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The United Nations High Commission for Human Rights (UNHCHR) has condemned the enactment of the “Patriotic Act” by the Zimbabwean government.
The law criminalizes “wilfully injuring the sovereignty and national interest of Zimbabwe” and prescribes, among other sentences, death on anyone convicted of the crime.
The new law, which is known as the Criminal Law (Codification and Reform) Act, was assented to by President Emmerson Mnangagwa last week.
In a tweet on Monday, the UN High Commission for Human Rights said the law could be used by the Government to weaken civil society. It said:
<blockquote>
We regret that Criminal Law (Codification and Reform) Act has now been signed into law. Risks being misused to target, criminalize and weaken civil society. Open and pluralistic civic space is key for sustainable dev’t: law &amp; policy must facilitate these objectives.
</blockquote>
The controversial amendments to Clause 2 (3) read as follows:
<blockquote>
Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, intentionally partakes in any meeting, whose object or one of whose objects the accused knows, or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions or a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted or targets any individual or official, or class of individuals or officials), but whose effects indiscriminately affect the people of Zimbabwe as a whole, or any substantial section thereof shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to…
</blockquote>
The Dutch Embassy in Harare, the EU Delegation to Zimbabwe, the US Embassy in Harare, as well as Amnesty International, have all condemned the enactment of the law.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

UN Human Rights Commission Condemns Enactment Of Patriotic Act

CCC spokesperson Fadzayi Mahere has condemned the signing into law of the Criminal Law Codification and Reform Amendment Bill 2022, commonly referred to as the “Patriotic Bill” by President Emmerson Mnangagwa, which she described as unconstitutional.
The Chief Secretary to the President and Cabinet, Misheck Sibanda announced that Mnangagwa has assented to the Patriotic Bill through General Notice 1189 of 2023 published in the Government Gazetted on Friday, 14 July 2023.
Mahere said the signing into law of the controversial Bill proves that Mnangagwa’s government is worse than that of the late former president Robert Mugabe who was deposed by the military in November 2017. <a href="https://twitter.com/advocatemahere/status/1679815541161091072?s=20">Said Mahere</a>:
<blockquote>
We condemn the signing into law of the unconstitutional Patriotic Bill. The enactment confirms that Zimbabwe is a full-blown dictatorship run by a regime worse than Robert Mugabe. In the new Zimbabwe, unjust laws will be repealed. We will deliver freedom.
</blockquote>
Journalist Hopewell Chin’ono said Friday, 14 July “is a dark day for Zimbabwe”. <a href="https://twitter.com/daddyhope/status/1679808753233805312?s=20">He posted on Twitter</a>:
<blockquote>
The so-called Patriotic Act which criminalizes “wilfully injuring the sovereignty and national interest of Zimbabwe” has been signed into law by President Emmerson Mnangagwa.
The interpretation of what consists of willful injuring the sovereignty and national interests will be contested and abused by captured judicial officers.
The Criminal Law (Codification and Reform) Amendment Act has been condemned by human rights actors both at home and internationally as an instrument meant to punish critics of the corrupt and repressive ZANU PF regime!
This draconian law closes the little free speech space which was available as it violates the Zimbabwean constitution’s right to free speech.
It will see many opposition, government critics and journalists jailed for exercising their constitutional rights.
Currently, Zimbabwe has 2 political prisoners jailed for speaking out against repression and corruption.
Opposition MP and lawyer, Job Sikhala has been in jail for over one year without bail or conviction.
Political activist Jacob Ngarivhume was jailed for 4 years for speaking out against corruption and organizing an anti-corruption march.
The regime inspects Twitter handles of opposition politicians, critics and journalists for anything that offends it and gets them arrested at times using laws that don’t exist.
So this law is meant to muzzle them! Today is a dark day for Zimbabwe!
</blockquote>
The new law provides penalties that include a fine not exceeding level twelve or imprisonment for a period not exceeding 10 years, or both for those found guilty of “wilfully injuring the sovereignty and national interest of Zimbabwe”.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Patriotic Act: Zimbabwe Now A Full-blown Dictatorship, Says Mahere

