ECA/PHSD/SDS/90/2.2 (a)
UNITED NATIONS
ECONOMIC COMMISSION FOR AFRICA
PUBLIC ADMINISTRATION, HUMAN RESOURCES AND SOCIAL DEVELOPMENT DIVISION
THE ADMINISTRATION OF JUVENILE JUSTICE IN SELECTED AFRICAN COUNTRIES:
PROPOSALS FOR REFORM AND ALTERNATIVES.
THE CASES OF ZIMBABWE AND GHANA
November 1990
FOREWARD
The United Nations General Assembly, by resolution 40/33 of 10 December 1985, adopted the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, otherwise known
as the "Beijing Rules", in order to further the well-being of juveniles and to safeguard their basic rights. The Beijing Rules emphasize that "juveniles justice services shall be
systematically developed and co-ordinated, with a view to
improving and sustaining the competence of personnel involved in the services, including thei r methods, approaches and attitudes".
(Rule 1.6). The Rules also stress the need for research and
collection of relevant data and information on the administration of juvenile justice, as basis for effective planning and policy formulation. In this connection, Rule 30.3 stipulates this:
"Efforts shall be made to establish a regular evaluative research mechanism built into the system of juvenile justice
administration and to collect and analyse relevant data and
information for appropriate assessment and future improvement and reform of the administration". Resolution 40/33 also "requests member States and the Secretary- General to undertake research
and develop a data base with respect to efective policies and practices in the administration of juvenile justice".
Accordingly, the United Nations Economic Commission for Africa (ECA) has prepared this publication on the Administration of Juvenile Justice in Zimbabwe and Ghana in response to the
stipulation and mandates contained in General Assembly Resolution 40/33 and in the Beijing Rules, as part of ECA's continued
efforts to collect data and information on the administration of juvenile justice in the African region. This publication serves as a complement to the Report on Juvenile Deliquency, Crime and Justice in the Light of Socio-economic conditions in Africa, prepared by the secretariat for the Fifth Meeting of the Conference of African Ministers of Social Affairs, held in October 1989, in Arusha, Tanzania. r
Due to resource contraints, it has been possible to complete only two country studies, on Zimbabwe and Ghana, with the
assistance of national experts. It had orginally been envisaged that it would be possible to prepare a number of country studies, representing a sample of counties in the various subregions, on the basis of which a comparative analysis would have been made and from which some conclusions applicable to the region as a whole might have been drawn. In the absence of representative number of country studies therefore, the two case studies have been presented as they are and no attempt has been made to draw any regional conclusions on the basis of the experience of only two countries. The two studies provide some very useful
information to policy makers, planners and practioners on the existing practices in the two countries as regards the
administraiton of juvenile justice.
PART ONE
THE ADMrNBISTPATION OF JUVENILE JUSTICE
IN ZIMBABWE*
* Revised version of a report prepared by Mechack Ananias Cheda Permanent Secretary, Ministry of Justice, Legal and
Parliamentary Affairs, Zimbabwe.
The opinions expressed in this report are the author'sxs and do not necessarily reflect the position of the Zimbabwe Ministry of Justice nor of the United Nations Economic Commission for Africa.
STATUTORY AND LEGISLARTIVE PROVISIONS
The administration of juvenile justice in Zimbabwe is
regulated mainly by two statutes, the Children's Protection and Adoption Act, Chapter 33 and the Criminal Procedure and Evidence Act, Chapter 59. The latter gives guidelines on the treatment of
juveniles relating to the prcedure in trials while the former makes provision for the establishment of juvenile courts and
various institutions to which juvenile offfenders may be reffered before and after trial, for rehabilitation.
(a) Legal definition of a juvenile
The children's Protection and Adoption Act, Capater 33, while creating juvenile courts and other institutions for
juveniles, does not define a juvenile. Instead it defines
"child", and "young person" and "infant" as follows: "child"
means a persons under the age of sixteen years and includes an infant; "infant" means a person under the age of seven years;
"young person" means a person who has attained the age of sixteen years but has not attained the age of nineteen years; "minor", means a person under the age of twenty-one years.
In the absence of any definition of "juvenile", it is
necessary to look, not only at these definitions, but »1b« at; the provisions of the Legal Age of Majority Act No 15 of 1982, It is interesting to note that prior to this Act of 1982, the previous Act namely, Chapter 46, provided that the Legal Age of Majority was 21 years, and that despite that, African women generally
never attained majority status even after attaining that age, but remained minors in law forever, and when they got married, their husbands became their guardians. The 1982 Act changed the Legal Age of Majority to 18 years, regardless of race or sex. While this may not be directly relevant to this study, it does show however, that before the 1982 Act, parents looked after and fc««k responsibility for their children until they became 21 years, unless they got emancipated through either marriage, or going to work and live on their own as adults.
The Criminal Procedure and Evidence Act which makes reference to juveniles in several sections, does not define juvenile either. The closest explanation of juvenile has to be understood from section 61 of this Act which, while referring to
juveniles in side notes, deals with a person under the age of 19 years. Accordingly, taking into account the provisions of
section 61(a) of the Criminal Procedure and Evidence Act Chapter 59, and the provisions of the Legal Age of majority Act 15/82, one comes to the conclusion that a juvenile must be a person who has not yet attained the age of 18 years.
(b) Acte of criminal responsihli f.y
Chi Idren have been cji ven spec! al protection i n the Zimbabwean legal system because of their tender age. This
principle, while not laid down in any statute, has by practice or convention, become part of the country's law. It was first
pronounced by de Villiers, C.J. in the South African case of Reg.
vs Lourie, 1982 S.C. Following this case, it is now part of Zimbabwes settled legal principle that:
(i) children under seven are regarded as being incapable of committing crime, doli incapaces. They are considered to be lacking any reasonable understanding and not capable of
distinguishing between right and wrong, and for that reason they cannot be held criminally responsible for their actions. This principle is regarded as an irrebuttable presumption of law, that
is, it cannot be challenged. It has since become a recognised rule of law.
(ii) Children between seven and fourteen are also doli incapaces.
although in their case the presumption can be rebutted by.any evidence that the state may advance in a prosecution, to
establish direct mens rea on the part of the child concerned, depending on the circumstances of the case in question. Any evidence led by the prosecution to show that the child knew that he was doing wrong would suffice to rebut the presumption of
incapability to commit a crime.
(Ill) Children over fourteen years are regarded as capable of appreciating and committing a crime, doli capaces. They would
therefore be different from the first two categories and they
would be treated as adults, except that with regard to sentence,they would be treated differently.
The three categories therefore reflect what Zimbabwean law regards as the age of criminality, and how the categories are treated. In short, category one could never be prosecuted, while the next two are prosecutable. -It is important to note that as a matter of practice in Zimbabwean law, the authority of the
Attorney General is required before a juvenile is prosecuted for any offence. Thi s provision i s to ensure that.prosectuions of juveniles are properly controlled and no prosecution of juveniles is carried out without justification. The authority is given after the office of the Attorney General has scrutinised the document and any evidence gathered by the police to be used in the prosecution.
