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Having sexual intercourse with persons below the age of 18 is now a criminal offence in Zimbabwe after President Mnangagwa assented to the Criminal Laws Amendment (Protection of Children and Young Persons) Act, 2024.
The Chief Secretary to the President and Cabinet, Martin Rushwaya made the announcement under General Notice 1441A of 2024 in an Extraordinary Government Gazette on Tuesday.
The Permanent Secretary in the Ministry of Information, Publicity and Broadcasting Services Nick Mangwana confirmed the gazetting of the new law on his X page. He wrote:
<blockquote>
The Criminals Laws Amendment (Protection of Children and Young Persons Act 2024 (Number 1) has been consented to by the President.
It is a criminal act to have sex with persons under the age of 18 years. It is not an acceptable Defence that they consented. It is a serious offence to infect a child with an STI.
</blockquote>
Writing for <a href="https://newzwire.live/finally-the-long-delayed-law-on-age-of-consent-and-child-protection-is-signed/">newZWire</a>, Mike Murenzvi asserted that the process began with a former child bride, Diana Eunice Kawenda. He wrote:
<blockquote>
The process began with a former child bride, Diana Eunice Kawenda, who took up the mantle to fight for the rights of other young children to accord them the same rights and protections that were bestowed upon children under the age of 16 years.
This was back in 2020 in a matter that was settled by the Constitutional Court on 24 May 2022 by striking down the unconstitutional sections of the Criminal Law Code.
The Government and Parliament were given 12 months to go and enact a substantive law that would bring the Criminal Law Code in line with the Constitution in this respect. They did not.
From 24 May 2023 to 12 January 2024, there were no protections from sexual exploitation available to children aged 13 to 18 years of age in cases where they “consented” to sexual acts with an adult.
On 12 January 2024, after public outcry, the President promulgated a temporary law to reinstate those protections while Parliament went through the lawmaking process.
These regulations were valid for six months and expired on 10 July 2024 and the protections fell away. By that effect, the age of consent reverted to the default 13 years of age.
On 9 July 2024, the Criminal Laws Amendment (Protection of Children and Young Persons) Bill was passed by all houses of Parliament.
For the 71 days from that date until 18 September 2024, the country waited with bated breath for the enactment of this crucial law.
71 additional days within which our laws allowed for the exploitation of children. 71 days in which Zimbabwe was a haven for paedophiles.
Now the nation can breathe a sigh of relief as our children now have safety and recourse within the law.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

In Zimbabwe, it is now illegal to have sex with anyone under 18. This law was passed after a former child bride fought for children's rights. The law was supposed to be passed earlier, but it took time. Finally, the law was passed in September, protecting children from exploitation. The President signed the bill, making it a crime to have sex with minors under 18. This is to keep children safe and punish those who harm them.

President Mnangagwa Signs Bill Criminalising Sexual Intercourse With Persons Under 18

Shamwari Yemwanasikana, a local non-governmental organisation that champions girls’ rights, has welcomed Parliament’s passage of the Criminal Law and Codification and Reform Amendment Bill, which raises the age of sexual consent from 16 to 18 years old.
The Bill also criminalises the deliberate infection of children with any sexually transmitted disease in addition to jailing offenders for engaging in sexual relations with minors.
The owners of lodges will also be prosecuted if they are complicit in renting rooms to someone for sexual activity with a girl under the age of 18 years.
In a statement released on Thursday, July 18, Shamwari Yemwanasikana said that if President Mnangagwa signs the proposed Bill into law, it would significantly contribute to combating the issue of child marriage, which has persisted within certain religious communities in the country. It said:
<blockquote>
This is good news for Zimbabwe, we foresee this lawfully protecting children against abuse. Recently, we heard that over 680 girls have been impregnated between January and June 2024.
We hope to see this law addressing this issue once it’s signed into law. It will also ensure that child rights violations that happen in churches are combated.
Once this bill is signed into law, we call on all stakeholders to raise awareness of this law, empowering children and community members so that they are protected and their children are protected from sexual abuse.
</blockquote>
The Bill also includes a clause on how to handle cases where an accused person claims they thought a child under 18 was older, based on the child’s physical appearance.
If that situation comes up, the Prosecutor-General must provide proof showing the accused person knew the child was below the legal age of consent.
This is the current position in the courts with the lower age of consent.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Shamwari Yemwanasikana is happy that the age for sex is now 18 years old in Zimbabwe. They also want to stop children from getting diseases and being forced into marriage. Hotels can get in trouble for letting bad things happen to girls. The new law will also protect children from being hurt in church. If someone says they thought a child was older, they need to prove it in court. This is to keep children safe and make sure they are not hurt by grown-ups.

