This
matter was brought to me in terms of section 9(6) of the Guardianship
of Minors Act [Chapter
5:08]
by the magistrate sitting as the Children's Court at Masvingo....,.
In
the case of re: Chikombingo
Ors 2014
(1) ZLR 65) (H)…, I had this to say;
“In
terms of section 27 of the Children's Act, after holding of ...
This
matter was brought to me in terms of section 9(6) of the Guardianship
of Minors Act [Chapter
5:08]
by the magistrate sitting as the Children's Court at Masvingo....,.
In
the case of re: Chikombingo
& Ors 2014
(1) ZLR 65) (H)…, I had this to say;
“In
terms of section 27 of the Children's Act, after holding of the
inquiry and granting the order, the Children's Court is enjoined,
within
seven days, to submit the record of proceedings to the High Court for
review. Such a review can only be meaningful where a proper record of
proceedings has been kept.
In
re: Gonyora 2001 (2) ZLR 573 (H) it was pointed out that the record
of proceedings of a Children's Court which is submitted for review
(whether in terms of the Guardianship of Minors Act [Cap 5:08] or the
Act [Cap 5:06] must include reasons for the court's decision. The
reason for this is clear. This court cannot carry out its review
powers to determine whether the proceedings were in accordance with
real and substantial justice where there is no record of proceedings
and no written reasons for the decision made. In the absence of a
proper inquiry, the record of proceedings and the reasons for the
order made, this court is hamstrung in deciding whether the
Children's Court has taken into consideration the principles that
bear on the child's best interests.”