(c) Status Offences
While most of the offences committed by juveniles are the common ones such as theft, house-breaking with intent to steal and theft, and assaults, a few of these are clearly status
offences. A good examples is that of glue and petrol sniffing.
This is done usually by the youngsters who have developed a habit
of taking prohibited drugs when they can get them. However, when they cannot obtain or afford them, they resort to sniffing glue or petrol in order to get the required intoxication. Sometimes glue or petrol sniffing is also done even by those juveniles who have never taken any drugs, but who envy their peers who take
them and get intoxicated. It is the desire to be intoxicated which leads to this behaviour and eventually to taking real drugs.
Assaults can also be classified as status offences,
especially where the assaults are related to establishing some form of superiority in a group of juveniles and can result in either an individual, or a group of individuals establishing
fe within a given ar*«, «i* woeial grouping.
Some other types of offences depend on the social
environment of a particular juvenile group. For examples, where there are many juveniles*who commit such an offence as
shop-lifting, it becomes a status offence in that the influence of other juveniles could lead others in that age group to commit the same offence when they see what their peers get from
shop-lifting. There are many examples of such cases, especially in the urban areas.
(d) Judical Facilities
Judical facilities for juvenile offenders are mainly those created by the provisions of section 3 of the Children's
Protection and Adoopiton Act, and sections 29 and 30 of the Act, Chapter 33. According to section 3, the Minister of Justice may establish a juvenile court in any area in the country, and every magistrate's court shall be a juvenile court for any part of the country or its jurisdiction in which no juvenile court has been established. It should be noted that when a juvenile has been tried in a court of law, the trial court will usually refer the
juvenile to a juvenile court which will enquire into his case and
the circumstances in which the crime was committed, thejuvenile's personal circumstances, and make an appropriate order regarding his treatment thereafter.
Section 29 and 30 provide for the establishment of places of safety for children in need of care, remand homes for those
awaiting trial, and institutions and training institutes by the
Minister responsible for Social Welfare- These instituions, all
certified, are under the management of the Director of Social Welfare, and include the following:- Blue Hills Hostel and Remand Home: Gweru
This institution accepts deliquent and problematic boys as well as young persons who have been committed through the courts.
It is a certified institution according to secion 31 of the
Children's Protection and Adopiton Act. It also accepts neglectd and adopted children and offers vocational training to inmates
who may remain in the institution until they have attained the age of 18 years. Blue Hill also serves as a remand home for those who are awaiting trial.
- Kadoma Training Institute or Reformatory
This is a reformatory for juveniles who have been referred by the courts, usually after conviction, if it is determined that they need training and rehabilitation. Tn general, only
difficult male juveniles are referred to Kadoma where inmates are under strict discipline and receive training in various skills.
Others go there on transfer from other institutions according to section 39 of the Childrensvs Protection and Adopi ton Act which allows the Minister to transfer juveniles by issuing a
certificate. The Institute can release a juvenile on licence and under conditions that he should be under the supervision of a probation officer. Moreover, the Kadoma Training Institute also serves as a prison for juveniles.
- Highfield Probation Hostel: Harare
This institution offers vocational training to juveniles of between 10 and 16 years of age. Although it was initially
establi shed for boys only, it now accepts girls as well. The inmates are deliquent or problem boys and girls who have been committed through the courts, or are destitute and neglected children in need of care. The institution also has a remand section for juveniles who are waiting for trial at the courts.
By July 1990, this institution had 162 boys and 52 girls placed there as a place of safety, 69 boys and 10 girls on remand, mainly for theft. In addition, 299 other children had been placed there for safety at different times.
~" Lowdown Lodgei Mutare
London Lodge was first established mainly for European girls in need of care, between the ages of 14 and 18 years. It is a certified institution, and the inmates attend local schools while vocational training is offered in dressmaking, domestic science
and commercial training.
- Luveve Training School for Girls
The institution is for girls who are destitute, neglected, or problematic, as well as those who have been referred by the courts after trial for crimes. It offers academic and vocational training on the premises and is a certified institution in terms of the Children's Protection and Adoption Act.
- Luveve Remand Home
This is a remand home for both boys and girls who are facing allegations of committing crimes and are waiting trial.
- Northcot Trai nino Institute
This institution is a reformatory for the reception, training and maintenance of juveniles committed by the courts according to Criminal Procedure and Evidence Act Chapter 59; and the Childrens* Protection and Adolption Act Chapter 33. It is managed by a Board appointed by the Minister. The Board has authority to release juveniles on licence subject to good
conduct. It offers both academic and vocational trianing on its premises.
- Percu Ibbortson Probation Hostel: Luvev and Bulawavo
This is a certified institution which accepts male
juveniles, especially deliquent or problem boys and young persons referred by the courts in the age range of 10 to 16 years.
Destitute and neglected children are also accepted and academic education is offered in 'addition to vocational training on the premises. The inmates can study at the institution up to the age of 18 years.
- Barham Green
Barham Green accepts deliquent and problematic children as well as young persons of both sexes who are referred to it by the courts. The inmates are encouraged and assisted to attend school until they are 18 years of age.
Sometime ago, juveniles used to be sent to South African institutions for vocational training but this practice has now stopped. It should be pointed out that a certain number of juveniles are placed in ordinary prisons if they are at small centres where there are no remand homes. However, the Department of Prisons does take steps to ensure that such juveniles are kept separate from adults. There are however some cases where it is found on enquiry that the juvenile's character or conduct is such that he or she has to be treated like an adult, according to the circumstances of each case.
The above-mentioned facilities are supervised by the
Department of Social Welfare, and judicial officers make regular visits to the institutions to ensure that all the necessary
requirements are complied with. However, a close study of these institutions and the large number of juveniles they cater for suggest that there is need to build more such institutions because of the need to suprevise each individual juvenile closely. It is important that careful observation of each
individual inmate at these institutions be made in order to
monitor and follow closely progress they make towards reform and rehabilitation. Therefore, in order to make the programmes of these insitutions more effective towards reform, probation officers at these places should deal with a smaller number of
juveniles at a time in order to give each inmate adequate supervision. One cannot of course overlook the financial
constraints to this approach as it would requi re a lot of funding to build more institutions and to employ additional staff.
TOTAL JUVENILE POPULATION WITHIN THE CRIMINAL JUSTICE SYSTEM AND PROPORTION TO TOTAL POPULATION IN THE SYSTEM
The majority of juveniles who pass through the criminal justice system are generally dealt with through the magistrate's courts, which can either sit as juvenile courts pursuant to the Children's Protection and Adoption Act, or can refer juveniles to the juvenile court.