Shamwari Yemwanasikana Applauds Move to Raise Age Of Sexual Consent To 18 Years

Zimbabwe’s Criminal Law and Codification and Reform Amendment Bill will criminalise the deliberate infection of children with any sexually transmitted disease in addition to jailing offenders for engaging in sexual relations with minors.
While the Bill primarily raises the age of consent from 16 to 18, owners of lodges will also be prosecuted if they are complicit in renting rooms to someone for sexual activity with a child, reported <a href="https://www.herald.co.zw/code-to-criminalise-infecting-minors/">The Herald</a>.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi steered the Bill through the National Assembly after robust debate last week.
Ziyambi agreed to amendments to some proposals and proposed additional amendments to offer children greater protection.
This Tuesday, the proposed law will be presented in the Senate.
During the debate at the committee stage of the Bill, Ziyambi tabled amendments which criminalise the intentional transmission of STIs to a child, which will include syphilis, gonorrhoea, herpes, and HIV among others. Reads the amendment:
<blockquote>
A court convicting a person for any crime constituting unlawful sexual conduct against a child shall, if it also convicts that person for deliberately infecting that child with a sexually transmitted disease, not make any part of the sentence of imprisonment imposed for the latter crime run concurrently with any sentence of imprisonment imposed for the first-mentioned crime.
</blockquote>
A previous proposal in the draft Bill that reintroduced criminalising deliberate infection with HIV for everyone, regardless of the age of the person infected, was dropped.
However, the wilful infection of children was strengthened.
The draft Bill raised the age of consent and gave discretion to the Prosecutor-General on whether to prosecute when the couple were close in age.
However, the Prosecutor-General first needs to refer a case involving juvenile offenders to a probation officer before the National Prosecuting Authority decides whether to prosecute them or not. Said Ziyambi:
<blockquote>
There may be a consistent behaviour that may be picked by the probation officer in that particular individual. If they are first-timers, I do not think that the probation officer will then prefer that without any reasonable cause because the Prosecutor General will interrogate that report and be able to satisfy herself that the case should be prosecuted.
</blockquote>
The Bill also includes a clause on how to handle cases where an accused person claims they thought a child under 18 was older, based on the child’s physical appearance.
If that situation comes up, the Prosecutor-General must provide proof showing the accused person knew the child was below the legal age of consent.
This is the current position in the courts with the lower age of consent.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Criminal Code To Criminalise Deliberate Infection Of Minors With Sexually Transmitted Diseases

Update: A previous version of this article used the phrase “sexual relations with a minor” instead of rape. 
Rape is rape. The words used in our story were wrong, and we’re sorry. We thank you for holding us to account
– –
A 31-year-old man from Karoi has been sentenced to 15 years in prison for raping a grade 7 pupil (a minor) and impregnating her.
According to prosecutors, the accused person was well aware that the young girl could not legally consent to such a relationship.
Following a full trial, the Karoi Magistrates’ Court sentenced him to 15 years of imprisonment.
On an undisclosed date in September 2023, the accused expressed romantic interest to the complainant (the Grade 7 pupil). However, she rejected his advances.
Undeterred, the accused made a second attempt, and this time, the complainant reluctantly agreed. He manipulated her into having unprotected sex with him in a soybean field.
The accused continued raping the minor on multiple occasions.
The complainant’s mother grew suspicious when her daughter exhibited signs of pregnancy.
A visit to a local clinic confirmed the pregnancy. The matter was promptly reported to the police, leading to the arrest of the accused person.
Until recently, the age of consent in Zimbabwe was 16 years. This meant that individuals aged 16 and above could legally engage in sexual activities.
However, this age limit did not adequately protect young people between the ages of 16 and 18.
On May 24, 2022, the Constitutional Court declared certain provisions of the Criminal Law Code unconstitutional.
The case, known as Kawenda v Minister of Justice, Legal and Parliamentary Affairs &amp; Others, was brought by Veritas, and the appellant was represented by Tendai Biti.
The court ruled that the existing sections of the Criminal Law Code did not adequately protect children between the ages of 16 and 18 from sexual exploitation.
These sections criminalized sexual activities with children under 16 but did not address the age group between 16 and 18. The court ordered the government to amend the law within 12 months.
In response to the Constitutional Court ruling, Zimbabwe raised the age of consent from 16 to 18 years.
The new law, which came into effect in January 2024, imposes a jail term for anyone who has sexual relations with a person under 18, regardless of their gender or marital status.
The law was introduced by the government using presidential powers, after a shocking revelation that the country had no legal provision to prosecute cases of statutory rape and sexual exploitation of minors.
The National Prosecuting Authority (NPA) subsequently announced that it would prosecute all cases involving sexual intercourse and indecent acts with young persons under the new law.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

