into or detained in a certified institution
in terms of subsection (1).
40 Reception in training institutes of juveniles from foreign states
(1) The President may enter into an agreement with the head of the government of
any foreign state for the reception into and retention in any training institute of any
person under the age of twenty-one years whose detention in a training institute has
been ordered by a competent court of the said state according to the law in force
therein.
(2) The Minister may direct the reception and detention in a training institute of any
person under the age of twenty-one years whose detention in a training institute has
been ordered by a competent court of a state with the head of whose government the
President has entered into an agreement in terms of subsection (1).
(3) The relevant provisions of this Act and of the Criminal Procedure and Evidence
Act [Chapter 9:07] shall apply to a person received into or detained in a training
institute in terms of this section as if he had been sent to that training institute in
terms of section 351 of the Criminal Procedure and Evidence Act [Chapter 9:07]:
Provided that in connection with any such person the application of those provisions
shall be subject to the following qualifications—
(a) the Minister shall not transfer such a person in terms of section thirtyeight
except to another training institute;
(b) subject to the agreement, if any, by virtue whereof such a person was
received into a training institute, the Minister need not consult the management of
that training institute in terms of the proviso to section thirty-seven before
discharging that person therefrom;
(c) the management of the training institute in which such a person is
detained shall not release him on licence in terms of subsection (1) of section thirtythree;
(d) subsection (3) of section 352 of the Criminal Procedure and Evidence
Act [Chapter 9:07] shall not apply to such a person.
41 Transfer of persons to institutions outside Zimbabwe
(1) The President may enter into an agreement with the government of any country
for the reception and detention in any institution in that country of children, young
persons or other persons who have been ordered by a competent court in Zimbabwe,
or by the Minister in terms of section thirty-eight, to be placed in an institution
outside Zimbabwe.
(2) Subject to this Act and any other enactment, a person whom a competent court or
the Minister has ordered to be placed in an institution outside Zimbabwe in
accordance with an agreement made in terms of subsection (1) may be removed to
and detained in that institution in accordance with the law of the foreign country
concerned.
(3) Any person who is in the course of removal to an institution outside Zimbabwe in
accordance with an order signed by the Minister in terms of section thirty-eight shall
be deemed to be in lawful custody whilst he is in Zimbabwe.
(4) Any person who is lawfully released from any institution outside Zimbabwe shall,
upon re-entry to Zimbabwe, be deemed to be under the supervision of the probation
officer of the area in which he lives, and such supervision shall be for a period not
exceeding three years or until the children's court has made an order in terms of
paragraph (a) or (b) of subsection (1) of section twenty-four.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
42 Absconding pupils and other persons
(1) Any pupil who has absconded from any certified institution or training institute or
any person who has absconded from any place of safety or remand home or from the
custody of any person in which he has been placed in terms of this Act or any other
enactment or while he is proceeding to an institution, may be apprehended without
warrant by any police officer or probation officer or member of staff of the institution
from which he absconded, and shall be brought as soon as possible before a
children’s court of the district in which he was apprehended or from which he
absconded.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) Any pupil or person who has been granted leave of absence or who has been
released on licence from a certified institution or training institute and who—
(a) on the revocation or expiration of his leave of absence fails to return to
the certified institution, training institute from which he was granted leave of absence;
or
(b) on the revocation of his licence fails to return to or enter the certified
institution, training institute to which he was directed to return or which he was
directed to enter as a result of the revocation of his licence;
shall be deemed to have absconded from the certified institution, training institute
from which he was granted leave of absence or to which he was directed to return or
which he was so directed to enter, as the case may be.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) When any pupil, child or young person who has absconded as specified in
subsection (1) or (2) has been brought before a children’s court, the children’s court
shall, after questioning the pupil, child or young person as to the reasons why he
absconded—
(a) order that he shall be returned to the certified institution, training
institute, place of safety, remand home or custody from which he absconded; or
(b) if the order in terms of which the pupil, child or young person was
placed in the certified institution, training institute, place of safety, remand home or
custody has expired, make a fresh order in terms of section twenty; or
(c) exercise the powers of review conferred upon it by section twentyfour;
and shall report to the Director the result of the interrogation of the pupil, child or
young person and the order which the court made in terms of this subsection.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
43 Unlawful removal of juveniles
(1) Any person who—
(a) abducts or removes a pupil, child or young person from a certified
institution, training institute or South African institution, place of safety, remand
home or custody in which such pupil, child or young person was lawfully placed; or
(b) directly or indirectly counsels, induces or aids a pupil, child or young
person to abscond from a certified institution, training institute or South African
institution, place of safety, remand home or custody in which such pupil, child or
young person was lawfully placed; or
(c) knowingly harbours or conceals a pupil, child or young person who
has absconded or been removed from a certified institution, training institute or South
African institution, place of safety, remand home or custody in which such pupil,
child or young person was lawfully placed; or
(d) prevents a pupil, child or young person from returning to the certified
institution or training institute, place of safety, remand home or custody from which
he absconded or was removed;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(2) If any person refuses to return a pupil, child or young person to a certified
institution, training institute or South African institution, place of safety, remand
home or custody to which such pupil, child or young person has been committed,
upon expiration of any period of leave of absence granted to such pupil, child or
young person from such certified institution or training institute, place of safety,
remand home or custody, such person shall be deemed to have prevented such pupil,
child or young person from returning to such certified institution or training institute ,
place of safety, remand home or custody.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
44 Imprisonment of absconding pupils
(1) If any pupil of the age of eighteen years or over absconds from any training
institute he shall be guilty of an offence and may be charged with that offence before
any competent court in Zimbabwe and shall be liable to a fine not exceeding level
five or to imprisonment for a period not exceeding six months or to both such fine
and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(2) When the pupil has undergone any sentence imposed upon him in terms of
subsection (1), the Director may order that he shall be returned to the training institute
or that he shall be discharged.
45 Inspection of children and young persons
(1) For the inspection of certified institutions, training institutes, institutions, children
and young persons, there shall be such number of inspectors as may be required,
whose offices shall be public offices and shall form part of the Public Service.
(2) Any inspector appointed in terms of subsection (1) shall have power to enter any
certified institution, training institute or institution or the dwelling of any person in
whose custody a child or young person has been placed in terms of this Act or any
other enactment and to inspect any such certified institution, training institute,
institution or dwelling and the books and documents appertaining thereto and any
pupil, child or young person therein.
(3) The powers conferred by subsection (2) upon an inspector may be exercised by
any magistrate within his province and by any probation officer who has been
generally or in any case specially authorized thereto by the Director.
(4) Refusal by the management of any certified institution, training institute or
institution or by the occupant of any dwelling to allow a person exercising his powers
in terms of this section to enter and inspect those premises or to have access to any
pupil, child or young person shall be a reasonable ground within the meaning of
section fourteen for suspecting that an offence specified in the First Schedule is being
or has been committed upon or in connection with a pupil, child or young person in
those premises.
(5) Any person who obstructs any other person in the exercise of his powers in terms
of this section or who fails to produce any pupil, child or young person or book or
document whose production is demanded in terms of this section shall be guilty of an
offence and liable to a fine not exceeding level five or to imprisonment for a period
not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
46 Probation officers
(1) There shall be such number of probation officers as may be required, whose
offices shall be public offices and shall form part of the Public Service, and whose
functions shall be—
(a) to inquire into and report to any court or magistrate upon the character
and environment of any minor on trial or undergoing a preparatory examination or in
respect of whom an inquiry is being or is intended to be conducted in terms of section
nineteen, and into and upon the causes and circumstances contributing to the
delinquency of such minor:
Provided that nothing in this paragraph shall be regarded as varying
the law in force governing the admissibility of evidence in criminal cases;
(b) to devise and carry out measures for the observation and correction of
tendencies to delinquency in children and young persons and for the discovery and
removal of conditions causing or contributing to juvenile delinquency;
(c) to counsel, supervise and control any person placed under the
supervision of the probation officer;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(d) to perform such other duties as may be imposed upon them in terms of
this Act or any other enactment or by the Minister.
