PARENTS TO FACE THE MUSIC OVER CHILDREN'S OFFENSES

Parents whose minor children are found guilty of drug-related or sexual offences in a court of law may also be held liable and face conviction, potentially incurring a hefty fine or jail term, according to the country’s existing statutes.

This revelation was made by Zimbabwe Republic Police Mutare District Victim Friendly Unit (VFU) assistant coordinator, Sergeant Precious Chiware, during a recent anti-child marriages NotInMyVillage Campaign.

The campaign brought together experts in law, medicine, and civil registry, as well as traditional and community leaders from Mutare and Marange areas.

“It is sad that most parents are unaware that they can be held liable for the offences committed by their children. This provision was enacted to promote responsible parental care and responsibility within our communities, ultimately serving the best interests of the child,” she said.

The NotInMyVillage Campaign seeks to significantly reduce cases of child marriages and all forms of child sexual abuse nationwide.

The programme specifically targets community and traditional leaders, as well as male adults, in an effort to raise awareness and drive positive change.

In an interview on the sidelines of the meeting, Manicaland National Aids Council provincial manager, Mr Artwell Shiridzinomwa, explained: “It is a strategic decision to target community and traditional leaders, as they hold significant influence and their words carry weight within their communities. We are also intentionally targeting males, as they often hold positions of authority as fathers, parents, brothers, and decision-makers. However, it is also crucial to acknowledge that they can be perpetrators of abuse, making it essential to engage them in this conversation.”

The laws governing parental liability for minors’ misconduct are outlined in Section 92 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). This section defines a “child” as an individual under the age of 18 and a “parent” as a natural or adoptive parent.

Furthermore, Section 2 of the Children’s Act (Chapter 5:06) defines a “guardian” as any person who has permanent or temporary custody, charge, or care of a child.

In cases where a parent or guardian is found liable for their child’s drug-related or sexual offences, the penalties can be severe.

According to the 2023 amendments of the Children’s Act (Chapter 5:06), allowing a child to reside in or frequent a brothel can result in a fine not exceeding Level-12 (US$2 000) or imprisonment for up to 10 years, or both.

The legislation further stipulates that anyone found guilty of causing or contributing to the seduction, abduction, or commercial sexual exploitation of a child, or the commission of immoral acts by a child, shall face a penalty of a fine not exceeding Level-13 (US$3 000) or imprisonment for up to 15 years, or both.

Moreover, causing a child to participate in or producing child sexual abuse material is punishable by a fine not exceeding Level-14 (US$5 000) or imprisonment for up to 15 years, or both.

According to Section 2 of the Amendment, child sexual abuse material is defined as “any representation, through publication, exhibition, cinematography, electronic means, or any other means, of a child engaged in real or simulated explicit sexual activities, or any representation of sexual parts of a child for primarily sexual purposes.”

Renowned Mutare lawyer, Mr Johannes Zviuya, of Bere Brothers Legal Practitioners, said: “In Zimbabwe, the legal framework surrounding parental responsibility and liability concerning minors, particularly focus on cases involving the exploitation of minors, neglect, and the liability of parents or guardians when children commit offences. Section 7 of the Children’s Act (Chapter 5:06) addresses the responsibilities of parents and guardians concerning care and protection of children and young persons.

“This legal provision emphasises that parents can be held accountable, not only for direct ill-treatment or neglect, but also for exposing children to harmful situations that could lead to their involvement in criminal activities.

“If a parent or guardian assaults, ill-treats, neglects, abandons, or exposes a child to situations likely to cause unnecessary suffering, they are committing an offence. This provision highlights that the responsibility of care extends beyond mere physical safety to encompass the emotional and moral well-being of the child. The law recognises that allowing a child to be in harmful situations such as associating with known criminals, being in environments where illegal activities occur, or failing to supervise them adequately can detrimentally affect their development and lead to criminal behaviour.

“The most significant aspect is Section 13 of the Children’s Act (Chapter 5:06), which holds parents or guardians accountable if they fail to take reasonable steps to prevent their child from committing an offence. The amended section articulates that parents or guardians are guilty if they encourage, train, or provide facilities for a child to commit an offence. They are also liable if they do not take reasonable steps to prevent an offence, assuming they were in a position to do so. The penalties for parents are equivalent to those that could have been imposed on the child for the offence committed, emphasising the gravity of parental responsibility.”

Mr Zviuya explained that this provision underscores the legal obligation of parents and the community at large to protect children from exploitation and curtail their involvement in harmful activities.

This dual approach, Mr Zviuya said, aims to foster a protective environment for children, ensuring that communities collectively share responsibility of nurturing and safeguarding the next generation.

“The legal framework places significant responsibility on parents and guardians to ensure the protection of the welfare of their children. This responsibility extends beyond mere supervision – it involves actively preventing children from engaging in criminal activities and ensuring they are not exposed to harmful environments.

“Examples of relevant crimes include child prostitution – should a minor be found engaging in prostitution, the parent could face charges under Section 87 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) for failing to protect the child from such exploitation.

“If a minor is caught with illegal substances (drug offences), the parent may be held liable under Section 13 of the Children’s Act (Chapter 5:06), if it is determined that they did not take reasonable steps to prevent the child’s actions. Manica Post

 

Posted in: NEWS