31-year-old Man Jailed 15 Years For Raping Grade 7 Pupil

Parliament has resolved to fast-track the revised Private Voluntary Organisations Amendment Bill, Criminal Law (Codification and Reform) Protection of Children and Young Persons Amendment Bill, as well as the Administration of Estates Amendment Bill.
As reported by <a href="https://www.herald.co.zw/parly-to-fast-track-age-of-consent-and-pvo-bills/">The Herald</a>, the three Bills were tabled before the National Assembly last week and went through their First Reading.
The PVO Amendment Bill, which among other things aims to regulate the registration and operation of PVOs more strictly, was brought back before Parliament for further consideration after President Emmerson Mnangagwa raised reservations about certain aspects of the bill.
The Criminal Law (Codification and Reform) Amendment Bill seeks to raise the age of sexual consent from 16 to 18 after President Mnangagwa invoked his powers under the Presidential Powers (Temporary Measures) Act to gazette Statutory Instrument 2 of 2024, in compliance with a Constitutional Court ruling that had declared a section of the law that sets the age of sexual consent at 16 as unconstitutional.
The Administration of Estates Amendment Bill seeks to provide for the better and autonomous administration of the Office of the Master of the High Court.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi requested the suspension of procedural requirements related to the period of tabling a Bill, saying it was important to have the proposed laws dealt with expeditiously. He said:
<blockquote>
I seek leave of the House to move that the provisions of Standing Order, Number 142 (1) which states that every Bill other than a constitutional Bill must be published in the Gazette 14 days before it is introduced in the National Assembly in respect of the following Bills:- Private Voluntary Organisations Bill, Administration of Estates Amendment Bill and Criminal Laws, that is Protection of Children and Young Persons Bill…
There are about two or three reasons why I am seeking leave to have the House suspend this provision so that we can bring the Bills.
The first one, the Private Voluntary Organisations Bill was before the August House and there are minor amendments. So, I am seeking that it comes because it was before the House before the expiration of the last Parliament.
The Administration of the Estates Amendment Bill deals with the office of the Master. There are a lot of issues that are urgent and we need this House to consider that Bill as well as the Criminal Laws Amendment.
There is a gap in using the Presidential powers . . . So, I am moving that we reduce the days the Bills have been gazetted, we bring them for First Reading and then Parliament can start interrogating the Bills.
</blockquote>
After a debate on the issue, the National Assembly eventually agreed to fast-track the Bills before they were introduced in the House.
All three Bills were referred to the Parliamentary Legal Committee, a committee of Parliament which scrutinises all Bills and Statutory Instruments to determine if they are consistent with the Constitution of Zimbabwe.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Parliament To Fast Track Age Of Consent And PVO Bills

The United Nations Children’s Emergency Fund (UNICEF) has commended Zimbabwe for raising the age of sexual consent from 16 to 18 years of age.
President Mnangagwa used his powers under the Presidential Powers (Temporary Measures) Act to gazette as the Statutory Instrument 2 of 2024 the Presidential Powers (Temporary Measures) (Criminal Laws (Protection of Children and Young Persons)) Regulations, 2024.
Under the regulations, even asking a person under 18 to take part in sexual or indecent acts is an offence.
The penalties are set at level 12 fines or a maximum of 10 years in jail.
In a recent statement, UNICEF Zimbabwe’s head of communication Yves Willemot, said the legislation raising the age of consent will cut the prevalence of cases of child sexual abuse. Reads the statement:
<blockquote>
UNICEF notes the passage of the legislation raising the age of consent for sexual relations to 18 years, which will contribute to a reduction of sexual abuse of children and adolescents, which continues to be a concern in Zimbabwe.
Available data suggest that in Zimbabwe, over a third of girls experience sexual violence before the age of 18 years. For most of these girls, the perpetrators are intimate partners.
Sexual violence on children has a significant impact on girls and boys who experience it. The effect is both physical as well as psychological.
As Zimbabwe implements the new legislation, UNICEF calls on the Government also to continue to invest in the prevention of sexual abuse of children and support to victims.
Based on the lessons from existing initiatives by the Government and partners, prevention and support programmes must be continued and scaled up.
Everybody in Zimbabwe must understand that sexual abuse of children is not acceptable, and they need to act accordingly and speak up.
Importantly, UNICEF also calls on all stakeholders to continue guaranteeing access to friendly services to promote health, well-being, and protection for adolescents and young people.
Children deserve to grow up in a safe environment. It is our shared responsibility to break the silence, to help prevent sexual abuse of children, and by extension all forms of violence against children, and to ensure children that are victims of violence, abuse and exploitation get the attention, assistance and support they need.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