(1a) The Minister may, where a public officer is not available, engage social workers
who are registered in terms of the Social Workers Act [Chapter 27:21], and are not
public officers, to perform the functions of a probation officer in terms of this Act on
such terms and conditions as the case may be agreed.
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) A probation officer shall be an officer of the High Court, every children’s court
and every magistrates court.
(3) When a person is placed under the supervision of a probation officer, that officer
shall be designated by his office and not by the name of any particular person holding
that office.
(4) Any person who—
(a) obstructs or hinders a probation officer in the exercise of his powers or
the execution of his duties in terms of this Act; or
(b) fails to comply with a requirement of a probation officer in the
exercise of his powers or the execution of his duties in terms of this Act: or
(c) impersonates a probation officer;
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
47 Transfer of certain parental powers
(1) Subject to subsections (4) and (5), a parent or guardian of any pupil, child or
young person who has, in terms of this Act or any other enactment, been placed in a
certified institution or training institute or in the custody of some person shall be
divested of his right of control over and of his right to the custody of such pupil, child
or young person and those rights shall be vested in the management of the certified
institution or training institute in which that pupil, child or young person has been
placed or in the person in whose custody such pupil, child or young person has been
placed.
(2) Subject to subsections (4) and (5), the parent or guardian of a child or young
person may, in writing, consent to the child or young person being placed in the
custody of the management of a certified institution or an institution, and the parent
or guardian shall thereupon be divested of his right of control over and of his right to
the custody of the child or young person and those rights shall be vested in the
management of the certified institution or institution in whose custody that child or
young person has been placed:
Provided that—
(i) the parent or guardian shall remain responsible for the maintenance of
the child or young person;
(ii) the parent or guardian or the management of the certified institution or
institution may, by notice in writing to the other party, terminate the control over and
custody of the child or young person by the management, and thereupon the rights
vested in the management in terms of this subsection shall be revested in the parent or
guardian.
(3) If a minor living with his parent or guardian is by virtue of an order made or
licence granted in terms of this Act or any other enactment under the supervision or
control of a probation officer or other person, the parent or guardian of such minor
shall exercise his right of control over the minor in accordance with any directions
which he may have received from such probation officer or other person.
(4) The rights transferred by subsection (1) or (2) from a parent or guardian to the
management of any certified institution or institution or training institute or person
shall not include the powers to deal with any property of a pupil, child or young
person or the power to consent to the marriage of a pupil, child or young person or to
the performance upon him of a surgical operation which is attended with serious
danger to life:
Provided that—
(i) if the Director is satisfied, after due inquiry, that an operation is
necessary to preserve the life of or to save the pupil, child or young person from a
serious or lasting physical injury or disability and that a parent or guardian
unreasonably refuses his consent to the performance of that operation or that a parent
or guardian cannot be found within a reasonable time, the Director may himself
authorize the performance of the operation upon the pupil, child or young person;
(ii) if the principal of a certified institution or institution or training
institute or the person in whose custody a pupil, child or young person has been
placed in terms of this Act or any other enactment has good grounds for believing that
the performance of any surgical operation is necessary to preserve the life of or to
save the pupil, child or young person from a serious or lasting physical injury or
disability, and that the need for such operation is so urgent that it should not be
deferred for the purpose of consulting his parent or guardian or the Director, the
principal or person concerned may himself authorize the performance of such
operation.
(5) The management of a certified institution or institution or training institute or the
person in whose custody any pupil, child or young person has been placed in terms of
this Act, including subsection (2), or any other enactment shall not consent to the
performance of a surgical operation on any pupil, child or young person which is not
attended with serious danger to life unless—
(a) the operation is necessary to preserve the life of such pupil, child or
young person or to save him from a serious or lasting physical injury or disability;
and
(b) except where it is not reasonably practicable to do so, notice of the
proposed operation has been given to the parent or guardian of the pupil, child or
young person and reasonable opportunity has been afforded to the parent or guardian
to object to the performance of the operation and any objection raised has been
considered.
48 Unlawful removal of pupil, child or young person from Zimbabwe
If any person without the consent in writing of the Director or except in terms of any
order made in terms of this Act, removes from Zimbabwe a pupil, child or young
person who is, in terms of any order made in terms of this Act, in the custody or
under the supervision of any person, he shall be guilty of an offence and liable to a
fine not exceeding level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
PART VI
CONTRIBUTION ORDERS
49 Making of contribution order
(1) Subject to this Part, a children’s court may make a contribution order against a
respondent towards the maintenance of—
(a) a child or young person who is the subject of an inquiry in terms of
section nineteen; or
(b) a child or young person in respect of whom an order has been made in
terms of section twenty; or
(c) any pupil.
(2) The children’s court may direct that the whole or portion of the payments due in
terms of a contribution order shall be made by an employer of the respondent from
earnings due to the respondent by that employer.
(3) No contribution order and no direction in terms of subsection (2) shall be made
unless—
(a) notice of the proposal to make any such order or direction has been
given to the respondent and, where applicable, the employer of the respondent
concerned; and
(b) the respondent and, where applicable, the employer of the respondent
have been given an opportunity to appear before and to be heard by the court in
relation to the proposal to make the order or the direction, as the case may be.
(4) Where a direction is to be made against the State or a fund, the notice referred to
in subsection (3) shall be deemed to have been correctly given if it is served upon
such person as may be prescribed:
Provided that, if no such person is prescribed in relation to the State, the notice shall
be deemed to have been correctly given if it is served upon the Secretary of the
Ministry by which the earnings are payable or are likely to become payable.
(5) In making a contribution order the children’s court shall have regard to—
(a) the means of the respondent and the child, young person or pupil
concerned;
(b) the general standard of living of the respondent and of the child,
young person or pupil concerned;
(c) any previous order made by any court for the maintenance of the
child, young person or pupil concerned.
(6) Where there is in existence an order of the High Court for the maintenance of a
child, young person or pupil a children’s court may, in making a contribution order in
respect of that child, young person or pupil, further order that the order of the High
Court shall be suspended during the period of operation of the contribution order.
50 Provisional contribution order
(1) A provisional contribution order may, on application by a children’s court
assistant, be made against a respondent residing in any state to which the
Maintenance Orders (Facilities for Enforcement) Act [Chapter 5:10] have been
extended, by a children’s court towards the maintenance of any child, young person
or pupil referred to in paragraph (a), (b) or (c) of subsection (1) of section forty-nine.
(2) In making a provisional contribution order a children’s court shall have regard to
the matters specified in subsection (5) of section forty-nine.
(3) A provisional contribution order shall have the effect of a provisional maintenance
order referred to in section 5 of the Maintenance Orders (Facilities for Enforcement)
Act [Chapter 5:10] and that Act shall apply, mutatis mutandis, in relation to such
provisional contribution order.
51 Effect of direction to make payments and of contribution order
(1) Subject to subsection (1) of section 7 of the Maintenance Act [Chapter 5:09], a
direction made in terms of subsection (2) of section forty-nine shall have precedence
over any other order of court requiring payments to be made from the earnings due to
the respondent by the employer concerned.
(2) Where a direction in terms of subsection (2) of section forty-nine has been made,
no part of the earnings due to the respondent by the employer concerned shall be
applied to the settlement of any debt, including set-off, or in accordance with any
agreement, arrangement or instruction of any kind whatsoever until all payments due
in terms of the direction have been made:
Provided that nothing in this subsection contained shall be construed as relieving an
employer from the obligation to withhold and make payments of employees’ tax in
accordance with section 73 of the Income Tax Act [Chapter 23:06].
(3) Where a respondent ceases to be entitled to receive any earnings from an
employer against whom a direction in terms of subsection (2) of section forty-nine
has been made—
(a) that direction shall cease to have effect as regards that employer; and
(b) the respondent shall make payments which were the subject of the
direction and which are due to a child, young person or pupil, as the case may be.
