Fact Check: Is it legal to vend, beg with minor children in tow?

The Zimbabwe government says it plans to introduce a “Child Justice Bill” to reinforce children protection laws, including provisions forbidding vendors and beggars from taking minor children to vending sites and begging ventures, according to a local weekly newspaper.

Claim: The Sunday Mail reported on March 19 that under current legislation it was already illegal for adults to be accompanied by children to their vending or begging work, or to use or exhibit them during public entertainment shows in a manner “detrimental” to their general welfare. The offence, it said, was punishable by a fine or a jail sentence.

Is this true or false?

Verdict: True.

According to the Children’s Act, Chapter 5:06: “Any parent or guardian of a child or young person who allows that child or young person, or any person who causes any child or young person to (a) beg; or (b) to accompany him or any other person while he begs; or (c) to induce or endeavour to induce the giving of alms; or (d) to perform or be exhibited in any for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body; shall be guilty of an offence and liable to a fine or to imprisonment.”

What are the issues?

Social welfare workers and psychologists say children who grow up on the streets get mentally damaged and need legal and social protection from an environment that exposes them to witnessing or suffering psychological, verbal, physical and other forms of abuse.

In Zimbabwe’s case, Justice for Children — a children’s rights advocacy organisation — says there is need to take care of vulnerable minors as stipulated under various Sections of the Children’s Act.

The Sunday Mail quoted Ministry of Public Service, Labour and Social Welfare’s provincial social welfare officer for Harare, Susan Ngani, as saying the government was working on a new Child Justice Bill to strengthen the existing Children’s Act.

As part of buttressing the protection of minors, she said, the ministry was working on establishing a day-care facility in Harare’s central business district (CBD) where vendors and working parents could leave their children under the care of skilled social welfare workers.

This initiative, Ngani said, was long overdue as many other countries  had such day-care centres for children.

The Sunday Mail said children brought into the capital city by vendors were particularly vulnerable as the vendors often fought running battles with Harare municipal police, and some used their children as shields in resisting arrest for trading from illegal and undesignated sites.

Sources:
https://www.law.co.zw/download/childrens-act/
https://www.sundaymail.co.zw/illegal-vending-in-town-with-kids-an-offence-day-care-centre-set-to-be-established
http://www.justiceforchildren.org.zw/

Related:
Factsheet: Children’s Welfare Organisations in Zimbabwe
Factsheet: Adolescent Sexual and Reproductive Health Rights in Zimbabwe
Factsheet: Zimbabwe battles rising drug abuse problem

Do you want to use our content? Click Here