Constitutional Court outlaws beatings for offending juveniles

According to a Judgment of the Constitutional Court of Zimbabwe (CCZ) in the matter pitting the State versus Willard Chokuramba, Justice for Children Trust’s intervening as amicus curiae (friend of the court) and Zimbabwe Lawyers for human rights also intervening as amicus curiae, Chief Justice Luke Malaba sitting with the full bench of the Constitutional Court said the elimination of judicial corporal punishment from the penal system is an immediate and unqualified obligation on the State.

“With effect from 3 April 2019 no male juvenile convicted of any offence shall be sentenced to receive moderate corporal punishment. The prohibition shall apply to sentences to receive moderate corporal punishment that have already been imposed and are awaiting execution,” reads part of the judgement.

“The elimination of judicial corporal punishment from the penal system is an immediate and unqualified obligation on the State. Judicial corporal punishment constitutes a serious violation of the inherent dignity of a male juvenile offender subjected to its administration. It is an antithesis of compliance with the values recognised in Section 53 of the Constitution. To emphasise human dignity is to engage with our conception of what it is to be human. It is also a point of closure: it is definitive and universal. It is not a value that tolerates either derogation or dissent. We recognise this in all sorts of areas, including