UNICEF Commends Zimbabwe For Raising Age Of Sexual Consent To 18 Years

The National Prosecuting Authority of Zimbabwe (NPAZ) says it will prosecute all cases involving sexual intercourse and the performance of indecent acts with people under the age of 18 years.
In a statement, NPAZ said it is a criminal offence to have sexual relations with a person under the age of 18 whether they are female or male. It said:
<blockquote>
In terms of the Presidential Powers (Temporary Measures) (Criminal Laws (Protection of Children and Young Persons) Regulations, 2024- Statutory Instrument 2 of 2024.
It is a criminal offence to have sexual relations with a young person under the age of eighteen whether they are female or male.
The National Prosecuting Authority will prosecute all cases involving sexual intercourse and the performance of indecent acts with young persons in terms of the said Act.
</blockquote>
This comes after President Emmerson Mnangagwa invoked the Presidential Powers Act to amend the Criminal Law (Codification and Reform) Act to raise the age of consent from 16 to 18 years.
According to the Presidential Powers (Temporary Measures) (Criminal Laws (Protection of Children and Young Persons)) Regulations, 2024 contained in Statutory Instrument 2 of 2024, paedophiles will serve up to 10 years in prison for having sex with girls below 18 years including trafficking them to foreign countries to engage in sex work.
While the Constitution defines children as those below the age of 18, the Criminal Law (Codification and Reform) Act before its amendment, defined a young person as one who is below 16 years.
This created a gap in the law which potentially exposed children above 16 to sexual exploitation.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

NPA Vows To Prosecute All Paedophiles

President Emmerson Mnangagwa has invoked the Presidential Powers Act to amend the Criminal Law Code and reinstate the age of consent to eighteen (18) years.
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts.
It is the minimum age at which a person is considered old enough to be able to legally agree to sexual activity.
In 2022, sections of Criminal Law on sexual crimes were ruled unconstitutional by the Constitutional Court.
These were sections that described “young people”, for the purposes of sexual consent, as only a boy or girl under 16.
The court suspended the ruling for 12 months to give Parliament time to draft a better law. However, the 12 months expired on 24 May 2023 before this was done.
As a result,  a legal loophole was created that allowed paedophiles to get off scot-free. This loophole has now been closed.
Statutory Instrument 2 of 2024 (Presidential Powers (Temporary Measures) (Criminal Laws (Protection of Children and Young Persons) Regulations, 2024) has criminalised having sexual intercourse with anyone below the age of 18. Offenders face up to 10 years imprisonment.
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/GDpRSW3XUAAOOK1?format=jpg&amp;name=large"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/GDpRSWxXUAEvtjL?format=jpg&amp;name=large"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/GDpRSWyWUAMBAqD?format=jpg&amp;name=large"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/GDpRSWxXsAAaLB5?format=jpg&amp;name=large"/>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwe Raises Age Of Consent To 18 Years

Mbizo legislator Settlement Chikwinya (CCC) has called on the Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi to bring a Bill to Parliament that will address the age of consent to sexual activities.
A few weeks ago, the Constitutional Court ruled that 18 years was the age of consent to sexual activities, not the 16 years which was in place.
Such a Bill will align the age of sexual consent with the legal age of majority which is set at 18 years in the new constitution.
Speaking in the National Assembly recently, Chikwinya said sexual activities for children under the age of 18 years should be criminalised. He said:
<blockquote>
I take cognisance of the fact that the Constitutional Court recently passed a landmark judgement in which it moves the age of sexual consent from 16 to 18 years.
I, therefore, call upon the Minister of Justice, Legal and Parliamentary Affairs to come to Parliament with a bill that actualises the provisions but criminalises the involvement of sexual activities for children under the age of 18 years so that at least we make it a reality for us to protect these children who are below the age of 18.
</blockquote>
Speaking on the same matter, Harare East legislator Tendai Biti (CCC) said the Justice Minister must come up with a comprehensive bill for protecting children. Said Biti:
<blockquote>
The implicit ruling by the Constitutional Court is that the Child Protection Adoption Act must also be revisited.
It still sets the age of a child at 16 and does not offer sufficient protection, particularly for those children between 16 and 18.
Also, children still face discrimination from the inheritance point of view. So, I have a daughter called Zoey, she cannot inherit from my own estate, which is why the Constitutional Court says the government must come up with a comprehensive bill protecting children in their entirety, including child labour.
Children are working in farms, tobacco, cotton in Gokwe and so forth. This bill must protect children.
</blockquote>
<h4>More: <a href="https://openparly.com/index.php/2022/06/21/chikwinya-calls-for-a-bill-to-actualize-age-of-consent-to-sex/">OpenParly</a></h4>