(4) A direction made in terms of subsection (2) of section forty-nine and a
contribution order shall have the effect of a garnishee order and a civil judgment,
respectively, of the magistrates court in favour of the clerk of the children’s court and
the Magistrates Court Act [Chapter 7:10] and of the rules made thereunder shall
apply, mutatis mutandis, to any proceedings for the enforcement of the direction or
order.
(5) A contribution order, other than one made against a father for the maintenance of
an illegitimate child, shall have the effect of a maintenance order referred to in
section 4 of the Maintenance Orders (Facilities for Enforcement) Act [Chapter 5:10]
and that Act shall apply, mutatis mutandis, to such contribution order.
(6) Any person who fails to comply with any direction made against him in terms of
subsection (2) of section forty-nine shall be guilty of an offence and liable to a fine
not exceeding level four or to imprisonment for a period not exceeding three months
or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
52 Provisions of contribution order as to payments
(1) A contribution order shall direct that payment in terms of the order shall be made
to the clerk of the children’s court making the order.
(2) A contribution order shall not impose any obligation to pay any money for the
maintenance of any person during any period after his attainment of the age of
twenty-one years.
(3) Moneys received in terms of any contribution order shall be paid into the
Consolidated Revenue Fund.
53 Variation or rescission of direction to make payments and of contribution
order
(1) A children’s court which has made a contribution order or a direction in terms of
subsection (2) of section forty-nine may at any time vary, suspend or rescind the
order or direction or revive the order or direction after it has been rescinded.
(2) An order made in terms of subsection (1) shall have effect from the date on which
it was made unless the court directs that it shall have effect from some specified
earlier or later date:
Provided that no rescission or variation of contribution order or direction made in
terms of subsection (2) of section forty-nine with effect from an earlier date shall
entitle the respondent or the employer to recover or set off any money already paid by
him in accordance with the terms of the contribution order or direction, as the case
may be.
54 Appeal against contribution order or direction
(1) An appeal shall lie to the High Court against—
(a) any contribution order or direction made in terms of subsection (2) of
section forty-nine or the variation, suspension, rescission or revival of a contribution
order or such direction;
(b) the refusal of an application for a contribution order or for the
variation, suspension, rescission or revival of a contribution order or direction made
in terms of subsection (2) of section forty-nine.
(2) The Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06]
and the rules made thereunder shall apply, mutatis mutandis, to such appeal as if it
were an appeal against the judgment in a civil suit by a magistrate.
55 Change of place of residence of respondent
(1) If a respondent against whom a contribution order has been made during the
currency of the order changes his place of residence, he shall forthwith give notice in
writing to the clerk of the children’s court by which the order was made and shall in
that notice state fully and clearly where the place of residence to which he has
removed is situated.
(2) When a respondent against whom a contribution order is in force removes to and
becomes resident in a district other than that of the court which made the order, that
court may, if it thinks it desirable, without prior notice to the respondent, vary the
order by designating as the officer to whom payment shall be made the clerk of the
children’s court of the district to which the respondent has removed, and when a court
has so varied an order it shall transmit a certified copy of the order to such clerk of
the court and inform the respondent by notice in writing of the variation of the order.
(3) An order which has been transmitted to another court in terms of subsection (2)
shall thereupon have effect and be enforceable as if it were an order of that court.
56 Service of process
(1) Any summons, rule, subpoena or notice in connection with any proceedings in
terms of this Part may be served without fee by any police officer in the manner
prescribed by the rules made in terms of the Magistrates Court Act [Chapter 7:10] for
the service of similar documents in civil proceedings in magistrates courts, unless any
other manner of service has been prescribed in terms of subsection (11) of section
five or by registered letter.
(2) Any writ of attachment in execution of a contribution order shall be executed by
the messenger of the magistrates court of the district in which the property to be
attached is situated, and the messenger’s fee and charges for the execution shall be
paid out of the proceeds of the sale of any such property attached in execution and
shall be levied in addition, and in preference, to the sum payable in terms of the
contribution order.
(3) Save as is provided in subsection (2), no costs of any proceedings in terms of this
Part or of any appeal in terms of section fifty-four shall be recoverable by any party
thereto from any other party, and no court fee shall be payable in connection with the
issue or lodging of any document in any such proceedings or appeal.
PART VII
ADOPTION OF CHILDREN
57 Jurisdiction and procedure in relation to adoption order
(1) The court having jurisdiction to make adoption orders in terms of this Part shall be
the children’s court established in terms of subsection (1) of section three within the
jurisdiction of which either the applicant or the minor resides at the date of the
application for the adoption order.
(2) For the purpose of any application in terms of this Part, the court shall appoint a
probation officer to act as guardian ad litem of the minor upon the hearing of the
application with the duty of safeguarding the interests of the minor before the court
Provided that, where the child is being adopted following a decision by its mother to
give it up for adoption, the Director shall appoint a probation officer to act as the
child’s guardian ad litem from the time the child is born or the mother makes the
decision, whichever is the later, and the probation officer shall be responsible for
safeguarding the child’s interests from his appointment until the completion of the
adoption proceedings.
[proviso inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(3) Applications for adoption orders shall be held in private and no persons, other
than those permitted by the court, shall be present at any proceedings relating to such
applications.
58 Power to make adoption order
(1) Upon application in the prescribed manner by any person desirous of being
authorized to adopt a minor who has never been married, the court may, subject to
this Act, make an order authorizing the applicant to adopt that minor.
(2) Where an application for an adoption order is made by two spouses jointly, the
court may make an order authorizing the two spouses jointly to adopt but save as
aforesaid no adoption order shall be made authorizing more than one person to adopt
a minor.
(3) An order may be made authorizing an applicant who is the spouse of the parent of
a minor to adopt such minor and, notwithstanding section sixty-four, such adoption
order shall not terminate the rights and legal responsibilities existing between such
adopted child and the said parent and his relatives.
59 Restrictions on making adoption order
(1) An adoption order .shall not be made except with the consent of the Minister in
any case where—
(a) the applicant is under the age of twenty-five years; or
(b) the applicant is less than twenty-one years older than the minor in
respect of whom the application is made:
Provided that—
(i) where the applicant and the minor are within the prohibited degrees of
consanguinity, the court may, if it thinks fit, make the order notwithstanding that the
applicant is less than twenty-one years older than the minor;
(ii) a husband and his wife jointly may adopt any minor born of one of the
spouses even though one of them is or both of them are under the age of twenty-five
years, or even though one of them is or both of them are less than twenty-one years
older than the minor;
(iii) the spouse of the parent of a minor may adopt such minor even
though the adopter is under the age of twenty-five years or is less than twenty-one
years older than the minor;
(iv) any person may adopt a minor born of him or her which has
previously been adopted by any person, whether or not he or she is under the age of
twenty-five years or is less than twenty-one years older than the minor;
(v) no person shall adopt, otherwise than jointly with his or her spouse, a
minor less than twenty-five years younger than the said person, unless the minor is of
the same sex as that person or that person is a widower, widow or an unmarried or
divorced person and is the natural parent of the minor.
(2) An adoption order shall not be made in any case where the sole applicant is a male
and the minor in respect of whom the application is made is a female, unless the court
is satisfied that there are special circumstances which justify as an exceptional
measure the making of an adoption order.
