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Constitutional Court
Diana Eunice Kawenda v Minister of Justice, Legal and Parliamentary Affairs & 2 Ors
[2022] ZWCCZ 3
Case Details
Court
Constitutional Court
Date
24 May 2022
Citation
[2022] ZWCCZ 3
Judgment No.
CCZ 3/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKARAU JCC
Full Bench
MAKARAU JCCHLATSHWAYO JCCPATEL JCC
Areas of Law
Constitutional LawChildren's RightsCriminal Law
Keywords
age of consentsexual exploitationchild protectionconstitutional validity
Tags
constitutional challengechildren's rightssexual consentcriminal law
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether sections 61, 70, 76, 83 and 86 of the Criminal Law (Codification and Reform) Act are unconstitutional for failing to protect children aged 16-18 from sexual exploitation","issue_type":"constitutional","dispositive":"yes","related_facts":"Definition of child in Constitution as under 18; current law only protects under 16"}
- {"issue_text":"Whether the High Court erred in awarding costs against the applicant in a constitutional matter","issue_type":"procedural","dispositive":"no","related_facts":"Case involves constitutional challenge of public importance"}
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background
Facts of the Case
Background
The appellant challenged the constitutional validity of sections of the Criminal Law (Codification and Reform) Act that set the age of sexual consent at 16 years, arguing this was inconsistent with constitutional provisions protecting all children under 18 from sexual exploitation. The High Court dismissed the application with costs.
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