(a) In Custodial facilities
The Department of Social Weflare does not as yet have the returns for 1989, but figures obtained from the Magistrate's Court indicate that in 1989, a total number of 2,029 juveniles were brought before court. Of these, about 40 were referred for placement in institutions- In the absence of returns however, it
is difficult to establish how many stayed in institutions at any one time and for how long.
Returns from the Department of Social Welfare for 1988 show that a total of 733 juveniles passed through the courts, of whom only 28 were sent to institutions. It should be pointed out that referral to institutions depends on the availability of a place.
Often when there is no place, the court would consider an
alternative in the form of a suspended sentence, or postponement of a sentence. As of July 1990, 146 juveniles were waiting in prison on remand. These have since been either released or placed in other institutions.
(b) In diversionary programmes
The same figure given for those in institutions would represent those in programmes organized by the various
institutions, that is, 28 for 1988 and 40 for 1989. To be added to these figures are those who would have been in the
institutions already at the time the new inmates were admitted.
(c) In after service care
In the absence of returns from the Department of Social Welfare, it is difficult to establish figures on those in after
service care as most of■these would have been either placed in employment, schools or with their parents for further
supervision. Figures for juveniles under probation or parole were not available.
(d) Aae and Sex
The information from Social Welfare does not indicate the age range. As regards sex, of the 733 juveniles registered for
1988, 625 were male and 108 female. Of those tried in the courts in 1989, 1625 were male and 343 were female. Unfortunately, the ages are not given, but the majority were in the 14-16 age group.
Of the 146 in prison in July 1990 all of whom happened to be male, 94 were 16, 41 were 15, 9 were 14 and 2 were 13 years old.
(®) Type of Offences
Of the 1989 figures from the courts, 869 cases were for theft, 348 for housebreaking and theft and 20 cases were for assault. Of those in Prison in July 1990, 94 were for theft, 21 for house- breaking and theft, 4 for rape, 10 for robbery, 5 for assault, 2 for drugs and the rest were for other minor offences.
JUDICIAL PROCEDURES AND MEASURES (a) Investigations
When a juvenile is involved in any form of criminal
activity, he is usually reported to the police. The police makes the initial investigation, and after satisfying themselves that there is a need to make an arrest, they arrest the suspect and proceed to further investigate the matter.
Under normal circumstances, part of the investigation should include taking the suspect to the police station for questioning.
Under the present practice however, once the police has
established that the arrested suspect is a juvenile, they should advise his/her parents if they are not already aware of the
arrest, and should also report the arrest to the Department of Social Welfare. Depending on the cirumstances of the case, or
its serious nature, the police may either detain the juvenile for further investigation or release him to the custody of his
parents or guardian. Subsequently, the juvenile will be taken to court for a formal remand, pending further investigation and
arrangements for trial.
At the remand proceedings, the court may either remand the juvenile into the custody of his parents, or in a remand home which is an institution designated for that purpose as stipulated
in the Children's Protection and Adoption Act, Chapter 33. If the juvenile is remanded into the custody of the parent or
guardian, such parent or guardian will be required to bring the juvenile to court whenever he/she is required. Both the police and the Department of Social Welfare will be allowed access to the juvenile to carry out the necessary investigation on the case. It is important to note that during the investigation by the police, if it becomes necessary for them to record a warned and cautioned statement from the juvenile, it is an established practice that the parents or guardian as well as the probation officer from the Department of Social Welfare should be invited to attend.
(b) Investigations by Probation Officer
The probation officer is given details of the alleged crime by the police and the surrounding cirumstances so that he can
investigate the matter. His investigation is not for the purpose
of prosecution, but to establish the personal circumstances of the juvenile, and compile a report on the juvenile which will be produced to the trial or juvenile court, depending on the outcome of the trial.(c) Prosecution
As a matter of practice, no juvenile is prosecuted in a court of law unless the authority of the Attorney-General is first obtained. This pracice helps to ensure that juveniles are not prosecuted unneccessarily, and that the prosecution takes place when the Attorney-General has satisfied himself of the desirability to proceed with the prosecution.
The juvenile, if on remand, will be advised of the trial date, and so will the parent or guardian into whose custody he is remanded. If he is not on remand, section 61 of the Criminal Procedure and Evidence Act, Chapter 59 requires that if he is summoned for a preparation examination, the parent or guardian shall also be summoned to appear in court. The same applies i f the juvenile is summoned to appear for trial. The parent, once summoned, will attend the proceedings until they have been
completed. The trial is expected to proceed in accordance with
the provisions of the Criminal Procedure and Evidence Act.
(d) Assistance by Parent or Guardian
During the trial, the parent or guardian may assist the
juvenile by raising certain questions to be put to the witnesess during cross examination. The questions can be put by the parent
or guardian to the witness on behalf of the juvenile, or theparent or guardian can merely raise the points on the basis of which the court can ask questions.
The trial of juveniles takes place in a closed court,
generally referred to as trial "in camera". Only authorised
persons may attend, including parents, court officials and others authorised by the court. Section 73 of the Criminal Proceure and Evidence Act as amended by section 5 of Act 37 of 1975, prohibits any publication of the identity of any juvenile who is appearing
in court, unless the presiding officer holding the preparatory examination, or the Minister of Justice, is of the opinion that
the publication would, in the circumstancs of the particular
case, be just and equitable, and in the public interest or in the
interest of any particular person. The Minister may permit
publication by issuing a written order dispensing with the
prohibition. During the trial of a juvenile, the pesiding
judicial officers usually explain the proceedings to juveniles
who are not represented by legal practioners, to ensure that they follow the proceedings and understand their rights.
(e) Adjudicating Authori ty
Any judge or magistrate may preside and adjudicate over a trial of a juvenile- Magistrates are given jurisidction over all persons within their area of jurisdiction by the Magistrates
Court Act Chapter 18, while judges of the High Court have unlimited jurisdiction over all persons within Zimbabawe. In
this connection, Section 3 of the Children's Protection and Adoption Act Chapter 33 provides that:
" (i) The Minister of Justice may, after consultation with the Minister responsible for Social
Welfare, establish a juvenile court for any area of Zimbabwe, and; (ii) Every Magistrates Court shall be a juvenile court for any part of the area of its jurisdiction for which no juvenile court has been established in terms of
subsection (i)"
Section 4 (i) of the same Act provides that: "The Minister of Justice shall appoint a Magistrate to preside over a juvenile court established in terms of subsection (i) of section three"
From the above, it is clear that both magistrates and judges are the authorised adjudicating authorities generally, while
magistrates are given spcial authority when they sit as a juvenile court.
