Lawfulness of corporal punishment

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Corporal punishment is lawful in the home, where parents have a common law right to chastise their child. Following a Supreme Court ruling that caning of minors amounted to cruel and inhuman punishment, the Constitution (1979) was amended in 1990 to allow “moderate” corporal punishment “in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco parentis or in whom are vested any of the powers of his parent or guardian” (article 15). The Criminal Law (Codification and Reform) Act (2004) codified the criminal law in Zimbabwe and brought it into line with the Constitution, but as at June 2005 was not in force. Section 241 is entitled “Discipline of children” and states that “a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward” (para 2a) and “where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element” (para 2b). Para 6 states that in judging whether or not corporal punishment is moderate, the court will take into account “(a) the nature of the punishment and any instrument used to administer it; and (b) the degree of force with which the punishment was administered; and (c) the reason for the administration of the punishment; and (d) the age, physical condition and sex of the minor person upon whom it was administered; and (e) any social attitudes towards the discipline of children which are prevalent in the community among whom the minor person was living when the punishment was administered upon the minor person.”

Children have limited protection from violence under the Children’s Protection and Adoption Act (1971, amended 2001) and the Criminal Law (Codification and Reform) Act.

Schools

Corporal punishment is lawful in schools, for boys only. According to the Public Service (Disciplinary) Regulations, only the head is mandated to give corporal punishment (Statutory Instrument 65 of the Constitution of Zimbabwe, 1992), although teachers may inflict punishment when given specific authority by the head. The Secretary for Education Circular P.35 of 3 May 1993 on Corporal Punishment in Schools states that boys should be beaten on their buttocks with a light cane, girls should be beaten on their palms. Section 241 of the Criminal Law (Codification and Reform) Act states that “a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student” (para 2b) and, as for parents, “where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element” (para 2b). Para 6 of section 241 also applies (see above).

Penal system

Corporal punishment is lawful as a sentence for crime for males under the Criminal Procedure and Evidence Act (1927, amended 2004). Following the Supreme Court ruling (see above), the Constitution was amended in 1990 to allow corporal punishment “in execution of the judgment or order of a court, upon a male person under the age of eighteen years as a penalty for breach of any law” (article 15).

Corporal punishment is lawful as a disciplinary measure in penal institutions. The Prisons (General) Regulations (1996) govern prisons, the prison service, and prison officers. The Prisons Act (1956, amended 2004) provides for the establishment and management of prisons, including discipline of prisoners and the use of corporal punishment. Provisions in the Children’s Protection and Adoption Act also apply.

Alternative care

Corporal punishment is lawful in the alternative care settings under the Constitution (see above). The Children’s Protection and Adoption Act also applies.

Workplace

No information.

Prevalence research

An analysis of epidemiological data of reported physical abuse of primary school pupils by teachers between January 1990 and December 1997 (73.9% reported to the Ministry of Education, 26.1% to the police) examined cases of corporal punishment which violated the regulations established for its administration (see above). The study found that of 38 cases, in 80.4% the victims were beaten, whipped or hit, 10.9% were clapped or slapped, 4.3% were punched with fists, 2.2% were kicked, and 2.2% punched. Boys were more commonly physically punished than girls (58.7% compared with 41.3% respectively). (Shumba, A., 2001, “Epidemiology and etiology of reported cases of child physical abuse in Zimbabwean primary schools”, Child Abuse & Neglect, vol. 25, pp.265-277)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee further notes that insufficient attention has been paid to the principle of the best interests of the child both in legislation and practice, as well as to the respect for the views of the child in school, social and family life. In this regard, it is noted that, as recognized by the State party, the civil rights and freedoms of the child are to be exercised subject to parental consent or discipline, thus raising doubts as to the compatibility of this practice with the Convention, notably articles 5 and 12.

“The Committee is concerned at the present system of juvenile justice, including the lack of a clear prohibition of capital punishment, life imprisonment without possibility of release and indeterminate sentencing, as well as at the recourse to whipping as a disciplinary measure for boys.

“The Committee recommends that the State party adopt appropriate legislative measures to forbid the use of any form of corporal punishment within the family and in school.”

“In the field of juvenile justice, the Committee recommends that the State party raise the minimum age of criminal responsibility and incorporate in the legislation a clear prohibition of capital punishment, life imprisonment without possibility of release and indeterminate sentencing as well as of the use of whipping as a disciplinary measure.”
(7 June 1996, CRC/C/15/Add.55, Concluding observations on initial report, paras. 16, 21, 31 and 33)