(3) An adoption order shall not be made except with the consent of every person or
body who is a parent or legal guardian of the minor in respect of whom the
application is made or who is liable to contribute to the support of the minor:
Provided that—
(i) in the case of a minor who is an illegitimate child, the consent of—
(a) the father shall not be required for the purposes of this subsection; and
(b) the mother shall not be regarded as invalid solely on the ground that at
the time of giving the consent she was a minor or a married woman and was not
assisted thereto by her parent, guardian or husband, as the case may be;
(ii) the court may dispense with any consent required by this subsection if
satisfied that the person whose consent is to be dispensed with has abandoned or
deserted the minor or cannot be found or is incapable of giving such consent or, being
a person liable to contribute to the support of the minor, either has persistently
neglected or refused to contribute to such support or is a person whose consent ought,
in the opinion of the court and in all the circumstances of the case, to be dispensed
with;
(iii) the court shall dispense with the consent of the parent or guardian of
the minor if, in anticipation of any application for an order of adoption being made, a
judge of the High Court has, upon an application made to him in chambers by the
guardian ad litem, declared that such parent or guardian has abandoned or neglected
such minor in circumstances deemed to be abandonment or neglect in terms of
subsection (2) of section seven.
(4) An adoption order shall not be made upon the application of one of two spouses
without the consent of the other of them:
Provided that the court may dispense with any consent required by this subsection if
satisfied that the person whose consent is to be dispensed with cannot be found or is
incapable of giving such consent or that the spouses have separated and are living
apart and that the separation is likely to be permanent.
(5) An adoption order shall not be made in favour of any applicant who is not resident
and domiciled in Zimbabwe or in respect of any minor who is not so resident:
Provided that, if the applicant and the minor are within the prohibited degrees of
consanguinity, the adoption may be made in favour of an applicant who is not
resident or domiciled in Zimbabwe.
(6) An adoption order shall not be made unless the minor has been medically
examined and a copy of the report relating to such examination has been furnished to
the court and its contents have been made known to the applicant without disclosure
to the applicant of any name appearing in the report.
(7) Except with the consent of the Minister, no adoption order shall be made in favour
of an applicant who is not a citizen of Zimbabwe:
Provided that this subsection shall not apply in a case where the applicant and the
minor are within the prohibited degrees of consanguinity.
60 Consent to adoption given by minor mother of illegitimate child
Any consent given on or before the 26th October, 1973, by a mother to the adoption
of her illegitimate child shall not be regarded as invalid for the purpose of the making
of an adoption order in terms of this Act or any other enactment relating to adoption
solely on the ground that at the time of giving the consent the mother was a minor or
a married woman and was not assisted thereto by her parent, guardian or husband, as
the case may be.
61 Matters with respect to which court to be satisfied
The court, before making an adoption order, shall be satisfied—
(a) where the consent of a parent is necessary in terms of this Act and has
not been dispensed with, that such consent is in the prescribed form and—
(i) is signed before a magistrate; and
(ii) states that the consent of the parent has been given to the adoption of
the minor—
A. by the applicant or applicants for the adoption whose full names are
known or have been made known to the parent and which, together with their
residential address, shall be specified on the prescribed form; or
B. by an applicant or applicants approved and selected by the court in
terms of this Act from the register of names of persons kept by the Director in terms
of subsection (1) of section sixty-two; and
(iii) contains a certificate endorsed thereon by the magistrate that the
parent understands the nature and effect of the adoption order applied for and that, if
granted, the parent will be permanently deprived of his or her parental rights in
respect of the minor; and
(b) where the consent of any person other than a parent is necessary in
terms of this Act and has not been dispensed with, that such person has consented to
and understands the nature and effect of the adoption order for which application is
made; and
(c) that the order if made will be for the welfare of the minor, due
consideration being for this purpose given to the wishes of the minor, having regard
to the age and understanding of the minor; and
(d) that the applicant has not received or agreed to receive, and that no
person has made or given or agreed to make or give to the applicant, any payment or
other reward in consideration of the adoption, except such as the court may sanction.
62 Register of applicants for adoption
(1) The Director shall keep a register of names of persons who wish to adopt a minor.
(2) Upon an application being made to him by any person who wishes to have his
name recorded on the register referred to in subsection (1) the Director may—
(a) if he considers that such person would be suitable as an adopter,
record such person’s name on the register;
(b) if he does not consider that such person would be suitable as an
adopter, refuse to record such person’s name on the register.
(3) Where the Director considers that any person whose name is recorded on the
register referred to in subsection (1) is no longer suitable to be an adopter he may
remove that person’s name from the register and shall notify the person concerned.
(4) Any person who is aggrieved by the decision of the Director in refusing to record
his name on the register referred to in subsection (1) or in removing his name
therefrom may appeal to the children’s court which may confirm the decision of the
Director or direct him to record the appellant’s name on the register, and the Director
shall comply with any such direction.
63 Terms and conditions of order
The court in an adoption order may impose such terms and conditions as the court
may think fit, and may require the adopter by bond or otherwise to make for the
adopted child such provision, if any, as in the opinion of the court is just and
expedient.
64 Effect of adoption order
(1) An adoption order shall, unless otherwise thereby provided, confer the surname of
the adopter on the adopted child.
(2) Where at any time after the making of an adoption order, the adopter or the
adopted person or any other person dies intestate, his property shall devolve in all
respects as if the adopted person were the child of the adopter born in lawful wedlock
and were not the child of any other person.
(3) In any disposition of property made by an instrument which has effect after the
date of an adoption order—
(a) any reference, whether express or implied, to the child or children of
the adopter shall, unless the contrary intention appears, be construed as, or as
including, a reference to the adopted person; and
(b) any reference, whether express or implied, to the child or children of
the adopted person’s natural parents or either of them shall, unless the contrary
intention appears, be construed as not being, or as not including, a reference to the
adopted person; and
(c) any reference, whether express or implied, to a person related to the
adopted person in any degree shall, unless the contrary intention appears, be
construed as a reference to the person who would be related to him in that degree if
he were the child of the adopter born in lawful wedlock and were not the child of any
other person.
(4) Upon an adoption order being made, all rights, duties, obligations and liabilities of
the parents or guardians of the person to whom the order relates shall be extinguished,
and all such rights, duties, obligations and liabilities shall vest in and be exercisable
by and enforceable against the adopter as if that person were a child born to the
adopter in lawful wedlock, and in respect of those matters that person shall stand to
the adopter exclusively in the position of a child born to the adopter in lawful
wedlock.
(5) In any case where two spouses are the adopters, the spouses shall, in respect of the
matters mentioned in subsection (4) and for the purpose of the jurisdiction of any
court to make any order as to the custody and maintenance of and right of access to
children, stand to each other and to the adopted person in the same relation as they
would have stood if they had been the lawful father and mother of that person, and
the adopted person shall stand to them in the same relation as to a lawful father and
mother.
65 Power to make interim order
(1) Upon any application for an adoption order the court may postpone the
determination of the application and may make a provisional order, which shall not be
an adoption order for the purposes of this Act, giving the custody of the minor to the
applicant for a period not exceeding two years by way of a probationary period upon
such terms as regards provision for the maintenance, education, supervision of the
welfare of the minor and otherwise as the court may think fit.
(2) All such consents as are required to an adoption order shall be necessary to a
provisional order, but subject to a like power on the part of the court to dispense with
any such consent.
(3) The court may, within the period laid down in subsection (1), either confirm or
cancel its provisional order according to whether it considers such order is or is not in
the best interests of the minor.
66 Power to make subsequent order in respect of minor already subject to an
order
An adoption order or a provisional order may be made in respect of a minor who has
already been the subject of an adoption order and, upon any application for such
order, the adopter or adopters under the adoption order last previously made shall, if
living, be deemed to be the parent or parents of the minor for all the purposes of this
Act.