Chikwinya Calls For A Bill To Actualize New Age Of Consent To Sex

The Ministry of Public Service, Labour and Social Welfare says it is making efforts to protect girls from the scourge of teenage pregnancy.
A report by the Government in 2021 showed that 4 959 teenagers were impregnated between January and February that year.
Furthermore, an additional 1 774 girls got into early marriages, with most cases recorded in rural, farming and mining areas.
Tawanda Zimhunga, director for social development in the Ministry of Public Service, Labour and Social Welfare, said the Government has stepped in to protect the girl-child. Said Zimhunga:
<blockquote>
There is the provision of psychosocial support and counselling to the affected adolescents and their families.
The sessions are conducted to support the girl’s emotional needs, and reduce the impact of trauma during the pregnancy as well as after the pregnancy.
We also have a case-management system whereby files are kept and feedback mechanisms, including follow-up on the child(ren), are possible.
Probation officers in the Department of Social Development are expected to walk the child all the way until their detrimental situation has been resolved.
</blockquote>
Zimhunga added that girls who have dropped out of school due to pregnancies can access education through the Basic Education Assistance Module (BEAM). He said:
<blockquote>
Under the programme, children who would have dropped out due to pregnancy are supported with school fees, uniforms and stationery to enable them to return to school.
There is also access to financial assistance through the harmonised cash transfers to strengthen vulnerable household economies and ensure children’s needs are catered for within the auspices of their home, and the access to food through the Food Deficit Mitigation Strategy programme.
</blockquote>
The Constitutional Court recently ruled that the legal age of consent for sexual intercourse should be raised to 18 years from 16.
The court struck down provisions in the Criminal Law that set the age of consent for sexual intercourse at 16 years as unconstitutional.
<h4>More: <a href="https://www.sundaymail.co.zw/war-on-shocking-teen-pregnancies">The Sunday Mail</a></h4>

Rising Cases Of Teen Pregnancies Worrisome

Shamwari Yemwanasikana, a child rights advocacy group, has welcomed a Constitutional Court (ConCourt) ruling that reviewed the sexual age of consent from 16 to 18 years.
On Tuesday, the ConCourt ruled in favour of two Harare women who had challenged the 16 years age of sexual consent, saying it violated their rights.
Shamwari Yemwanasikana advocacy and research coordinator Rudo Magwanyata said the ruling was welcome but more still needs to be done to protect the girl child from paedophiles. She said:
<blockquote>
The judgment is a call for full enforcement and harsh punishments for those found on the wrong side of the law. We continue to call for the full protection of girls.
In the event that a girl gets pregnant after being abused, there is a need for the courts to speed up such cases and allow termination of these pregnancies.
Communities play a pivotal role in influencing a decrease in child marriages.
There is a need for communities to have discussions on how teenagers have become sexually active and ways in which communities can assist in ending teenage pregnancies.
</blockquote>
Magwanyata also called upon communities to support pregnant teenagers instead of treating them as outcasts. She said:
<blockquote>
It is morally unacceptable for one to be pregnant at such a young age, however, it is disheartening for communities to treat teenagers who are pregnant like outcasts.
These are young girls who made uninformed decisions and carry the evidence of pregnancy with them. They need to be supported in every way possible.
</blockquote>
Child rights lawyer Caleb Mtandwa said there was a need to raise awareness among the children, the parents and the community on the ConCourt ruling.
<h4>More: <a href="https://www.newsday.co.zw/2022/05/child-rights-groups-welcome-concourt-ruling/">NewsDay</a></h4>

Child Rights Group Welcomes ConCourt Ruling On Age Of Consent

The Constitutional Court (ConCourt) has struck down provisions of the law that held that the age of sexual consent is 16.
According to Harare lawyer Tendai Biti, who argued the matter, the ConCourt held that the age of sexual consent is 18. Tendai Biti Law <a href="https://twitter.com/BitiLawChambers/status/1529103154469605376">said</a>:
<blockquote>
The constitutional court has just handed down a judgment in a case argued by our principal [Tendai Biti] holding that the age of sexual consent is 18, not 16.
Provisions of the law that held that the age of consent is 16 have been struck down.
</blockquote>
More to follow…

