Zimbabwe cannot afford to do away with juvenile corporal punishment

A senior Masvingo magistrate yesterday warned of dire consequences for the justice system following the outlawing of corporal punishment for juvenile offenders.

Regional magistrate Colet Ncube said the country cannot afford to do away with corporal punishment for convicted youths.

Describing himself as an advocate of corporal punishment, Ncube said outlawing caning would have a negative impact on juvenile offenders and the judicial system.

Speaking at a Victim Friendly committee meeting, he said outlawing corporal punishment was proving costly to the courts which are faced with a perpetual paucity of resources.

He said while provisions of the constitution should be respected, there were many benefits to be drawn from caning young offenders.

"My conviction is that outlawing corporal punishment is not a good idea given that we do not have the resources. I'm an advocate of corporal punishment myself. It is instant punishment that helps decongest prisons. The prevailing economic conditions have seen convicted juveniles mixing with hardcore criminals instead of going straight to reformatory school," said Ncube.

He said it had become difficult to avoid mixing juvenile offenders with hard core criminals because there won't be transport to send the young offenders promptly after they are convicted and sentenced.

"The situation is pathetic and yet on the other hand, justice should take its course accordingly. If a juvenile offender is aged, 17 or below, he or she will be sent to a reformatory school in Gweru or Luveve in Bulawayo. The process has many challenges, transport is just one of them," said Ncube.

He cited an incident of a juvenile who returned from reformatory claiming that he had been sent to collect his medication.

Ncube said the juvenile had been convicted last year and was in a reformatory in Gweru.

"I convicted the juvenile last year and sent him to a reformatory in Gweru. Today that juvenile has returned and is saying he was ordered to go and collect his medical records since he says he is sick. The boy travelled without bus fare. Just imagine the harrowing task of looking for transport and negotiating for a free lift from Gweru and Masvingo. Now he is here at the court and wants to be taken to his home area to collect medication or his medical aid card," he said.

Ncube said the courts did not have an effective mechanism to prevent juvenile offenders from mixing with hardcore criminals.

He said most of the time, convicted juveniles spend time at Mutimurefu Prisons before they can get transport to reformatories.

"There are incidents where juvenile offenders spend time in prisons which have seasoned adult offenders because of lack of transport to take them to their intended destination. This is not healthy. In my opinion, corporal punishment should only be the solution."

"The juvenile offenders would be caned and left to go to their respective homes. It would save the courts and government a lot of trouble," he said.

The constitution of Zimbabwe outlawed corporal punishment despite spirited efforts by interested groups like teachers' organisations for the government to reintroduce caning among delinquent juveniles.

The teachers said there was an increase in school child delinquencies following the banning of caning in schools.

Progressive Teachers Union of Zimbabwe (PTUZ) secretary general Raymond Majongwe was recently quoted in the Press lobbying for the reinstatement of corporal punishment arguing that there was an increase of juvenile delinquency cases and drug abuse among school children.

Early this month, High Court judge Justice Esther Muremba ruled that corporal punishment on  male juvenile offenders is unconstitutional because it  violates the right to protection from inhuman treatment.

Justice Muremba averred that Section 353(1) of the Criminal Procedure and Evidence Act Chapter 907 was invalid in terms of Section 167 (3) and Section 175 (1) of the new Constitution.

The Zimbabwe constitution adopted in 2013 bars education officers and teaching staff from administering corporal punishment on pupils.