67 Rescission of adoption order
(1) A parent of a minor for whose adoption an order has been made in terms of this
Part, or the person who was at the time of the making of the adoption order the legal
guardian of the minor, or the adopter of such a minor, or the Minister may apply to
the court by which the adoption order was made for the rescission thereof on one or
more of the following grounds—
(a) where the applicant is the parent of the minor, that he did not consent
to the adoption and that the adoption order should not have been made without his
consent;
(b) where the applicant is an adopter, that his adoption of the minor was
induced by fraud, misrepresentation or justus error, or that the minor was suffering
from a serious physical defect or that the minor is a mentally disordered or defective
person in terms of the Mental Health Act [Chapter 15:06] and that the physical defect
or mental disorder or defect existed at the time of the making of the adoption order;
(c) that for reasons set out in the application the adoption is to the
detriment of the minor:
Provided that—
(i) no application made on the ground specified in paragraph (a) may be
made more than six months after the date upon which the applicant became aware of
the fact that an order for the adoption of his minor child had been made, or more than
five years after the date upon which that order was made;
(ii) no application made on a ground specified in paragraph (b) may be
made more than six months after the date upon which the applicant became aware of
that ground;
(iii) no application made in terms of paragraph (c) may be made more than
five years after the date upon which the adoption order was made.
(2) Where the application is made by a parent of the minor, he shall give due notice of
the application to the adopter of the minor.
(3) Where the application is made by an adopter, he shall give notice of the
application to the Minister and to the parent or parents, or the person who was, prior
to the adoption, the legal guardian of the adopted child, if he or they can be found.
(4) Where the application is made by the Minister, he shall give notice to the adopter
and to the parent or parents, or the person who was, prior to the adoption, the legal
guardian of the adopted child, if he or they can be found.
(5) The court to which the application is made shall, after having satisfied itself that
the applicant has complied with subsection (2), (3) or (4), as the case may be, and
after having afforded any person interested in the application an opportunity to be
heard, and after having considered any relevant evidence, whether oral or in the form
of affidavit, which was tendered in support of or in opposition to the application,
rescind or confirm the adoption order:
Provided that—
(i) the court shall not rescind an adoption order on the application of a
parent of the adopted child if it is satisfied that the applicant is unfit to have the
custody of the minor and that it is in the interests of the minor that the adoption order
be confirmed;
(ii) if the application is made on the ground that the minor was suffering
from a serious physical defect or that the minor is a mentally disordered or defective
person, the court shall not rescind the adoption order unless it is satisfied that the
applicant was or, if a husband and wife jointly adopted the minor concerned, they
were both at the time of the making of the adoption order ignorant of the physical
defect or mental disorder or defect of the minor.
(6) On the rescission of an adoption order the adopted child shall for all purposes be
restored to the position in which he would have been if no adoption order had been
made and the court shall notify the Registrar-General of such rescission:
Provided that the rescission shall not affect anything lawfully done while the adoption
order was in force.
68 No consideration in connection with adoption permitted
If any person or agent of that person who has obtained or applied for an adoption
order gives or undertakes to give or, except with the consent of the court which made
the order or to which application for the order is made, receives or contracts to
receive any consideration in respect of the adoption, or if any parent or legal guardian
of a minor receives or contracts to receive or, save with such consent as aforesaid,
gives or undertakes to give any consideration in respect of the adoption, he shall be
guilty of an offence and liable to a fine not exceeding level five or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
69 Concealment of identity of adopted child
(1) No person shall at any time publish any information likely to reveal the identity of
the parent or adopter of any adopted child normally resident in Zimbabwe or, except
with the consent in writing of the adopter or of the adopted child if such adopted child
is over the age of eighteen years, the fact that such adopted child has been adopted:
Provided that if the Minister is of the opinion that such publication would be just and
equitable and in the interests of any particular person he may by written order
dispense with the prohibition of this subsection to such an extent as may be specified
in the order.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
70 Adopted Children Register
(1) The Registrar-General shall keep and maintain a register to be called the
“Adopted Children Register” in which entries shall be made in accordance with this
Act.
(2) Every adoption order shall contain a direction to the Register-General to make in
the Adopted Children Register an entry regarding the adoption in the form prescribed.
(3) Where upon any application for an adoption order there is proved to the
satisfaction of the court—
(a) the date of the birth of the minor; and
(b) the fact that the minor is the same person in respect of whom an entry
or entries have been made in a register of births kept by the Registrar-General;
the adoption order shall contain a further direction to the Registrar-General to cause
the entries in the register of births kept by him relating to such minor to be marked
with the word “Adopted”, and to include in the entry in the Adopted Children
Register in the manner prescribed the date of the child’s birth stated in the adoption
order.
(4) The court shall cause every adoption order to be communicated to the Registrar-
General and, upon receipt of such communication, the Registrar-General shall cause
compliance to be made with the directions contained in the order in regard both to
marking any entry in a register of births kept by him with the word “Adopted” and in
regard to making the appropriate entry in the Adopted Children Register.
(5) Upon an application in chambers being made to a judge of the High Court in
respect of a person who was born in Zimbabwe and adopted in a foreign country
according to the law of that country, the judge may, if he is satisfied—
(a) that the adoption may be recognized in Zimbabwe; and
(b) that the adopted person is the same person in respect of whom an
entry or entries have been made in a register of births kept by the Registrar-General;
order the Registrar-General to cause the entry or entries in the register of births kept
by him relating to such adopted person to be marked with the word “Adopted” and to
include in the Adopted Children Register an entry relating to the Adopted person
with—
(i) the endorsement “Foreign Adoption”;
(ii) a reference to the order of the judge and the date and references
thereof;
(iii) such other particulars concerning the name, sex and date of birth of
the Adopted person and of the surname, address and occupation of the adopter or
adopters as the judge may specify in the order.
(6) A certified copy of any entry in the Adopted Children Register, if purporting to be
marked with the official stamp of the Registrar-General, shall, without any further or
other proof of such entry—
(a) where the entry does not contain any record of the date of the birth of
the Adopted child, be received as evidence of the adoption to which the same relates;
and
(b) where the entry contains a record of the date of the birth of the
adopted child, be received, not only as evidence of the adoption to which the same
relates, but also as evidence of the date of the birth of the adopted child to which the
same relates in all respects as though the same were a certified copy of any entry in a
register of births kept by the Registrar-General.
(7) The Registrar-General shall cause an index of the Adopted Children Register to be
made and any person authorized by the Minister may search such index and have a
certified copy of any entry in the Adopted Children Register on payment of the
prescribed fee.
(8) The Registrar-General shall, in addition to the Adopted Children Register and the
index thereof, keep such other registers and make such entries therein as may be
necessary to record and make traceable the connection between any entry in a register
of births kept by him that has been marked “Adopted”, in terms of this section, and
any corresponding entry in the Adopted Children Register, but such last-mentioned
registers shall not be, nor shall any index thereof be, open to public inspection or
search, nor, except under an order of the Minister, shall the Registrar-General furnish
any person with any information contained in, or with any copy or extract from, any
such registers.
(9) Upon receiving notice of the rescission of an adoption order the Registrar-General
shall note that fact in the Adopted Children Register and shall cause any reference to
the adoption in a register of births kept by him to be struck out.
71 Change of name of adopted persons
(1) Where the forename of an adopted person has been registered in the Adopted
Children Register and the forename which was registered is changed, the Registrar-
General may register the change of forename of the adopted person in the Adopted
Children Register upon—
(a) application made by the adopted person or, if he has not attained the
age of eighteen years—
(i) in the case of a joint adoption, the application of both adopters; or
(ii) in the case of the death of one adopter or a single adopter, the
application of the adopter; or
(iii) in the case of the death of both adopters, the application of the legal
guardian; and
(b) the payment of the prescribed fee; and
(c) the production of such evidence as the Registrar-General may consider
necessary.
(2) Where the surname of an adopted person has been registered in the Adopted
Children Register and the surname which was registered has been changed, the
Registrar-General shall register the change of surname in the Adopted Children
Register without deleting the original surname upon—
(a) application made by the adopted person or, if he has not attained the
age of eighteen years—
(i) in the case of a joint adoption, the application of both adopters: or
(ii) in the case of the death of one adopter or a single adopter, the
application of the adopter; or
(iii) in the case of the death of both adopters, the application of the legal
guardian; and
(b) the payment of the prescribed fee; and
(c) production of evidence that a notarial deed, as defined in the Deeds
Registries Act [Chapter 20:05], setting forth the change of surname has been
registered in the Deed Registry; and
(d) production of evidence that the change of surname has been advertised
in the Gazette.