The Age Of Sexual Consent Is 18, Not 16 - ConCourt

Justice Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the age of consent to sex is 16 years and that it has nothing to do with the age of consent to marriage.
Section 78 of the Constitution of Zimbabwe sets out the age of consent to marriage at 18 years and this has been confused with the age of consent to sex.
Ziyambi told Parliament that the Zimbabwe constitution is silent on the age of consent to sex and that there is no international treaty or convention on the issue.
He was responding to a question from Honourable Nyarai Tsuura (Proportional Representation) who wanted clarity on the age of consent to sex and the age of consent to marriage.
Below is the full-text answer from Minister Ziyambi to Honourable Tsuura’s question:
<blockquote>
Thank you Madam Speaker.  I want to thank Hon. Tsuura for the question. Madam Speaker Ma’am, regarding the first part of the question, the current legal position as referred in Section 70 of the Criminal Law Code is that the age of consent to sexual activity is pegged at 16 years. That is the law. 
There is no international convention or treaty which provides for the age of consent to sex. So let us just be clear from the start that we do not have a standard age of consent across the board.
Our Constitution is also silent on the age of consent. However, on Section 78, it sets out the age of consent to marriage at 18 years. 
It is necessary that I point out that there has never been in our law, a direct equation made between marriage and indulging in sexual activity. So, it has never really stated that this is the age you must indulge in sex, and we equate to age of marriage. 
It has never been in our law. That practice has never been there, and we must not do so because marriage involves and requires more from a person as there are life commitments to consider including personal or proprietary and psychological as well, and we still stand by the position that 18 is the age of consent to marriage.
We do, however, implore parents, custodians and guardians to educate and teach the children to refrain from sexual conduct at a young age. We cannot, however, transfer this responsibility to the State, police and judiciary unless the sexual conduct involves matters such as rape, indecent assault and obtaining facts through inducement.
Madam Speaker Ma’am, there are proposals that the age of consent to sex should be raised to 18 years. Raising the age of consent to 18 years creates inevitable consequences.
These include criminal records for children and a bar to access sexual healthcare. Dr Ruth Labode (Proportional Representation) can allude to that. Children are already engaging in sexual activities among themselves or with older people.
The age of consent being fixed at 16, recognises facts that the law cannot dictate. The facts are that at the age of 16, most children are mature, beyond their age nowadays and are already sexually active.
Raising the age of consent to sex to 18 means children below the age of 18 having sexual intercourse will be criminalised. This results in children getting unwanted criminal records.
So, our position is that as parents, guardians and society, we must teach our children morals as opposed to abrogating our responsibility to the State, to say criminalise this conduct.
In addition, Madam Speaker, our prisons will be filled with young children who will now be labelled as criminals for consensually engaging in sexual activity.
Our judicial system will be clogged with these matters, resulting in resources being diverted from the real sexual crimes and other serious criminal offences.
If having intercourse becomes a criminal offence yet children are already indulging, this will deter these children from accessing sexual healthcare, since trying to access this healthcare is tantamount to admitting that one is guilty of a sexual offence. 
These are issues that need to be resolved but my Ministry will not make a unilateral decision without consulting.
There shall be consultations with stakeholders and the general public so that we can take steps on the age of consent to sex.
However, I repeat, let us deal with issues of morality as a society and not transfer that responsibility to our criminal courts.
Madam Speaker Ma’am, on alleged inconsistencies between the Criminal Law Code and the Constitution, let me hasten to say there are no inconsistencies between the two.
The Constitution does not provide for the age of consent to sexual intercourse. It provides for the age of consent to marriage in Section 78, which is set at 18 years of age.
I would also like to make it clear that there are laws against rape and indecent assault. And there are laws against obtaining sex by inducements such as using money, bribery, et cetera where such are considered criminal offences and offenders will be rightfully charged. 
Thank you, Madam Speaker Ma’am.
</blockquote>
<h4>More: <a href="https://openparly.com/index.php/2021/11/12/age-of-consent-to-sex-most-children-are-mature-at-16-years-says-govt/">OpenParly</a></h4>

