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Harare High Court
Diana Eunice Kawenda and Lovenes Mudzuru v Minister of Justice Legal and Parliamentary Affairs and Minister of Health and Child Care and Attorney General of Zimbabwe
HH 32/21
Case Details
Court
Harare High Court
Date
20 January 2021
Citation
HH 32/21
Neutral Citation
[2021] ZWHH 32
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Constitutional LawChildren's RightsCriminal Law
Keywords
age of sexual consentconstitutionalitysection 81 of ConstitutionCriminal Law Codechild protection
Tags
constitutional challengeage of consentchildren's rightssexual offences
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Children's Act
- Public Health Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether sections 61 and 70 of Criminal Law Code are unconstitutional for setting age of sexual consent at 16 contrary to constitutional definition of child as under 18","issue_type":"constitutional","dispositive":"yes","related_facts":"Constitutional definition of child, statutory definition of young person"}
- {"issue_text":"Whether current age of consent violates children's rights to dignity, equality, healthcare and protection from exploitation","issue_type":"constitutional","dispositive":"yes","related_facts":"Rights under sections 51, 56, 76, 81 of Constitution"}
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background
Facts of the Case
Background
Two young Zimbabwean feminists and human rights activists challenged the constitutionality of sections 61 and 70 of the Criminal Law Code which set the age of sexual consent at 16 years, arguing it conflicts with the constitutional definition of a child as anyone under 18 years and violates children's rights to protection from sexual exploitation.
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