Children can be canned for now: ConCourt

via Children can be canned for now: ConCourt – NewsDay Zimbabwe June 18, 2015

THE Constitutional Court (ConCourt) yesterday ruled that the administration of corporal punishment to children by teachers, parents and courts will remain in force until the matter has been properly dealt with.


The order effectively sets aside High Court judge Justice Ester Muremba’s order last December, which outlawed the administration of corporal punishment on errant juveniles to safeguard their rights.

In its brief ruling, the ConCourt, headed by Chief Justice Godfrey Chidyausiku, said the order by Justice Muremba was no longer operational until as and when the matter would be heard by the ConCourt.

“The matter is postponed sine die (indefinitely) and for the avoidance of doubt and for the guidance of the subordinate court, the order by Muremba J is not operational until the guidance of this court and the law is as it was before that order,” Justice Chidyausiku said.

The setting aside of Justice Muremba’s order followed a directive by the judge instructing the Prosecutor-General (PG) to apply to the ConCourt to have section 353 (1) of the Criminal Procedure and Evidence Act declared constitutionally invalid. Justice Chidyausiku said since the State was opposed to the confirmation of the order in concurrence with Advocate Thabani Mpofu, it was important to hear a different opinion before a determination could be made.

However, former Finance minister and lawyer Tendai Biti, who was present in court representing a different matter, volunteered to present the court with a different opinion in support of the confirmation of the constitutional invalidity.

Advocate Mpofu concurred with the State that the matter had not been properly brought before the court urging the court not to confirm the order.

The State was represented by Justin Uladi from the PG’s Office and Olivia Zvedi from the Attorney-
General’s Office.


  • comment-avatar
    nyati 7 years ago

    Regai tirove vana vedu imi.

  • comment-avatar

    Children can be ‘canned’ in ZanuBabwe ????

    A canner (exceedingly canny)
    One morning remarked to his granny,
    “A canner can can anything that he can,
    But a canner can’t can a can ….
    Can he ?”

  • comment-avatar

    If a teacher canes my child, I will come to the school to cane that teacher. No one will hit my child.

    • comment-avatar
      ReALEST 7 years ago

      Wairohwa kuchikoro and you turned out fine, even better than if you hadn’t been

  • comment-avatar

    Spare a rod spoil a child. Children are not at a stage to make their own choices without guidance and they still consider being found on the wrong side of the law as being a hero. They need to be canned for good reasons and the degree of canning must be determined to protect the interests of parents who think that teachers can to kill

    • comment-avatar
      Kariba 7 years ago

      Sounds like a bizarre form of cannibalism.
      Assume they mean caned.
      Still not acceptable.

  • comment-avatar
    A zivengwa 7 years ago

    Mukasarova vana to instill discipline our children will become like south African children who have become terrorist of their families and communities due to un Limited rights and when you remove the canning you ll regret