Children Are Old Enough For Sex At 16, But Too Young For Marriage - Govt

Mutare Central legislator Innocent Gonese has asked the government to clarify the position between the age of consent to sex and the age of consent to marriage.
Currently, the constitution of Zimbabwe says only those persons who are 18 years and above can start a family.
However, the Criminal Law Codification and Reform Act says girls at 16 years can consent to sex.
This mismatch according to Gonese is causing confusion because girls are getting pregnant after sex but cannot marry. Speaking In the National Assembly, Gonese said:
<blockquote>
… can the Honourable Minister indicate to us what the government thinking is relating to that age of consent because at present it is 16?
We are in the dark as to what the government’s position is and we are all aware that there are so many people who are opposed to this amendment because they are predators.
The biggest problem that we are confronted with is older men who indulge in sexual intercourse with young girls, which is where the problem mainly lies.
Most of the predators are not comfortable with the raising of the age of consent because that will actually increase the number of criminal cases that will be before our courts where girls are between the ages of 16 and 18.
</blockquote>
In his response, the Minister of Justice and Legal Affairs, Ziyambi Ziyambi, said it was important to separate issues of marriage and age of consent. He said:
<blockquote>
I want to thank Honourable Gonese Mr Speaker. I think it is very important to separate issues of marriage and age of consent.
There is nowhere in the world where the age of consent to sexual intercourse is 18 years. In any event, it is very difficult to stop those teenagers from engaging in sex.
What we are doing is; we need to separate issues of marriages that come with certain responsibilities with an age where a teenager can consent voluntarily to an act.
I know that already in our Act we have offences whereby if you have sexual intercourse with a young adult – it is statutory rape.
So that is covered but what I was referring to is to streamline it and ensure that it becomes clear rather than how it is currently couched.
We have outlawed marriages of anyone below 18 but if we have two young teenagers who are below 18, we cannot criminalise if they engage in sexual intercourse.
My plea is, it is a work in progress; we want to streamline it and ensure that we bring it here and have a debate on how we can now look at the age of consent.
</blockquote>
Ziyambi added that there was a contradiction in that at 16 years people are allowed to drive but at the same time are not responsible for their actions if they engage in sexual activities. He said:
<blockquote>
I know Honourable Gonese is very much aware that you can have a driver’s licence at 16. So you must also appreciate that on one hand, you must say that somebody is responsible for his/her actions when he/she is driving at 16.
On the other hand. You say he/she is not responsible for his/her actions in engaging in sexual intercourse – it is contradictory.
So, we must separate issues of marriage which we said is 18 and it comes with certain responsibilities.
Those who want to be married must wait until they are over 18 but there are certain things that we cannot control.
More so at 16, we agree that you can drive but if you have an accident, what do we say? I thank you.
</blockquote>
<h4>More: <a href="https://openparly.com/index.php/2021/08/26/age-of-consent-to-sex-versus-age-of-consent-to-marriage/">OpenParly</a></h4>

Age Of Consent To Sex Versus Age Of Consent To Marriage

Vice President Constantino Chiwenga has rejected a proposal by legislators to allow young girls to access medical treatment, including contraceptives without parental consent.
Speaking as Minister of Health and Child Care in the National Assembly last week, Chiwenga said girls under the age of 16 cannot be given contraceptives as they cannot legally consent to legal sexual activity.
He asserted that if they required emergency contraceptive treatment this would require parental consent as would any medical treatment.
Chiwenga was responding to a proposal in a report tabled by the portfolio committee on Health and Child Care.
The committee, chaired by Proportional Representative MP Ruth Labode (MDC Alliance), had called for the removal of age restrictions on access to reproductive health services.
Chiwenga said the removal of age restriction for accessing reproductive healthcare services will result in moral decadence and unacceptable to religious communities in Zimbabwe. He said:
<blockquote>If age restriction for accessing reproductive healthcare services is removed, the interpretation is that a person who can decide when to use contraceptives also has the power to decide when they can indulge in sexual activity and also when they want to have a baby.
This will be a time bomb for immorality against the diverse cultural and religious communities in Zimbabwe and a high potential of increased burden on Government’s social security nets, where high numbers of children will be having children out of wedlock.</blockquote>
Chiwenga also warned of the health implications of initiating young girls on contraceptives. He said:
<blockquote>The anatomy of teenagers is not fully developed to be able to carry the pregnancy and its complications which include obstructed labour, obstetric fistulas, symphysis pubis diastasis and ultimately maternal death.
Early sexual debut increases risk of these adolescents to cervical cancer, sexually transmitted infections including HIV Chlamydia and gonorrhoea which have adverse effects on future fertility.
Methods of contraception are not 100 per cent effective therefore these adolescents remain at a higher risk of complications in case of unwanted pregnancies.</blockquote>
<h4>More: <a href="https://www.herald.co.zw/vp-chiwenga-shoots-down-contraceptives-for-teenagers/">The Herald</a></h4>