President Emmerson Mnangagwa has signed into law the Criminal Law Codification and Reform Amendment Bill 2022, commonly referred to as the “Patriotic Bill”, which criminalizes “wilfully injuring the sovereignty and national interest of Zimbabwe”.
The Chief Secretary to the President and Cabinet, Misheck Sibanda announced that Mnangagwa has assented to the Patriotic Bill through General Notice 1189 of 2023 published in the Government Gazetted on Friday, 14 July 2023. Reads the notice:
<blockquote>
THE following laws, which were assented to by His Excellency the President, are published in terms of section 131(6)(a) of the Constitution of Zimbabwe-
1. Criminal Law (Codification and Reform) Amendment Act, 2023. (No.10 of 2023).
2. Labour Amendment Act, 2023 (No 11 of 2023).
</blockquote>
The “Patriotic Bill” amended the Criminal Law (Codification and Reform) Act [Chapter 9:23], which has four clauses, three of which have been described as progressive excluding Clause 2.
Clause 3 amended Section 65 of the Principal Act to make 15 years the minimum required punishment for rape, in response to the rise in crimes of sexual violence and rape.
Clause 4 amended Section 155 of the main Act’s definition of dangerous drugs to include prepared opium, prepared cannabis resin, and a drug schedule.
Clause 5 amended Section 174 of the main Act as the existing definition of criminal abuse of office, as provided for in Section 174 (i), is fairly broad, allowing public officials to be charged for honest mistakes made while doing their duties.
The controversial amendments to Clause 2 (3) read as follows:
<blockquote>
Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, intentionally partakes in any meeting, whose object or one of whose objects the accused knows, or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions or a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted or targets any individual or official, or class of individuals or officials), but whose effects indiscriminately affect the people of Zimbabwe as a whole, or any substantial section thereof shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to…
</blockquote>
The clause provides penalties that include a fine not exceeding level twelve or imprisonment for a period not exceeding 10 years, or both.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

President Mnangagwa Signs "Patriotic Bill" Into Law

Information, Publicity and Broadcasting Services Minister <a href="https://pindula.co.zw/Monica_Mutsvangwa">Monica Mutsvangwa</a> insisted that the controversial “Patriotic Bill”, legally known as the Criminal Law Codification and Reform Amendment Bill, is not meant to suppress freedom of expression.
The bill, which was passed by Parliament on 07 June this year, has been heavily criticised by civil society organisations, including Amnesty International and Reporters Without Borders.
Speaking to the South African publication <a href="https://www.news24.com/citypress/news/zimbabwes-controversial-new-patriotic-bill-just-about-loving-your-country-says-minister-20230625">City Press</a> in Randburg on Friday, Mutsvangwa said the proposed law was meant to deal with citizens conspiring with outsiders to overthrow the government and campaigning for sanctions. She said:
<blockquote>
I don’t accept that it is controversial. It’s okay for people to talk [about it]. That’s freedom of expression…
People who talk about it [the bill] as being controversial; I’d like to understand what it is they are saying.
Is it good to cooperate with people planning subversion of the constitutionally elected government?
Is it good to cooperate with people who are planning a coup? Is that correct? No.
</blockquote>
Under the Bill, it is a criminal offence for any Zimbabwean citizen to willfully injure the country’s “sovereignty, dignity and independence as a nation”.
Participating in meetings with the intention to promote, advance, encourage, instigate or advocate sanctions or trade boycotts against the country is also prohibited.
Under the proposed new law, those found guilty of being unpatriotic will face up to 10 years in prison or a fine and will be banned from voting and occupying public office, among other penalties.
Mutsvangwa claimed that there had been cases in which citizens would bad-mouth the government because they were paid to do so.
She said being unpatriotic included negative remarks about the scarf that President Emmerson Mnangagwa always wears, which is branded with Zimbabwe’s flag. Said Mutsvangwa:
<blockquote>
But I say, this is our flag. Why are we not proud of our own flag? I was a diplomat in the US. I lived in an exclusive area. Every house in the US had a flag flying. There’s nothing wrong with loving your country.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Patriotic Bill Is About "Loving Your Country", Negative Remarks About ED Scarf Unpatriotic, Says Mutsvangwa

