The adjustments required to align the provisions of the Code with s. 81(I)(e) of the Constitution appear to be fairly straightforward. They would entail firstly. the amendments of the definition of "young person" in s61 of the Code to include all children as defined in the Constitution and, secondly, the deletion of the word '"extra-marital" in s70 (I) (a) of the Code.
I accordingly make the following order:
I. The appeal is allowed with no order as to costs.
2. The judgment of the court a quo is set aside and substituted with the following:
(2) The definition of '·young person" in s 61 of the Criminal Law Codification and Reform Act [Chapter 9.23] is unconstitutional and is hereby set aside.(
(3) Sections 70, 76, 83 and 86 of the Criminal Law (Codification and Reform) Act [Chapter 9.23] are declared unconstitutional and are hereby set aside. (4) The orders of constitutional invalidity made in paras (2) and (3) above are hereby suspended for 12 months from the date of this order to enable the respondents to enact a law that protects all children from sexual exploitation in accordance with the provisions of s 81(I)(e ) of the Constitution of Zimbabwe:·