Chiwenga: No Contraceptives For Underage Girls

Chairperson of the Parliamentary Portfolio Committee on Health and Child Care, <a href="https://www.pindula.co.zw/Ruth_Labode" rel="noopener noreferrer" target="_blank">Ruth Labode</a> (Proportional Representation), said 14-year-olds are indulging in s_xual intercourse, therefore, the Marriages Bill should have a provision that allows them to access family planning products.
Speaking in the <a href="https://www.pindula.co.zw/National_Assembly" rel="noopener noreferrer" target="_blank">National Assembly</a> on Wednesday, Labode also commended efforts to raise the age of consent to s_x to 18. She said:
<blockquote>I want to bring to the attention of Honourable Members that once we move the age of consent for s_x to 18, which is good, but then we need to also have a provision that allows 14. 15, 16 and 17-year-olds who are s_xually active to assess health services so that they can access family planning.
Otherwise, we are opening a pandora’s box for teenage pregnancies because the fact is they are having s_x but we want to console ourselves as their mothers and fathers and say they are not having s_x. They are having s_x, so let us protect them.</blockquote>
In Zimbabwe, teenagers require consent from guardians and parents for them to buy or access family planning products and services. The products include family planning pills, condoms and Depo-Provera.
<h4>More: <a href="https://www.openparly.co.zw/lets-not-fool-ourselves-14-year-olds-are-having-sex-parliament-told/" rel="noopener noreferrer" target="_blank">Open Parly</a></h4>

'14-year Old Are Having S_x. Give Them Condoms', Parliament Told

The Parliament is set to discuss a Bill that will raise the age of sexual consent from 16 to 18 years, at the same time criminalising the marrying off of minors.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi told State Media that the drafting of the Bill has been completed. Said Ziyambi:
<blockquote>The Bill is ready and we will be taking it to Cabinet soon. . .
Among some of the issues, the law will deal with is that court judgment which ruled that one cannot marry before the age of 18 — we have put it in the law.
The other issue the law deals with is Section 26 of the Constitution, which speaks about consent and we need to give effect to it. Effectively, it will provide the minimum age of consent.
We will also give full effect to provisions that children are not pledged into marriages.
Effectively, the Bill will outlaw child marriages, which has been a very contentious issue in recent times. It will also take care of issues that have to do with gender equality, which we are aligning with Section 3 of the Constitution.</blockquote>
A few weeks ago was a great uproar over the age of sexual consent after it was reported that some Members of Parliament wanted it to be lowered to 12 years.
Related:
<ul>
<li><a href="https://zero.pindula.co.zw/dr-labode-rejects-reduce-age-of-s_xual-consent-allegations/">Dr Labode Rejects “Reduce Age Of S_xual Consent” Allegations</a></li>
<li><a href="https://zero.pindula.co.zw/mps-call-for-age-of-s_xual-consent-to-be-lowered-to-12-years/" rel="noopener">MPs Call For Age Of S_xual Consent To Be Lowered To 12 Years</a></li>
</ul>
More: <a href="https://www.sundaymail.co.zw/new-marriages-act-lifeline-to-girls-women">The Sunday Mail</a>

Age Of S_xual Consent To Be Raised To 18 Years

Vice President Emmerson Mnangagwa said that the government is working on introducing a new law which will make it illegal to sleep with people under the age of 18. The new law will effectively raises the age of consent to sex to 18 years of age. Currently, the age of consent stands at 16.
The VP revealed this in the senate after some senators questioned why the age of consent was not realigned with the new constitution which outlaws marriages of people under the age of 18.  Senator Anna Shiri  had said:
<blockquote>At the same time we have this Bill while we have part of the Act which says there is an age of consent to sex which is 16 years of age. 
As a result, there is some contradiction where early marriage is 18 years yet the consent to sexual activity is 16 years. We need to align these laws.</blockquote>
The Vice President, who is also the Minister of Justice, Legal and Parliamentary affairs said:
<blockquote>I may also say that the other two points you have raised relating to the issue of consent between juveniles or children, anybody who is below 18 is regarded as a child
Those issues we have debated and we believe that we should bring up also the age of consent to the age of 18. Of course, this is subject to debate when it comes to Parliament.</blockquote>
Mnangagwa who is also the Minister of Justice said that his ministry was working on realigning all the marriage laws into a comprehensive Marriages Bill.
More: <a href="http://www.newzimbabwe.com/news-35124-Age+of+consent+to+go+up+to+18+Mnangagwa/news.aspx" target="_blank">New Zimbabwe</a>

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