(3) Notwithstanding subsection (2), the Registrar-General may register a change of
surname of an adopted person without a notarial deed having been registered, if he is
satisfied that—
(a) the change of surname is for a lawful purpose; and
(b) the change of surname is not being effected for purposes of fraud or
misrepresentation; and
(c) all other requirements in terms of subsection (2) have been fulfilled by
the applicant.
72 Effect of adoption on marriage
(1) With effect from the date of commencement of the Children’s Protection and
Adoption Amendment Act, 2001, no marriage shall be contracted between an adopter
and a person adopted by him.
(2) For the avoidance of doubt, subsection (1) shall not affect the validity of a
marriage contracted before it was amended by the Children’s Protection and
Adoption Amendment Act, 2001.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
73 Publication of advertisements for adoption
(1) No person shall insert in a newspaper published in Zimbabwe an advertisement or
other intimation that any person desires any minor to be adopted or that any person is
willing to adopt any minor, unless such publisher has first received the written
permission of the Director to insert such advertisement or intimation.
(1a) Any person who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and may,
in addition to any other penalty imposed upon him, be ordered by the court before
which he is tried to reveal the name and address, if known to him, of any person
concerned in any advertisement or intimation which is the subject of the prosecution,
and upon his refusal to comply with such order he may, in addition to any penalty
imposed on him for the said offence, be committed to prison for a period not
exceeding one month or until such time as he has so complied, whichever is the
shorter time.
[amended by Act 22 of 2001, with effect from the 20th May, 2002.]
74 Accessibility of records relating to adoption
Notwithstanding anything in any other law contained, the records of proceedings of a
court in terms of this Part shall not be open to inspection or be accessible to the public
except with the permission of that court.
75 Appeals
(1) Any person who is aggrieved by any order or decision made by a children’s court
in terms of this Part may appeal against that order or decision to a judge of the High
Court who may refer the matter to the court for argument.
(2) An appeal in terms of subsection (1) shall be heard in private and no person other
than those permitted by the judge or the court, as the case may be, shall be present at
the hearing thereof.
(3) The judge of the High Court or the court, as the case may be, may, in any appeal
in terms of subsection (1), confirm, vary or set aside the order or decision appealed
against or give such judgment or make any determination or order as the
circumstances may require.
PART VIIA
FOREIGN ADOPTIONS
[New Part inserted by Section 37 of Act 23 of 2001, with effect from the 18th
January, 2002.]
75A Application of Part
This part shall apply to any adoption order made in¾
(a) a designated country, whether the order was made before, on or after
the date of commencement of the Children’s Protection and Adoption Amendment
Act, 2001, or the declaration of that country as a designated country;
(b) a foreign country which is not a designated country, whether the order
was made before, on or after the date of commencement of the Children’s Protection
and Adoption Amendment Act, 2001.
75B Designated countries
The Minister may by statutory instrument declare that any country shall be a
designated country for the purposes of this Act.
75C Recognition of adoptions in designated countries
(1) If the High Court is satisfied that¾
(a) an order has been made by a competent authority in a designated
country for the adoption of a person who was not born in Zimbabwe; and
(b) it would not be contrary to public policy to recognize the adoption;
the High Court may declare that the adoption order shall be recognized in Zimbabwe
and may issue such order for its recognition as the court thinks appropriate.
(2) The High Court may make a declaration and issue an order in terms of subsection
(1) upon application being made to it or in the course of any other proceedings before
it.
75D Recognition of adoptions in non-designated countries
(1) Subject to subsections (3) and (4), if the High Court is satisfied that—
(a) an order has been made by a competent authority in any foreign
country which is not a designated country, for the adoption of a person who was not
born in Zimbabwe; and
(b) the adopted person or the adopter was domiciled or permanently
resident in the foreign country at the time the adoption order was made; and
(c) it would not be contrary to public policy to recognize the adoption;
the High Court may declare that the adoption order shall be recognized in Zimbabwe
and may issue such order for its recognition as the court thinks appropriate.
(2) The High Court may make a declaration and issue an order in terms of subsection
(1) upon application being made to it or in the course of any other proceedings before
it.
(3) The High Court shall not make a declaration or issue an order in terms of
subsection (1) unless the Director has been notified of the intended declaration or
order and has been afforded an opportunity to make such written representations in
regard thereto as he may consider appropriate.
(4) The High Court shall take due account of any representations made by the
Director in terms of subsection (3) before it makes a declaration or issues an order in
terms of subsection (1).
75E Registration of birth of person adopted in foreign country
(1) Subject to this section, if the Registrar-General is satisfied, in regard to any
adoption which the High Court has declared in terms of section seventy-five C or
seventy-five D should be recognized, that¾
(a) the adopter is a citizen of Zimbabwe; and
(b) the adopted person is a minor;
the Registrar-General shall, on application by the adopter, cause the adopted person’s
birth to be recorded in his register and in the register of births of the district in which
the High Court made the declaration.
(2) An application for the registration of a birth in terms of subsection (1) shall be
accompanied by¾
(a) the adoption order made in the designated or foreign country, or a
certified copy thereof; and
(b) the declaration or order of the High Court or a certified copy thereof;
and
(c) such documentary evidence of the adopted person’s date of birth as
the Registrar-General considers sufficient; and
(d) the form prescribed for use in connection with the registration of a
birth, completed as far as may be possible and signed by the adopter.
(3) When the Registrar-General has caused entries to be made in the registers in terms
of subsection (1), he shall cause the entries to be marked with the word “Adopted”
and shall include in the Adopted Children Register an entry relating to the adopted
person with—
(a) the endorsement “Recognised Foreign Adoption”; and
(b) a reference to the declaration or order of the High Court and the date
and reference number thereof; and
(c) such particulars as to the name, sex, age and date of birth of the
adopted person as may be available; and
(d) the surname and address of the adopter or adopters, as the case may
be.
75F Effect of recognition of foreign adoption
Where the High Court has recognized an adoption order in terms of section seventyfive
C or seventy-five D—
(a) the adoption order shall have the same effect, in all respects, as if it
had been made in Zimbabwe; and
(b) the adopted person shall be regarded for all purposes as having been
adopted in terms of this Act;
unless the High Court otherwise directs.
75G Part does not limit recognition of foreign adoptions under other laws
This Part shall not be construed as limiting the power of a court under any other law
to recognize or give effect to an adoption effected outside Zimbabwe.
PART VIIB
CHILD WELFARE FUND
[New Part inserted by Section 37 of Act 23 of 2001, with effect from the 18th
January, 2002.]
75H Establishment of Fund
(1) There is hereby established a fund, to be known as the Child Welfare Fund, which
fund shall be administered by the Child Welfare Council.
(2) The Fund shall consist of—
(a) such moneys as are payable to the Fund from moneys appropriated by
Act of Parliament to the purposes of the Fund; and
(b) any other moneys to which the Fund may be lawfully entitled,
including gifts from any person.
(3) The fund shall be vested in the Minister and, subject to this Act, shall be
administered in accordance with his directions.
75I Object of Fund
The objects for which the Fund is established shall be the development and promotion
of the welfare and protection of children and young persons.
75J Application of Fund
The Fund may be applied to—
(a) assisting any person who wishes to establish, operate and maintain any
service or facility that is aimed at advancing the welfare of children or young persons;
and
(b) providing facilities for developing skills in children or young persons
who are in a remand home or certified institution; and
(c) furthering activities related to the dissemination of information on
alcohol and drug abuse, teenage pregnancy and other problems affecting children and
young persons; and
(d) promoting education and health among children and young persons;
and
(e) any other activities or projects aimed at promoting the welfare and
protection of children and young persons.