It should be noted that a juvenile can be tried by a
magistrate, senior magistrate, provincial magistrate or judge of the High Court, depending on the nature of the crime and the
sentencing jurisdiction anticipated. This requirement is usually relaxed where it is clear that the sentence expected will fall within the jurisdiction of a more junior magistrate. An example
of this is the fact that all rape cases are tried by regional magistrates, with sentencing jurisdiction of up-to seven years, but because of a juvenile charged with rape is not likely to be given such a sentence, he can be tried by any magistrate who can
impose a lesser sentence or make any order which would have been made by a juvenile court.
Cf) Disposition/treatment
At the end of the trial, if the juvenile is convicted, he may address the court or lead evidence in mitigation of sentencet on his own, or with the assistance of his parent or guardian.
The probation officer would have, during his investigation, interviewed both the juvenile and his parents, as well as any witnesses in the case. Even the juvenile's headmaster could be
interviewed in order to obtain more detailed information on the juvenile's personality and behaviour, in order to produce a report which will assist the court to understand the juvenile's position and make a more informed assessment of him/her, and how he/she should be treated.
This report is produced to the court and the juvenile is given an opportunity to challenge it if he so wishes. The report usually givens a resume of the juvneile's background, character, behaviour under different cirucmstances, taking into account any particular matters that may have any bearing on his up-bringing, and the circumstances of the offence committed. At the end of the report the probation officer makes a recommendation for consideration by the court as to how the juvenile should be treated. Depending on the different circumstances of each case and of the juvenile concerned, that court may make any of the following orders.
- impose a wholly suspended setnece on conditions of good behaviour,
- suspend the passing of sentence on conditions of good behaviour,
- refer the juvenile to a juvenile court to be dealt with in terms of the Children's Protection and Adopotion Act,
Chapter 33
- order that the juvenile be placed in a certified training institute or reformatory as the case may be.
The probation officer's report plays a very important role in this, as he will advise the court even on the availability of a place at the reformatory or training institution most suitable for the juvenile.
Institutional disposition
A juvenile can be disposed of by being referred to any
certified institution suitable for his age, treatment andpeculiar circumstances. This could be to any of the certified institutions referred to in this report under judicial
facilities. A juvenile can stay at an Institution until he attains the age of 18 years, or he is released on licence.
Supervision is part of the treatment at any of these
institutions, including counselling aimed at reformation and rehabilitation.
- Non-institutonal disposition
A juvenile can also be returned to his parents or guardian, especially where the passing of sentence has been postponed on condi tions of good behaviour, or where a wholly-suspended
sentence is imposed. The juvenile can be subjected to regular supervision by the Probation Officer who will make visits to his home or school to assess his progess in reform. Headmsters of schools often play a very important role in this, as they too help in the supervision of juveniles under their care.
- Semi institutional disposition
A juvenile can be assisted to get a place at school, and once enrolled, the Headmaster is advised to keep a close watch on the juveniles behaviour. The Probation Officer has access to the juvenile and visits him for supervision and counselling as and when necessary.
(g) Type of institutions for incarceration for pre-adiudication and post adjudication
- Pre-Adiudication
Institutions used for pre-adjudicating incarceration are remand homes and the ordinary prisons where there are no remand homes. These remand homes include Blue Hill, High Field, Luveve and Northcot, already referred to in this report. In addition, some towns have very small places where juveniles are placed on remand, and for remand purposes only. Some of the prisons have small spearate wings in their establishment, used mainly for juveniles who are on remand, and designed to keep them separate from the adults.
- Post-adjudieating institutions
The institutions used for post-adjudicting incarceration are the following: Blue Hills Hostel - Gweru, Kadoma Training
Institute (Reformatorz), Highfield Probation Hostel - Harare, Lawden Lodge - Mutare, Luveve Training School for girls - Bulawayo Percu Ibbotson Probation Hostel - Bulawayo, Northcot Training Institute - Harare, and Barham Green - Bulawayo. These
institutions are mainly for training those juveniles who, after trial, will have been referred or committed to these places by the courts. Consultations take place between the courts and the Director of the Department of Social Welfare in order to
ascertain that there is a place for the juvenile before an order is made for his or her placement to the institution.
(h) Type and scope of discretionary measures and safeguards The court exercises a lot of discretion in determining the appropriate treatment for juveniles. The court can order any of the following methods for handling of the juvenile:
- the juvenile be returned to the parents and that they care of him,
- he be returned to his parents and he placed under the supervision of a probation officer,
- he be placed in an institution for training, or
- the passing of sentence be postponed for a certain period subject to good behaviour by the juveni1e.
In making any of the above orders, the court is usually guided by the reports or recommendations of a probati on offi cer who wi11 have made some investigation on the juvenile and made recommend at ions to the court. These safeguards are under the supervision of the probation officer who has access to the juvenile and wi11 ensure that, if necessary, the juvenile could be returned to the court, and the court could cancel its order or change it where necessary. An example of this is the fact that a juvenile who does not co-operate with his parents or Headmaster of his school, can be withdrawn and placed in an institution where discipline is more strict.
C i) Difference between judicial proceudrea and meaaurea for juveniles and those for adults
The differencs between judicial procedures for adults and those for juveniles relate mainly to the manner in which arrests, trials and sentences are carried out. When the police arrest an adult, they merely detain him for questioning where necessary, and there is no obligation on them to identify and advise his relatives. In the case of juveniles, the police have to trace the juvenile's parents or guardian and advise them of the arrest.
The Department of Social Welfare is also notified of the arrest of a juvenile so that they too can investigate and compile a report on him. Sometimes the probation officer can intervene on behalf of the juvenile and request the police to release the
juvenile to his parents or guardian if he finds this to be in the interest of the juvenile.
Should it be necessary for the police to record a warned and cautioned statement from the juvenile, the parent or guardian and the probation officer are permitted to attend and hear what the juvenile has to say. This is not the case with adults. The presence of a parent or guardian is important as it helps to
instil some confidence in the juvenile when he makes a statement and it also serves as a check against over-enthusiastic police officers who may not be accurate in recording what the juvenile says, or who might make additions or leave out certain points in order to strengthen their case against the juvenile. A juvenile who finds himself alone with strangers is likely to be frightened
and may even admit what he does not understand or intend to admit. Police officers will not be inclined to influence the juvenile in any way in the presence of his parents or guardian.
During the trial of a juvenile, the court usually sits in camera, that is, it is cleared of member of the public, and only
the parent or guardian, the probation officers and other court officials may attend, while trials for adults ar& held in open court. Should the case of a juvenile be postponed, the court may
order the parent or guard!an to take the juvenile into his
custody and bring him back on the date of the resumption or conti nuation of the trial.
During the trial, the parent or guardian of the juvenile is permi tted to assist the juvenile and can even put questions to
the witness in cross examination on behalf of the juvenile, or draw the courts" attention to any points raised for the court to question the witnesses. The presiding officer will often go out of his way to explain, assist and ensure that the juvenile
understands the proceedings and the procedure to be followed as well as his rights.
