GUEST ARTICLE: Who Is Child? ConCourt Explains
By Dickson Jere
For a longtime in Zambia, the definition of “child” has been problematic. This has been coupled by the different ages that various statutes use to define a child.
However, in 2016, we amended the Constitution and included a definition of a child as “a person who has attained, or is below, the age of eighteen”. But then, the confusion continued.
Apart from “child”, the Constitution also introduced other terms such as “adult” who is a person “who has attained or is above, the age or nineteen”. The same document also has a term “young person” which means a person “who has attained the age of fifteen, but is below the age of nineteen”.
But then, who is a child?
So, when the High Court Judge was confronted with this quagmire, he referred the matter to the Constitutional Court (ConCourt) for determination.
A panel of seven Judges was constituted to determine this vexed issue that has given adjudicators problems. The ConCourt ruled thus;
“It is clear that it is universally accepted that a person or an individual is deemed to be a child if that person is below the age of eighteen,” the Judges observed.
The ConCourt looked at different scenarios in Zambia dealing with age and indicated that for one to register and vote in elections, he or she ought to have attained the age of 18 years. The same applies for one to be a citizen of Zambia must be 18 years and above.
“In common parlance these scenarios represent age gapping,” the Court said, adding that the gapping provides a transition from childhood to adulthood.
“We are of the further considered view that it is the intention of the Constitution to allow those that attain the age of eighteen to gain full legal rights and responsibilities,” the Judges said.
The ConCourt said once one attain the age of eighteen, the law permits you to take action and responsibilities that a child cannot take.
“We therefore, hold that the definition of child under Article 266 of the Constitution means any person who is below the age of 18,” the Judges said.
“A person who is over the age of 18 years is therefore, not a child,” the ConCourt concluded.
Case citation – The People v John Sinkamba and Others – 2025/CCZ/R 001 and judgement delivered last week on 28th July 2025.
One Judge dissented for other reasons but in nutshell also agreed that a child is one below the age of 18 years.
“Simply put a child under the Children’s Code is an individual who has reached the age of 18 or is below the age of 18,” the Judge said.
Lecture notes;
1. This is an important case that settles the longstanding confusion concerning the definition of “child” in Zambia. The ConCourt has categorically stated that that a child is one below 18 years old. It is expected that all other statutes dealing with children can be aligned to this definition to avoid confusion and ambiguity.