File Name: criminal law and codification act zimbabwe .zip
Division D: Transmitting HIV deliberately or in the course of committing sexual crimes Deliberate transmission of HIV: 1 Any person who a knowing that he or she is infected with HIV; or b realising that there is a real risk or possibility that he or she is infected with HIV; intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that other person, and shall be liable to imprisonment for a period not exceeding twenty years. Current prosecution:. From the information gathered, deliberate transmission of HIV to another can be prosecuted under the Criminal Law in Zimbabwe. The law also provided for people who transmit other sexually transmitted diseases to be prosecuted. If the person to whom HIV is transmitted knew hat the accused was HIV-positive, and consented, then the accused is exempt from prosecution. From the media reports, at least one woman has been convicted for transmitting HIV.
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SADC member states have identified peace, security and the promotion of human rights as key concerns within the region. The Declaration and Treaty of SADC calls on SADC and its member states to act in accordance with several principles which include solidarity, peace, and security as well as human rights, democracy, and the rule of law. Human Rights Watch believes that ensuring respect for human rights and the rule of law in all Southern African countries is essential to peace and security in the region. The regional ramifications of the deteriorating human rights situation in Zimbabwe have already been witnessed. SADC must ensure that the Zimbabwean government makes demonstrable progress towards ending human rights abuses, prosecuting those who perpetrate such abuses, strengthening the rule of law, implementing judicial reforms, and ensuring the rights to freedom of association and expression.
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The Constitution of Zimbabwe which was in use just after the country attained its independence in , has been criticized by the child rights sector for not being child friendly. It only included civil and political rights in issues to do with governance Lincoln University, The disadvantage with the Constitution then, was that its bill of rights did not protect children. In , however, the child rights sector expressed relief when the new Constitution brought with it rights for special groups of people who included children. Nevertheless, this article will show that existing laws are not in agreement with the constitutional provisions on child protection, in particular, the Criminal Law Codification and Reform Act [Chapter ], the Marriage Act [Chapter ] and the Customary Law Marriages Act [Chapter ]. Section 19 of the Constitution specifically provides for children.
It highlights a number of concerns with respect to sections 65 — 72 of the Criminal Law Codification and Reform Act [Chapter ] Criminal Code and makes specific recommendations for reform. As a result, there is an urgent need to reform sexual offence legislation, including the Criminal Code in Zimbabwe. This brief offers clear and concise recommendations on how this can be done.
Zimbabwe is a multi-party democracy with a population of 13 million, located in southern Africa. As the country's political crisis worsened between and , with swelling opposition against the ruling ZANU-PF party which has governed Zimbabwe since its independence in , the government reacted by enacting a raft of laws meant to control and restrict free and active citizenry. These included the Interception of Communications Act. The SI provides for the establishment of a central database of information about all mobile phone users in order to assist emergency services and law enforcement agencies and to protect national security. This was despite the fact that five months prior, in May , Zimbabwe had adopted a new constitution with better safeguards for the enjoyment of freedom of expression.
Prohibition is still to be achieved in the home, alternative care settings, day care, schools and in penal institutions. Corporal punishment is unlawful as a sentence for crime under a Constitutional Court ruling but prohibition has not yet been confirmed through law reform. These provisions should be repealed and prohibition of all corporal punishment enacted in relation to parents and all persons with authority over children.
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Sexual crimes committed against young or mentally incompetent persons outside Zimbabwe. Prevention of conspiracy or incitement abroad to commit sexual.