At the end of the trial, if the juvenile is convicted, the court will usually hear the probation officer's report which the court will nearly always take into account in passing a sentence, as it is this report which usually suggests how the juvenile
should be treated. Sentences passed on juveniles are different from those imposed on adults and in Zimbabwean law a juvenile, cannot be given a death sentence.
(j) Handling of records of juveniles offenders
Records for juvenile offenders are handled with special care. They are not treated as public records 1 ike those of ordinary cases for adults.
The Criminal Procedure and Evidence Act prohibits the
publication of the identity of any juvenile who is appearing in court. The prohibition extends the protection even to those cases which have been disposed of and completed. Only court officials or officers of the Department of Social Welfare have access to such records. They are even kept separately in a safe place where even those court officials who are not involved in
juvenile court would not normally have access to them except on request or by special arrangement. After a certain period,
usually when there is no longer a need to keep them at the court, the records are carefully packed in specially-labelled cartons and forwarded to the national archives where they are carefully stored and released only to those authorised through written request to the person-in-charge of the archives.
(k) Problems and constraints
Most developing countries do not have suitable facilities to handle the problem of juvenile criminality satisfactorily.
Zimbabwe is not an exception to this situation. In order to engage in more meaningful rehabilitation programmes, a lot of facilities and expensive infrastrucuture are required as well as
personnel to enforce and supervise the programmes. Some of the problems and constraints are discussed hereunder.
Institutions
As juveniles are of different age groups, it would be preferable to keep the various age groups separately and to
design rehabilitation programmes that suit each group. As at the moment, the institutions disucssed earlier are not suitable for all age groups and quite often they cannot cope with the large number of juveniles referred to them. The same institutions are also used for children in need of care and as places of safety, in addition to catering to those who have been referred by the courts. It is also undesirable to mix with those who simply need a place of safety and care those juveniles who have been involved in criminal activities as the latter are likely to be influenced by the former.
Training
In order to give any meaningful skill training, there is a need to improve the type of skills to be taught and to employ properly qualified personnel to provide the required training.
Financial constraints make this almost impossible. Moreover, training in specific skills requires the availability of the necessary tools, which again are expensive and difficult to obtain.
Employment
In order to assist the juveniles in rehabilitation, it would be useful to ensure that when they leave the various institution after training they are placed in various employment places where they can be engaged in meaningful work, rejoin society and earn a living using their acquired skills. This way their attention could be effectively diverted from criminal activities.
Unfortunately the problem of unemployment in the country is so critical that it is difficult to effect job placement for such juveniles.
Acceptance by ....Society
There is also a need to educate society to understand the piight of these juveniles and to get society to accept them back and help them to reform. Quite often society tends to begrudge and reject the juveniles and regard them as young criminals, and not readily appreciate that they can be assisted to reform into good citizens.
Social Workers
There is also a shortage of social workers in the country to handle the growing number of juveniles. Probation officers are
all employed by the Department of Social Welfare but they are so few in number they cannot meet the growing demand for thei r
service. There is only one School of Social Work which offers certificate and diploma courses in social work for the whole country. The national university also trains social workers at
the degree level. But the demand for social workers in the
country by both the public and private sectors is more than these institutions can meet,
DIVERSIONARY MEASURES (a) Available facilities
Local authorities such as municipalities, play a very important role in providing facilities for young people, in certain social activities. These are in the form of stada for soccer, tenni s clubs, swimming pools, farmers* clubs and others, for a variety of activities. These clubs have leaders some of whom are trained social workers who work with, and supervise the
juveniles in various activities.
They are found in nearly all the townships or suburbs of the cities. Young people can be members and are encouraged to join and utilise the available facilities. The range of activities is such that they also cater for some and the needs and interests of the local people. Unfortunately, while these facilities may be available in most urban areas, they are non-existent in rural
areas.
(b) Effectiveness
It is appreicated that these clubs play a very important role in the lives of young people. They get the opportunity to mix with others and in the process learn how to play together, work as a team and behave towards each other, and how to
co-operate and depend on each other.
Many skills are also learnt by some of the young people at this stage, and it is known that some of the best soccer and tennis stars in the country acquired their skills in these clubs and later continued to develop and improve on them to stardom.
These clubs keep the juveniles occupied and divert them from criminal activities. All this is known to have a therapeutic effect on young people and to play a very important role i n helping them to adjust and reintegrate into their societies.
(c) Suggestions for new approaches
Tt is necessary to increase these type of facilities so that every young perons can have the opportunity to make use of them.
It is important also for the authorities in rural areas such as the rural councils, to provide the same facilities for rural youth so that they also can have the opportunity to learn and to
improve their skills in sports and other social activities, like their urban counterparts. If possible, schools should be
provided with adequate funds to equi p them to teach more industrial skills which can be used by young people in the
future, especi ally those who drop out before qualifiying for high school.
New approaches need to be investigated with regard to penalties imposed on young offenders. The penalty should be directly related to the offence committed. In this way, the juvenile will appreciate the need to adjust his conduct
accordingly as he sees and appreciates the link between his offence and the punishment imposed on him.
PROVISION FOR SPECIAL NEEDS OF JUVENILES IN CONFLICT WITH THE LAW AT VARIOUS STAGES
The above topic can best be looked at under the following headings: on arrest, during trial, after trial and during
rehabilitative treatment.
(a) Provisions on arrest
On arrest, juveniles are detained in remand homes which are certified institutions established according to Children's
Protection and Adoopiton Act Chapter 33. Social workers are
usually brought in to investigate the background of the juvenile and prepare a report as well as make appropriate recommendations regarding the most suitable rehabilitative treatment for the juvenile concerned. Where there is no remand home, as it often happens in some areas, the juvenile is remanded at the local prison which will, in most cases, place the juvenile separately from the adults whereever possible, or arrange, in consultation with the court and the Department of Social Welfare, for a
transfer to a suitable place.
(b) Provisions during trial
Arrangements are made on trial for the parents to attend the trial of a juvenile. Where the parent is not available, the
guardian is usually requested to attend. Special provi sions
during the trial are made for a closed court where members of the public are excluded, and publicity of the juvenile's identity is prohibited. The idea is protect the juvenile and to ensure that he is not overwhelmed by a court full of strangers watching and
listening to him during the trial. At the end of the criminal trial, the juvenile may be referred to a juvenile court which again is established according to the Children's Protection and Adoption Act Chapter 33. This court operates under a very
relaxed atmosphere without any of the tension that is found in an ordinary criminal law court.
(c) Provisions after trial
The criminal court or the juvenile court will usually make an order following or after considering the probation officerxs report. The juvenile may be placed in any of the training
institutions while being given an opporunity to reform and
acqui re practical skills. A lot of supervi si on and counselling is provided in these training institutions and juveniles are trained sometimes under tough disci piinary measures designed to help them to improve thei r behaviour. Unfortunately, these provi sions are sti11 considered inadequate as there are not
enough institutions in the country to cater for all the juveniles who are in conflict with the law.
