The duties of the Permanent Secretary of Justice, Legal & Parliamentary Affairs as the Designated Central Authority in Zimbabwe

The Permanent Secretary of the Ministry of Justice, Legal and Parliamentary Affairs in terms of section 5 of the Child Abduction Act [Chapter 5:05] is the designated Central Authority in matters in respect of the Convention on the Civil Aspects of International Child Abduction (the Convention).

In terms of the Convention, the Permanent Secretary of Justice, Legal & Parliamentary Affairs as the designated Central Authority for Zimbabwe has a mandate to co-operate with other competent central authorities and promote co-operation amongst the authorities in their respective states to secure the prompt return of children and to achieve the other objects of the Convention.

In terms of Article 7 of the Convention, the Central Authority has either directly or through any intermediary, the authority to take appropriate measures –

• (a) To discover the whereabouts of a child who has been wrongfully removed or retained;
• (b) To prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
• (c) To secure the voluntary return of the child or to bring about an amicable resolution of the issues;
• (d) To exchange, where desirable, information relating to the social background of the child;
• (e) To provide information of a general character as to the law of their State in connection with the application of the Convention;
• (f) To initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access;
• (g) Where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
• (h) To provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
• (i) To keep each other informed with respect to the operation of the Convention and, as far as possible, to eliminate any obstacles to its application.