In a startling revelation, the Bulawayo High Court in Zimbabwe has exposed a legal loophole that currently grants immunity to paedophiles who have targeted children under the age of 16 since May 25, 2023. This alarming situation arose due to the government’s failure to amend the law as directed by the Constitutional Court, as reported by ZimLive.
The legal loophole came to light when Justice Christopher Dube Banda of the Bulawayo High Court ordered the acquittal of Nkosilathi Gumbo, who had been convicted and sentenced to three years in prison for engaging in sexual intercourse with a minor. The decision was based on the fact that the relevant sections of the Criminal Law Code were declared unconstitutional by the Constitutional Court on May 24, 2022. The court had given authorities 12 months to amend the law, a deadline that lapsed on May 25, 2023, without any legislative action.
As a result of this oversight, Justice Dube Banda ruled that Gumbo’s conviction was based on a non-existent law, leading to its annulment. The judge emphasized the gravity of prosecuting someone under an invalid law, stating that such proceedings are fundamentally irregular and susceptible to review and cancellation. He concluded that the conviction could not stand and quashed it.
The Justice Minister, Ziyambi Ziyambi, acknowledged the urgent need to amend the law. He cited a shortage of legal drafters as the main reason for the delay in the process. Ziyambi mentioned that they have requested the president to use presidential powers to expedite the amendment, with hopes to have it gazetted by the coming weekend.
This situation highlights a critical gap in Zimbabwe’s legal system, particularly concerning child protection laws. The failure to amend the law in time has inadvertently created a window wherein offenders targeting minors cannot be legally held accountable. This loophole not only undermines the justice system but also poses a significant risk to the safety and well-being of children in Zimbabwe.
The High Court’s ruling serves as a wake-up call to the Zimbabwean government to address this legal oversight as a matter of urgency. The protection of children from sexual exploitation is a fundamental responsibility, and the current legal vacuum jeopardizes this safeguard.
The case has sparked a national conversation about the effectiveness and responsiveness of Zimbabwe’s legislative processes, especially in matters pertaining to the protection of vulnerable groups. It underscores the importance of timely legislative action and the dire consequences of delays in such critical areas.
As Zimbabwe grapples with this legal crisis, the need for swift and decisive action to close this loophole is paramount. The government’s response to this issue will be closely watched by both national and international observers, as it will be indicative of the country’s commitment to upholding the rights and safety of its children.
In conclusion, the revelation of this legal loophole in Zimbabwe’s child protection laws is a stark reminder of the need for vigilant and proactive legal governance. It calls for immediate action to rectify the lapse and ensure that such oversights do not compromise the safety and justice owed to the youngest and most vulnerable members of society.