Most of the special provisions relating to the punishment of juveniles are provided for in section 327 of the Criminal
Procedure and Evidence Act Chapter 59. This section stipulates that any court before which a person under the age of nineteen years has been convicted of any offence, instead of imposing a punishment, a fine or imprisonment on the offender, subject to the provisions of subsection (1) of section 314, may consider the following option:
- order that he be taken before a juvenile court and dealt with according to the Children's protection and Adoption Act Chapter 33; or
- after ascertaining from the minister of Labour and Social Welfare that accommodation is available, order that he be placed in a training institute in Zimbabwe for the period specified in subsection (1) of section 328.
Furthermore, any court before which a person who is nineteen years of age or more but who is under twenty-one years of age has been convicted of any offence other than murder, treason or rape, instead of imposing a punishment or a fine or imprisonment on him for that offence may:
- order that he be placed -under the supervision of a
probation officer or any other suitable person designated in the.order, for the period specified in subsection (1) of section 328 and that he shall reisde as directed by the court from time to time; or < ... ,
- after ascertaining from the Minister of Labour and Social Welfare that accomodation is available, order that he be placed placed in a training institute in Zimbabwe for the period specified in subsection (1) of section 328.
Any court which sentences a person under the age of nineteen years to a whipping may, in addition to imposing that punishment, make an order according to subsection (1). Where a magistrate^
court orders that a person be placed in a training institute or a reform school, such court shall forward the proceedings to the
registrar of the General Division for review and the provisions
of section 63 to 65 of the Magistrate Court Act Chapter 18 shall mutatis mutandi s} apply in relation to any such review.
Whenever any court orders a person to be detained in a
training institute or a reform school, a warrant shall be issued by the court for that purpose setting forth the offence for which such a person has been convi cted and his age and the said warrant shall be trans mitted to the Director of Social Welfare and shall be the authority for the convenance of that person to that
training institute or reform school and his detention therein.
With this warrant, the court shall also transmit to the Director of Soci al Welfare an account of the hi story and descendance of the person who is the subject of the warrant so far as may be ascertainable by the court.
For the purposes of this section "reform school" means a reform school as defined,in section 1 of the Children's Act, 1960 as amended from time to time; "training institute" means a
training institute as defined in section 2 of the Children's Protection and Adoption Act (Chapter 33).
TREATMENT OF FEMALE OFFENDERS
Female offenders are always treated differently from male offenders by the Zimbabwe laws. The difference is not in the application of the laws, but in the treatment they get at the hands of the various law enforcement agents at various stages, who take sex differences into full consideration.
(a) Treatment by Police
On arrest, a female juvenile should, as soon as possible, be placed in the custody of a female police officer. While there is no clear law which says this should be the case, it has become an established practice that even detaining and contact with a
female person under arrest should be by female officers.
(b) Search
Whenever it becomes necessary to search a female suspect, the practice is that a female officer should carry out the
search. This satisfies the requirements of section 45 (4) of the Criminal Procedure and Evidence Act Chapter 59. Where there is no female officer, a female individual must be requested to carry out the search, which must be in privacy and strict decency must be observed. This decorum applies to both juvenile and adult females.
(c) In Prisons
In prisons, female prison officers look after female
prisoners. Most large prisons such as Chikurubi in Harare and Khami in Bulawayo actually have separate wings especially
designated for females inmates. Female Prisons Officers also escort female prisoners to court or around the prisons when th^y are going about their duties. As a matter of practice all the other facilities in the prison are allocated according to sex.
(d) Sentencing
The imposition of sentences of strokes on offenders have been outlawed in Zimbabwe by the Supreme Court. However, even before this, while it was still lawful to impose strokes as part of a sentence, female prisoners were exempt from this type of sentence. Strokes were often regarded as the most common "way of punishing juveniles, but this was never meted on female juveniles who are clearly exempted from such punishment by section 332 of
the Criminal Procedure and Evidence Act Chapter 50.
Moreover, a female prisoner sentenced to death may not be executed if she is found to be pregnant. Likewise, she may not be sentenced to death if she is discovered to be pregnant.
(e) In Training Institutions
The training institutions to which juveniles are placed for training are also different for males and females; as exemplified by the Luveve Training School for girls and the Lowdon Lodge in Mutare for training girls.
MEASURES FOR RE-EDUCATION AND RE-INTEGRATION INTO SOCIETY The present measures for re-education and re-integration into society of juveniles are not satisfactory and need a lot of improvement. Much of the infrastructure need to be increased to meet the various needs of juveniles who need corrective
institutions. At the moment only the following facilities are available:
(a) Vocational and skills training
This is provided to juveniles of both sexes, at the various institutions established for that purpose, as specified in the Children's Protection and Adoption Act Chapter 33. These are established by the Minister of Labour and Social Welfare and are supervised by the Department of Social Welfare. Juveniles learn various skills which are intended to assist them in obtaining employment, or engaging in some type of self-employment.
(b) Acaderoi c Education
This is offered to those young offenders who need some formal education before they are accepted in vocational
institutions or to those juveniles who opt to do so, as it is expected that some would do well in academic education, were it
not for their criminal activities which result in their being deprived of the opportunity when they are arrested. In tht s way
those who interupt their academic studies are given the opportuni ty to continue while they are under arrest or
correction. Some of the institutions established under the
Children's Protection and Adopiton Act make special provision for academic education, or arrangements can be made for juvenils to attend normal schools whi1e they reside at the speci al
instititions. It has also been noted that attainment of a higher academic qualification helps some of the juveniles to change and better respond to treatment for reform.
(c) Counsel ling with Parents and Relatives
Parents and relatives are encouraged to participate in the counselling of their children who have been in conflict with the law. Allowing the juvenile to be released to his parents has great advantage in that he receive supervision while in the actual home situation where he should normally be, and his adjustment is easier to notice in this type of environment as opposed to a different envi ronment from which he is later removed.
(d) Supervision and Assessment of Adjustment
Probation officers from the Department of Social Welfare play a very important role in supervising juveniles to assess progress in reform or adjustment. Juveniles are released to the custody of parents and the probation officer visits both the parents and the teachers or headmaster if the juvenile is attending school, where he interviews the juvenile and the teachers In order to assess his progress.
(e) Job Placement and Assurances
Juveniles are assi sted to obtain employment and rejoin society to work and earn an income for themselves. There is a lot to learn for a juvenile who is placed in a situation where he has to mix with other people, emulate their behaviour at work, and generally socialise both at work and after work with the newly—acquired confidence in earning an honest living.
