A significant debate is looming in Parliament as lawmakers consider the Criminal Law (Codification and Reform) (Protection of Children and Young Persons) Amendment Bill, which proposes to raise the age of sexual consent from 16 to 18.
The move comes after President Mnangagwa utilized his authority under the Presidential Powers (Temporary Measures) Act to issue Statutory Instrument 2 of 2024. This action was in response to a Constitutional Court ruling that deemed a section of the law, setting the age of sexual consent at 16, unconstitutional.
The Statutory Instrument, invoked by the President, adjusts the age of sexual consent to 18, aligning it with constitutional provisions that establish the minimum marriage age at 18 and classify all individuals below 18 as minors. Notably, the previous law only safeguarded individuals under 16, leaving those aged 17 and 18 without legal protection.
However, the Presidential Powers Act stipulates a limited timeframe of six months for such measures. During this period, Parliament must pass a substantive law if there’s a desire to make the amendment permanent.
The preamble to the recently gazetted Bill confirms its intention to formalize the temporary measure prompted by the presidential decree.
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“The Bill seeks to formalize amendments introduced by a Presidential emergency decree, necessitated by the Constitutional Court’s judgment in Kawenda v Minister of Justice and Others. This intervention became urgent following a court-ordered release of all offenders convicted of statutory rape,” reads the preamble.
The Bill’s primary objective is to bolster legal protections for minors.
“It aims to amend the Criminal Law Code by extending its protective provisions to all individuals under 18, as mandated by the Constitution. Additionally, amendments to the Criminal Procedure and Evidence Act will facilitate alternative methods of testimony for children and other witnesses unable to communicate verbally,” states the Bill.
Key provisions within the Bill include an amendment to the definition of “extra-marital sexual intercourse,” explicitly invalidating child marriages. It also replaces section 70 of the Criminal Law Code to encompass individuals up to 18 years old, while introducing provisions for consensual sexual activity among peers with a minimal age difference.
The impending debate in Parliament is expected to address these critical amendments aimed at safeguarding the rights and well-being of children and young persons across Zimbabwe.