75K Estimates of expenditure
(1) The Minister shall prepare a statement showing in respect of each financial year
the estimated—
(a) receipts and accruals of the Fund;
(b) expenditure of the Fund, the purpose for which such expenditure is to
be made and the estimated amount that will be expended on each such purpose; and
(c) balance of the Fund at the close of such financial year.
(2) The Minister shall, as soon as possible after the preparation of the statement
referred to in subsection (1), lay copies thereof before Parliament.
75L Limits on expenditure from Fund
(1) Subject to this section, the expenditure incurred by the fund in any financial year
shall not exceed such amount as Parliament may by resolution have approved for that
financial year and the amount of expenditure on any purpose shall not exceed the
amount so approved by Parliament to that purpose:
Provided that the Minister may, with the approval of the Minister responsible for
finance, authorize any saving on any purpose so approved by Parliament to be
expended to meet excess expenditure on any other such purpose.
(2) Until Parliament has approved the expenditure for a financial year, the Minister
may, in anticipation of approval by Parliament, expend such amount as the President
may authorize, not exceeding twenty-five per centum of estimated expenditure for
that financial year.
(3) If at any time it appears to the President to be necessary—
(a) on any purpose to incur unforeseen expenditure of a special character
which has not been approved by Parliament, and which cannot, without seriously
prejudicing the achievement of the objects of the Fund, be postponed until Parliament
has approved it; or
(b) to incur expenditure in excess of the amount already approved by
Parliament on a particular purpose;
the President may authorize the Minister, in anticipation of the approval of
Parliament, to expend such sums as may be required from time to time to meet the
expenditure on such purpose:
Provided that—
(i) the total sum so authorized shall not at any time exceed ten per
centum of the total expenditure already approved by Parliament for that financial
year;
(ii) the sums expended in terms of this subsection shall be submitted for
approval by Parliament not later than during its next sitting.
75M Accounts and audit of Fund
(1) The Minister shall—
(a) keep proper accounts and other records relating thereto, in which he
shall record all the financial transactions of the Fund; and
(b) in respect of each financial year prepare—
(i) a balance sheet; and
(ii) a statement of transactions referred to in paragraph (a).
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-
General, who shall have all the powers conferred upon him by section 9 of the Audit
and Exchequer Act [Chapter 22:03] as though the assets of the Fund were public
moneys or State property.
(3) The financial year of the Fund shall be the period of twelve months ending on
31st December in each year.
75N Holding of Fund
(1) All moneys received on behalf of the Fund shall be paid into a banking account
and no money shall be withdrawn therefrom except by means of a cheque signed by
such persons as are authorized in that behalf by the Minister.
(2) Any part of the Fund not immediately required for the purposes of the Fund may
be invested in such manner as the Minister, with the approval of the Minister
responsible for Finance, may determine.
PART VIII
MISCELLANEOUS
76 Consent to surgical or other treatment
(1) Where the consent of a parent or guardian is necessary for the performance of any
dental, medical, surgical or other treatment upon a minor and the consent of the
parent or guardian is refused or cannot be obtained within a period which is
reasonable in the circumstances, application may be made to a magistrate of the
province where the minor is or is resident for authority to perform the treatment.
(2) A magistrate to whom an application in terms of subsection (1) is made may—
(a) after due inquiry and after affording the parent or guardian concerned
a reasonable opportunity of stating his reasons for refusing to give the necessary
consent or without affording such person such opportunity if his whereabouts are
unknown or if in the circumstances it is not reasonably practicable to afford him such
opportunity; and
(b) if satisfied that any dental, medical, surgical or other treatment is
necessary or desirable in the interests of the health of the minor;
by order in writing authorize the performance at a hospital or other suitable place
upon the minor concerned of such dental, medical, surgical or other treatment as may
be specified in the order.
(3) Where authority for the performance of any treatment has been given in terms of
subsection (2), the person legally liable to maintain the minor concerned shall be
liable for the cost of the treatment.
(4) Notwithstanding any other law, a young person may, without the assistance of his
parent or guardian, consent to donate blood for medical or scientific purposes:
Provided that no such consent shall be valid if—
(a) the donation of his blood would endanger the young person’s health or
life; or
(b) the young person’s parent or guardian has informed the person who is
to take the blood that he does not consent to the donation.
77 Evidence of husband or wife of accused person
In proceedings against any person for an offence in terms of this Act, the wife or
husband of the person charged shall be competent to give evidence, either for the
prosecution or for the defence, without the consent of the person charged.
78 Sales of liquor, tobacco and drugs to children prohibited
(1) No person shall sell, lend, give, supply, deliver or offer so to do to any child any
liquor as defined in the Liquor Act [Chapter 14:12] tobacco, cigars, cigarettes,
cigarette papers or specified drugs as defined in the Medicines and Allied Substances
Control Act [Chapter 15:03] except upon production of a written order signed by the
parent or guardian of the child known to such person, and in accordance with those
Acts.
(2) No person other than the parent or guardian of a child shall give a written order
referred to in subsection (1) to such child.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence
and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
79 Seizure and confiscation of liquor, tobacco and drugs in possession of
children
(1) If a police officer or a probation officer or, within a school or the precincts
thereof, a teacher finds a child in possession of—
(a) liquor as defined in the Liquor Act [Chapter 14:12]; or
(b) a drug; or
(c) tobacco or any cigar, cigarette, tobacco pipe, cigarette holder or
cigarette paper;
he may seize it from the child unless he is satisfied that the child has reasonable cause
for possessing it.
(2) A police officer, probation officer or teacher who has seized any liquor or other
thing from a child in terms of subsection (1) shall hand it over or cause it to be
handed over to the parent or guardian of the child from whom it was seized.
80 Provision as to gambling, gaming or automatic machines
(1) If upon complaint by any person to a children’s court it is proved, to the
satisfaction of the court, that any gambling or gaming machine or automatic machine
for the sale of any cigarettes is being extensively used by children, the court shall
order the owner of the machine or person on whose premises the machine is kept to
take such precautions to prevent the machine being so used as may be specified in the
order or to remove the machine within such time as may be specified in the order.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) Any person who is aggrieved by an order made in terms of subsection (1) may
appeal against the order to a judge of the High Court who may refer the matter to the
court for argument.
(3) The judge of the High Court or the court, as the case may be, may, in any appeal
in terms of subsection (2), confirm, vary or set aside the order appealed against.
(4) Where any person against whom an order in terms of subsection (1) has been
made fails to comply with the terms thereof, he shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
81 Magistrate may order parent to produce his child before children’s court
(1) If it appears to any magistrate from information on oath that there is within his
province any child or young person in the custody of his parent or guardian who is in
need of care, or who has absconded from any certified institution or training institute
or any custody in which he has been placed in terms of this Act or the Criminal
Procedure and Evidence Act [Chapter 9:07], the magistrate may, by notice in writing
served in the prescribed manner, order that parent or guardian to produce the child or
young person before the children’s court on a day and at a time stated in the notice.
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(2) Any parent or guardian who fails without reasonable excuse, the burden of proof
whereof shall rest upon him, to comply with the requirements of a notice served upon
him in terms of subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level five or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
82 Estimation of age
(1) Whenever in any proceedings in terms of this Act, other than criminal
proceedings, the age of any person is a relevant fact of which no or insufficient
evidence is available, the officer presiding at those proceedings may estimate the age
of that person by his appearance or from any information which is available, and the
age so estimated shall, for the purposes of this Act, be deemed to be the true age of
that person.
(2) Where, after the conclusion of proceedings referred to in subsection (1), proof is
adduced that the age of a person estimated in terms of that subsection is not the true
age of that person it shall not, if the error has been made in good faith, affect any
decision or order in those proceedings.
(3) The age of a person estimated in terms of subsection (1) shall be deemed to have
been attained on the day on which the estimate was made.
(4) Whenever a person has been dealt with in accordance with any provision of this
Act which can lawfully be applied only in connection with a person of a particular
age or under or over a particular age and no evidence of his age was led and no
formal estimate of his age was made in terms of subsection (1), the person in question
shall be presumed to have been of that age or under or over that age, as the case may
be, when he was so dealt with.