There are problems however associatd with this arrangement, because it is not always easy to find employers who will readily take a reformed juvenile into their establishment. There is therefore the need to educate society on this aspect because quite often, even where the employer accepts the juvenile, in view of the very knowledge of his background, other workers can easily make it difficult for him to re-integrate into society.
Consequently, he may feel rejected, and even revert to his criminal behaviour. In addition, the problem of unemployment militates against reformed juveniles obtaining job placement and opportunities. However, evidence indicates that where juveniles have acquired some skills and get the opportunity to be employed,
there have been notable successes in terms of reform and rehabi1itation. It becomes almost wasted efforts for the
institutions to train these juveniles for jobs which they cannot find when they leave the institutions. However, evidence
indicates that where juveniles have acquired some skills and get the opportuni ty to be employed, there have been notable successes in terms of reform and rehabilitation.
THE ROLE OF THE FAMILY, COMMUNITY, SCHOOL AND OTHER INSTITUTIONS IN THE ADMINISTATION OF JUVENILE JUSTICE AND IN THE
REHABILITATION OF THE JUVENILE OFFENDERS (a) Role of the family
Counselling by the family, which has been discussed earlier, has played a very important role in the rehabilitation of
juveniles offenders. Some examples of family members who have been successful in rehabilitating their young members have
provided a positive influence on those juveniles who are keen to copy such exmaples. Quite often, the manner in which a juvenile is treated by members of his own family helps to provide an
environment which is conducive to reform. Where it is felt that the juvenile"s home environment is not suitable for
rehabilitation he is usually removed from the parents or guardian to one of the institutions designated as a place of safety and
care-
In counselling those juvenile offenders placed with their families, it is imporant to watch the overall situation of the family. Where it is determined that parents cannot influence the rehabilitation of their child, the usual practice is not to place him with his parents.
ED) Role of school
Juveniles who are assisted to continue schooling are supervised by both the probation officer and the teacher or
headmaster of the school. The offender has an opportunity to mix and socialise with other young people of the same age, and quite often he will get influenced by the behaviour of other well- behaved children. Unfortunately this is not always the case in
institions where the juvenile might actually be socialising with others of bad character, from whom he learns deviant behaviour.
For that reason, education in an ordinary school is preferable to that in institutions established especially for deliquent
juveniles. On the other hand, it is important to point out that institutions established for juveniles have the advantage of
strict discipline and offenders are kept under strict control and supervision at all times.
(c) Role of the Community
The community in which one lives plays a very important role in shaping one's character. Some communities are very close and
tight, and have strong cultural ties. This strong and close
relationship makes members of the community feel that they belong to one another and often will not want to offend or cause injury to each other. In this case, quite often, problems that arise wi11 be between one community and another, or between individual members of one community and members of another. Sometimes
communi ties group around tribal lines, while at times the grouping could be as a result of political influence, or
leadership in the form of chiefs and headmen.
Children brought up in such tightly - controlled communities tend to respect and behave according to the checks and balances of their respective communities. Consequently, deviant behaviour
is di scouraged and easily controlled and specific sanctions are applied to offenders.
(d) The Role of Religion
A sizeable number of Zimbabweans belong to some kind of a religious organisation. All the well-established churches are represented in the country in both urban and rural areas, where,
in addition to various religious activities, they run mission primary and secondary schools. Outside the school system
religion plays a very important role in shaping the ethical and moral philosophy and attitudes of young people. In the schools,
it constitutes an important part of education and plays a key role in influencing the behaviour of youth. The belief and fear
instilled by the church, of possible terrestial and/or celestial puni shment for offenders helps to keep juveniles away from
deviant behaviour.
FACILITIES FOR TRAINING OF PERSONNEL INVOLVED IN THE
ADMINISTRATION OF JUVENILE JUSTICE AND THE REHABILITATION OF OFFENDERS
(a) Social Workers
The School of Social Work, and the University of Zimbabwe offers certificate, diploma, degree, and post graduate courses in social work, as has already been mentioned in this report. There are also a few soci al workers who have been trained outside the country. So far there is very little specialisation, yet the training should be broadened to cover specific areas such as sociology, psychology, and medical social work.
(b) Law Enforcement Officers - Prosecutors
These are usually law graduates of the University of
Zimbabwe who are attached to the office of the Attorney General.
They prosecute cases in the courts in the name of the Attorney General. Training in prosecution is also provided at Domboshawa,
a government train ing institution which admi ts those who have completed secondary education at 'o* level. Those who
successfully complete the training can prosecute cases only in the Magistrate's Courts, but not at the High Court.
- Magi strat.es
Magistrats are usually law graduates who recieve some in- service training starting as magisterial clerks, then becoming prosecutors, and finally they get appointed as magistrates after gaining the necessary experience. Non-graduate magistrates are ofFered training in the same way as non-graduate prosectors, but a policy decision has recently been made not to train more
magistrates of this level. In the future, entry to the magistracy will be limited to those who have completed an acceptable law degree.
- The Police
Police officers are trained at the National Training Depot, the only one in the country. Courses are offered at different levels of constable and patrol officer, depending on the entry qualifications. Unlike other countries where the police force is
the responsibility of the local authority or municipality,
Zimbabwe has a national police force while local authorities also have their own. The Zimbabwe Republic Police is the national force, and operate all over the country, while the Municipal Police has jurisdiction only within thei r municipal areas. The Zimbabwe Republic Pol ice are responsible for the arresting and
investigating all cases that eventually go to court for prosecutions.
CO-ORDINATION OF ACTIVITIES INVOLVING THE ADMINISTRATION OF JUSTICE AND THE REHABILITATION OF JUVENILE OFFENDERS AMONG VARIOUS DEPARTMENTS INVOLVED
Co-ordination exist among the various departments involved.
These include the Police, Attorney-Generalss Office, the
Department of Social Welfare, the courts, schools and the various institutions that deal with juvenile offenders, as described
hereunder.
(a) The Police
Once they arrest a juvenile, the police report the arrest to the parent or guardian, and to the Department of Social Welfare.
They also have to investigate and establish the juvenile^s home, and determine if the juvenile should be placed with his parents or guardian, pending trial, or if he needs placement in an
institution. All this is determined with the evidence of a probation officer.
(b) The Attorney General
The office of the Attorney General, is responsible for all prosectuions in the country, wi th the excepti on of private prosecutions which are very rare. Before a juvenile is prosecuted, the office of the Attorney General examines the evidence that the police have put together, then determines whether or not the prosecution should proceed. Where it is decided that it should proceed, the office authorises the prosecution, and when further evidence may be requi red, it directs further investigation.
(c) Soci al Wei fare
This Department plays a very important role regarding
juvenile offenders. Its officers, known as probation officers, work closely with the police and parents of juvenile offenders and prepare reports as well as recommendations for the courts.
