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Constitutional Rights re: Children, Youth, the Upper Guardian of Minors and the Principle of Best Interests of Children

HH20-09 : SHERRIE HARRIS vs MARK HARRIS
Ruled By: MUSAKWA J

The Child Abduction Act [Chapter 5:05] gives effect to the Convention on the Civil Aspects of International Child Abduction. The Convention is incorporated as a schedule to the Child Abduction Act.
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SC11-12 : JESTINA MUKOKO vs THE ATTORNEY-GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, SANDURA JA, ZIYAMBI JA and GARWE JA

Section 15(1) of the Constitution provides that:“(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.”In this case, the only relevant concepts are “torture”; “inhuman treatment” and “degrading treatment”. They make up the three key elements of the protection of a person's ...
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HH549-15 : ELSIE BHILA vs THE MASTER OF HIGH COURT and FREDDY CHMBARI NO and RATIDZO BHILA and KELVIN BHILA and KWATINI BHILA
Ruled By: MWAYERA J

Social and legal dictates clearly show that no child should be punished by virtue of not having been sired in a registered union or marriage. It is not in dispute the third to fifth respondents are the late Hillary Kamoti Bhila's children, thus his descendants and beneficiaries to the estate. The current Constitution of Zimbabwe outlaws ...
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SC54-17 : NDABEZINHLE MAZIBUKO vs THE BOARD OF GOVERNORS, CHRISTIAN BROTHERS COLLEGE and THE NATIONAL INCOMES AND PRICING COMMISSION and THE SECRETARY, MINISTRY OF EDUCATION
Ruled By: GARWE JA, GOWORA JA and HLATSHWAYO JA

Lastly, the basis upon which it is suggested that the respondent's conduct violates section 7 of the Children's Act [Chapter 5:06] remains unclear. Section 7 of the Children's Act [Chapter 5:06] criminalises the ill-treatment, neglect, abandonment, assault of a young person by a parent or guardian of a child. Allowing, causing or procuring ...
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HHH47-16 : THE STATE vs SHEPHERD BANDA and EVERTON CHAKAMOGA
Ruled By: CHAREWA J and TSANGA J

Judicial officers ought also to take into consideration the following: (i) Firstly, domestic law has seen fit to prescribe extensive provisions for the protection of children, for which judicial officers must not be seen to be giving mere lip service. Chapter 2 of the Constitution, sets out national objectives, of which section 19 prescribes the protection ...