(5) Where in a charge of an offence in terms of this Act it is alleged that the person by
or in respect of whom the offence was committed was a child or young person or was
under or over any specified age, and he appears to the court to have been at the date
of the commission of the alleged offence a child or young person or to have been
under or over the specified age, as the case may be, he shall, for the purposes of this
Act, be presumed at that date to have been a child or young person or to have been
under or over that age, as the case may be, unless the contrary is proved.
83 Liability of step-parent to maintain his step-child
A step-parent shall be liable to maintain his step-child until such step-child attains the
age of eighteen years:
Provided that—
(i) a step-parent shall not be obliged to maintain a step-child which is
being adequately maintained by its natural parents;
(ii) the obligation of a step-parent to maintain his step-child shall cease—
(a) if the mother of his step-child has deserted him and removed the stepchild
from his custody; or
(b) if in the event of divorce or judicial separation there is no order of
maintenance made in favour of his step-child.
84 Detention of juvenile
(1) A child or young person who is charged with an offence shall not before
conviction be detained in a prison or police cell or lock-up unless his detention is
necessary and no suitable remand home is conveniently available for his detention.
(2) In deciding the suitability of any place for the detention of a person mentioned in
subsection (1), regard may be had to the nature of the offence with which he is
charged and to his age, sex, race and character.
(3) . . . . . .
[repealed by Act 23 of 2001, with effect from the 18th January, 2002.]
85 . . . . . .
[repealed by Act 23 of 2001, with effect from the 18th January, 2002.]
86 Financial support from public funds to certain institutions
(1) The Minister, with the approval of the Minister responsible for finance, may, out
of money appropriated for the purpose by Act of Parliament, make grants-in-aid—
(a) to any local authority certified institution or institution or any
association of persons working in Zimbabwe for the protection, care and control of
children and young persons;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(b) towards the maintenance in any certified institution or institution of
any child or young person placed therein in terms of this Act or any other enactment;
(c) towards the maintenance—
(i) of any child or young person by his parent, step-parent or guardian or
the person with whom he has been placed in terms of this Act or any other enactment;
or
(ii) of a parent, step-parent or guardian of any child or young person; or
(iii) of a grandparent or brother or unmarried sister of any child or young
person with whom he has been placed in terms of this Act or any other enactment.
(2) A local authority may out of its funds make grants-in-aid to any association of
persons working in its area for the protection, care and control of children and young
persons.
87 Notice of certain proceedings to be given to High Court
(1) Whenever summons is issued in connection with proceedings for divorce or
judicial separation between the mother and the father of a child or a young person in
respect of whom an order in terms of section twenty or an application such as is
referred to in subsection (2) or (3) of section 5 of the Guardianship of Minors Act
[Chapter 5:08] was made, the plaintiff shall, on issuing summons, lodge with the
registrar of the High Court a notice to the effect that such order or application was
made and if the plaintiff has failed to lodge such notice the defendant shall, within the
period allowed for entry of appearance, lodge the said notice.
(2) Any plaintiff or defendant who fails to comply with the requirements of
subsection (1) shall, unless he proves he was unaware of such order or application, be
guilty of an offence and liable to a fine not exceeding level three or to imprisonment
for a period not exceeding one month or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(3) Whenever notice has been lodged in terms of subsection (1), the registrar shall
obtain from the clerk of the children’s court concerned a copy of the record relating to
such order or application, together with the reasons in writing of the officer who
presided over the children’s court why he made the order or granted or refused the
application, and shall lay such record and reasons before the High Court.
(4) Whenever in any such proceedings as are referred to in subsection (1) a notice has
been lodged in terms of that subsection, the High Court may, for the purpose of
deciding to whom the custody of the child or young person should be given, subpoena
and take evidence from a probation officer or any officer of the children’s court.
(5) If in any proceedings in respect of which a notice has been lodged in terms of
subsection (1) the High Court is satisfied that both parents are unfit to exercise
control over any child of the marriage, who is a child or young person, the court may
direct that such child or young person shall be removed to a place of safety to be dealt
with in terms of sections nineteen and twenty.
(6) If, after a final order has been made in any proceedings in respect of which a
notice should have been lodged in terms of subsection (1), it is brought to the notice
of the High Court that such notice was not lodged, the High Court may of its own
motion or on the application of a parent, officer of a children’s court or any other
interested person, re-open the proceedings and make such other order as to the
custody of the child or young person as it may think fit.
88 Regulations
(1) The Minister may, subject to subsections (3) and (4), make regulations providing
for all matters which by this Act are required or permitted to be prescribed or which,
in his opinion, are necessary or convenient to be provided for in order to carry out or
give effect to this Act.
(2) Regulations made in terms of subsection (1) may provide for—
(a) the form of any application, authority, certificate, consent, contract,
licence, notice, order, process, register or summons to be made, given, issued or kept
in terms of this Act and any other form required in carrying out the provisions of this
Act;
(b) the organization and maintenance of training institutes and of
institutions established in terms of section twenty-nine;
(c) the prohibition or restriction of communication with or access to
pupils in certified institutions and training institutes or entry in or upon or the
introduction of intoxicating liquor, drugs or other articles into certified institutions
and training institutes;
(d) the procedure relating to the registration of institutions in terms of
section thirty-one, the cancellation and surrender of certificates of registration issued
in terms of that section;
[amended by Act 23 of 2001, with effect from the 18th January, 2002.]
(e) the powers and duties of the management of certified institutions and
the books, accounts and records to be kept and the returns and reports to be rendered
by the management of certified institutions;
( f ) the conditions and terms of licences which may be granted in terms of
section thirty-three, the methods of supervision of pupils released on licence and the
procedure for the revocation of such licence;
(g) the conditions on which leave of absence may be granted to pupils in
certified institutions and training institutes, the period for which leave may be granted
or extended and the procedure for revocation of such leave of absence;
(h) the manner in which inspectors and probation officers appointed in
terms of section forty-six shall perform their duties in terms of this Act;
(i) the organization and maintenance of attendance centres;
( j) the method of registration of adoption orders and of the fees to be paid
for an adoption order or for a certified copy thereof and dealing generally with all
incidental matters arising out of Part VII;
(k) the circumstances in which and the conditions on which grants-in-aid
mentioned in section eighty-six will be made, the amounts or rates of such grants-inaid
and methods of accounting therefor;
(l) a tariff of allowances which may be paid out of public moneys to
witnesses before a children’s court;
(m) the control, regulation or prohibition of—
(i) street trading by children;
(ii) the employment of children, whether for hire or reward or otherwise.
(n) the manner in which, and conditions subject to which, a child or
young person shall perform service to the community in accordance with any order of
a children’s court.
[inserted by Act 23 of 2001, with effect from the 18th January, 2002.]
(o) fees and charges for applications made, registrations effected, orders
made, documents issued or any other thing done in terms of this Act.
[amended by the General Laws Amendment (No.2) Act 2002 promulgated on the
24th January, 2003 - with retrospective effect, in terms of clause 47 - from the 4th
February, 2002 - Editor.]
(3) Regulations in terms of subsection (1) may provide for penalties for any
contravention thereof:
Provided that no such penalty shall exceed a fine of level five or imprisonment for a
period of six months or both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(4) Before making any regulations relating to the imposition of fees the Minister shall
consult with the Minister responsible for finance.
89 . . . . . .
[repealed by Act 22 of 2001, with effect from the 20th May, 2002.]
FIRST SCHEDULE (Sections 2, 14, 15 and 45)
SPECIFIED OFFENCES
1. Abduction.
2. Child-stealing.
3. Assault.
4. Any sexual offence.
5. Any offence involving bodily injury to a child.
6. Any offence in terms of Part III.
SECOND SCHEDULE (Section 41)
[Repealed by Act 23 of 2001, with effect from the 18th January, 2002.]