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President Emmerson Mnangagwa has officially signed the Criminal Laws Amendment (Protection of Children and Young Persons) Bill, 2024, into law, significantly raising the age of consent from 16 to 18. This legislative change aims to bolster protections for children and young people against sexual predators and the scourge of early marriages.
The bill received approval from both Houses of Parliament in July and was enacted on Tuesday, as announced in General Notice 1441A of 2024 published in an Extraordinary Government Gazette.
The move comes in the wake of a Constitutional Court ruling in May 2022, which declared that the existing Criminal Law Code inadequately safeguarded individuals aged 16 to 18 from sexual exploitation. Previously, the law defined young people as those under 16, leaving a critical gap in protection for those aged 16 to 18.
In response to the court’s decision, President Mnangagwa exercised his powers in January under the Presidential Powers (Temporary Measures) Act, introducing Statutory Instrument 2 of 2024. This temporary measure raised the age of sexual consent but was limited to six months, necessitating the passage of a substantive law to ensure ongoing protection.
With the new law now in effect, the legal age of sexual consent aligns with the Constitution, which stipulates the minimum marriage age as 18 and recognizes all individuals under 18 as minors. This alignment not only enhances legal clarity but also introduces harsher penalties for offenders, with potential prison sentences of up to 10 years for those convicted of abusing minors. Crucially, the law states that individuals below 18 cannot legally consent to sexual activity, eliminating any defense based on alleged consent. Legal experts have praised the new legislation.
Professor Lovemore Madhuku, a constitutional law expert, called the law “progressive” and noted that it aligns with international standards. He emphasized the importance of the law in protecting minors from sexual exploitation and highlighted provisions that penalize individuals who knowingly transmit sexually transmitted infections, including HIV, to children.
Reverend Taylor Nyanhete, director of the Zimbabwe National Council for the Welfare of Children, expressed optimism about the new law’s potential impact. “Today, people are celebrating because we now have a law that can hold accountable those who commit sexual crimes against children and young people,” he stated during a recent workshop focused on children’s expectations from the 2025 National Budget.
Child parliamentarians have also voiced their approval of the law. Anesu Tazarurwa, the child MP for Highfield Constituency, thanked President Mnangagwa for his commitment to protecting the rights of young people. “This law will go a long way in safeguarding children from early marriages and sexual abuse,” she asserted.
Her colleague, Advocate Gwenzi from Zengeza West Constituency, echoed this sentiment, highlighting that the legislation provides necessary protections for children forced into marriage. “This law is a significant step forward in our efforts to protect children,” he remarked. Paida Hove, representing the Chizhanje Senatorial seat, emphasized the law’s timely nature, stating that it corrects misconceptions that childhood ends at 16. “By raising the age of consent to 18, the President has strengthened protections for young people,” she noted.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi also expressed gratitude to Senators for their unanimous support during the law’s passage. He acknowledged the collaborative spirit in addressing such a critical issue, stating, “Today is one of those rare occasions where we encountered no dissenting voice.”
Minister Ziyambi previously described the amendment as crucial for aligning the Criminal Code with constitutional provisions that protect minors. The change redefines young people and ensures they receive the legal protections necessary to combat sexual exploitation and early marriage.