Their recommendations are presented to the courts and usually guide the courts on the best way to handle a particular
juvenile^s case in order to ensure that the best method is applied for the individuals reform. They also liase with the Director of Social Services and the various institutions to
establish if there is a place for the reception of a juvenile who might be comitted to an institution. Where there is a need to do follow-up and supervise the juvenile offenders wherever he may be, it is the responsibility of the probation officers who co-ordinate their work with parents, schools and institutions.
(d) Courts
Where the juvenile court, or any other court is trying a juvenile for any offence, the court will usually direct that the matter be reported to the Department of Social Welfre when this has not been done, so that a report can be compiled. Tn
determining the handling of a juvenile^s case, the court
co-ordinates with both the police and the probation officers, and quite often relies on the report of a probation officer who will have looked into the matter of the individual juvenile offender.
(e) Schools
Schools work closely with the Department of Social Welfare, and receive some of the juveniles for formal education. These juveniles are supervised by both the school headmaster and the probation officers.
(f) Institutions
These work with both the police and the courts. The police place juveniles in remand homes, established for that purposes, while they are waiting for trial. The courts make orders for the placement of the juveniles after establishing, through the
probation officers, that there is room for the juvenile at the specific institution. Tn most cases placements are successful
because of the close co-ordinati on among the courts, the institutions and the Department of Social Welfare.
(g) Pri si ons
In those small areas where there are no remand homes for juveniles, they are sometimes remanded in the local prison. The prisons authorities make arrangements for the juveniles to be kept separately from adults and where necessary, transfer them to other prisons with more suitable accomodation, or advise the
court of the lack of such accommodation, so that the court can order a transfer to another place. Probation officers are allowed access to the juvenile offenders while in pri son, to conduct interviews.
PROPOSALS FOR REFORM AND ALTERNATIVE APPROACHES
In most cases, the objectives of punishment for people convicted of criminal offences are preventive, reformative, deterent and punitive or retributive. These issues have been discussed and are subjects of many writings by distinguished . scholars on the punishment of criminals.
With regard to juveniles, while the objectives of punishment are the same, the most important one is the reformative. Efforts are made to reform the juvenile offender as it is believed that
if the juvenile could reform, there would no longer be any need to apply the other aspects of punishment. There would be no need to prevent a juvenile from committing further offences or
deterring him if he reforms and assumes a character that is no longer prone to committing similar or other offences.
In Zimbabwe, the usual forms of punishment imposed on juveniles were for many years those as specified in the Children's Protection and Adopotion Act Chapter 33 and the
Criminal Procedure and Evidence Act Chapter 59. Section 21(1) of the Children's protection and Adoption Act Chapter 33 provides for the placement of a child in either an institution, or in
custody of his parents or suitable person or guardian, or to have him reside at any suitable place determined by the court. The Criminal Procedure and Evidence Act Chapter 59 provides, in
section 337, for the postponement of the passing of a sentence, or for the passing of a sentence whose operation is suspended for a certain period, subject to good conduct on the part of the
juvenile offender. In addition, until recently, the law allowed the sentencing of juveniles to whipping with a light cane.
In the case of juvenile "A" vs the State SC 64/84, the Supreme Court held that it was no longer lawful to impose
sentences of whipping on juveniles. In a dissenting judgement, one of the Supreme Court judges, Mr. Justice McNally said:
"I think one must face up squarely to the fact that if we outlaw juvenile cuts, the practical consequence of
our decision will be that many young men between the ages of 16 and 19 will go to prison who would not, under the present system, go to prison.
Tt is all very well to say that that is not our
concern; that a better system of probation or something similar must he developed. The fact is that we are a country with many demands upon our resources. We are not likely to improve our manpower and tansport
problems in the Social Welfare Department for many years. Nor am I convinced that even in the most sophisticated countries the probation system works satisfactorily- The number of juvenile deliquents tends to grow faster than the number of probation officers".
The above statement by Judge McNally sums up the problems Zimbabwe faces regarding juvenile offenders and the limited facilities for handling them, as discussed below.
(a) Personnel
There is a shortage of trained staff to deal with criminals.
They receive training from the one and only institution in the country, namely the School of Social Work, and only a small number join and stay in government employment as probation officers. There is therefore need to either establish more training facilities, or to extend the existing one to enable it to cater for more trainees to meet the rising demand for their service. It has also been observed that some of the institutions are manned by untrained personnel. This is quite undesirable.
If the country had enough trained manpower, the institutions should all be staffed by professionals who understand better the reformative and rehabi1itative requirements of juvenile offenders and how best to meet them.
(b) Insti tut ions
The institutions for handling juveniles should be available at almost all major centres in the country, which is not the case at the moment. This results in crowding, which is undesirable because it becomes difficult to give special attention to each
juvenile and to provide for his individual needs for
rehabilitation. In order that supervision be effective, welfare or probation officers should deal with a small number of juvenile offenders each and monitor closely their progress.
Sentencing options
As stated earlier, since whipping has been outlawed, the problem now i s what to do as an alternative. Zimbabwe; 1 ike most developing countries/ would require a well planned infrastructure which could be too expensive for the country to afford. The
infrastructure would have to be one that accommodates a number of planned projects geared towards helping juveniles to reform.
While training juveniles for skills that would lead them to obtaining an employment has long proved its importance the
critical unemployment problem i n the country necessitates a review of the existing training curricula, with a view to
relating them more closely to available job opportunites. It is also suggested that a study should be made on the possibility of establishing special industries to whi ch juveniles could be
referred for employment after their skills-training, instead of competing in the open market with adults and other more quali fi ed
job seekers. Of course this proposal has its own related
problems. For example, such questions could be raised: will the juvenile stay in that type of employment for ever or only up to a certain age, and after that what next?
What is important however is the fact that the juvenile wi11 pass through the transitional stage, from juvenile to adult, with a job, and thus be able to look after himself and to have the chance to reform. Any deviant behaviour thereafter, which is in conflict with the law, will subject him to treatment as an adult.
Both the state and the juveniles could benefit greatly from this proposed arrangement, especially if it proves to be a profitable venture and some of the proceeds could be contributed to the National Welfare Fund or used for possible expansion of such
industries.
(d) Nature of punishment
It is necessary to carry out a study of the types of sentences passed on juveniles. The major objective of such a study would be to establish the reaction of juvenile offenders to situations resulting from their criminal activities. It is known that some of the offences such as petty thefts from shops may not he such good examples as their effect on the owner may not be so not!cable. But there are other examples that could prove most useful and they are as follows:
- A juvenile who assaults and seriously injures another person can be made to spend sometime looking after the injured person or other injured persons in hospitals. This could make him
appreciate more the result of his unlawful act and hopefully deter him from similar offences in the future.
A juvenile who is involved in probhibited drugs could spend sometime on a campaign against the use of drugs, during which he would be talking to others about the dangers of drug-taking while
at the same time he himself learns more about the effects of the druas.