Reporters Without Borders (RSF), an international non-profit and non-governmental organisation whose stated aim is safeguarding the right to freedom of information, has urged Zimbabwe to abandon the “Patrotic Bill” saying it poses a major threat to journalism.
The ZANU PF-dominated Parliament passed the Criminal Law (Codification and Reform) Amendment Bill, or Patriotic Bill for short, on the night of 31 May 2023.
Clause 2 of the Bill provides for a death sentence or life imprisonment for anyone “wilfully injuring the sovereignty and national interest of Zimbabwe”.
The Bill was passed by the National Assembly and approved by the Senate and will take effect as soon as it receives approval from the President, who has three weeks to sign it into law from the moment he receives it.
Sadibou Marong, <a href="https://rsf.org/en/patriot-bill-threat-zimbabwean-journalists-two-months-elections">the director of RSF’s sub-Saharan Africa desk, said</a>:
<blockquote>
Journalists are exposed to the heavy penalties envisaged in this law, which violates the constitution and international standards on freedom of expression. This law is a formidable tool that will completely muzzle the press.
Two months before the presidential and parliamentary elections, we urge the authorities to respect basic human rights, which include the right to assembly, the right to express oneself, and the right to inform. Journalists must be able to carry out their work without fear.
</blockquote>
Zimbabwe Lawyers for Human Rights (ZLHR) executive director Roselyn Hanzi said the law will set a bad precedent in Africa and could lead to more self-censorship in Zimbabwe. She said:
<blockquote>
If a journalist is invited to attend a meeting by a foreign government, they may be forced to reject the invite as they will not know if these topics will not be discussed.
Any other participant at the meeting can raise that subject, and mere attendance may even lead to arrest.
</blockquote>
Hanzi argued that as the Bill’s provisions are loosely worded, they are liable to be misinterpreted and are therefore all the more likely “to stifle freedom of expression”.
She said some of the provisions violate Zimbabwe’s constitution, Article 48 of which limits the death penalty to persons convicted of aggravated murder.
The proposed amendments to Clause 2 (3) read as follows:
<blockquote>
Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, intentionally partakes in any meeting, whose object or one of whose objects the accused knows, or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions or a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted or targets any individual or official, or class of individuals or officials), but whose effects indiscriminately affect the people of Zimbabwe as a whole, or any substantial section thereof shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to…
</blockquote>
The clause provides penalties that include a fine not exceeding level twelve or imprisonment for a period not exceeding 10 years, or both.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Reporters Without Borders Urge Zimbabwe To Abandon "Patriotic Bill"

The founder of the #ThisFlag movement <a href="https://pindula.co.zw/Pastor_Evan_Mawarire">Evan Mawarire</a> condemned the passage of the Criminal Law (Codification and Reform) Amendment Bill in the ZANU PF-dominated National Assembly (Lower House of Parliament) on Thursday.
The proposed law contains the contentious Patriotic clause that seeks to punish Zimbabweans who speak badly about the country or associate with foreign diplomats or any other foreigners discussing such issues.
Mawarire said the Bill criminalises citizens’ rights such as freedom of speech, freedom of association, and assembly. He wrote:
<blockquote>
Very sad day for Zimbabwe. Parliament passed the draconian Patriot Act.
It criminalizes freedom of speech, freedom of association, and assembly and disallows Zimbabwe citizens from engaging foreign government officials.
Zimbabwe has become far worse than any of us imagined.
</blockquote>
Citizens Coalition for Change (CCC) spokesperson and lawyer <a href="https://pindula.co.zw/Fadzayi_Mahere">Fadzayi Mahere</a> said:
<blockquote>
Did you know? A person convicted under the “Patriotic Bill” can potentially face the death sentence.
This violation of the right to life under Section 48 of the Constitution which says the death penalty can only be imposed for murder committed by men between 21-70 years.
</blockquote>
Harare East MP, <a href="https://wiki.pindula.co.zw/Tendai_Biti">Tendai Biti</a> (CCC), who vigorously debated against the passing of the Bill in the National Assembly said:
<blockquote>
It was a day indeed as Parliament passed the Patriot Bill this evening.
The new law is an unprecedented law that seeks to proscribe freedom of association, assembly, and speech of any citizen holding a meeting with a foreign government.
Not even Apartheid Rhodesia passed such repugnant law.
</blockquote>
The Bill seeks to amend the Criminal Law (Codification and Reform) Act [Chapter 9:23], which has four clauses, three of which have been described as progressive excluding Clause 2.
Clause 3 will amend Section 65 of the Principal Act to make 15 years the minimum required punishment for rape, in response to the rise in crimes of sexual violence and rape.
Clause 4 proposes to amend Section 155 of the main Act’s definition of dangerous drugs to include prepared opium, prepared cannabis resin, and a drug schedule.
Clause 5 proposes to amend Section 174 of the main Act as the existing definition of criminal abuse of office, as provided for in Section 174 (i), is fairly broad, allowing public officials to be charged for honest mistakes made while doing their duties.
At least 99 Members of Parliament voted in favour of the amendments while 17 voted against resulting in the adoption of the amendments.
Justice, Legal and Parliamentary Affairs Minister <a href="https://wiki.pindula.co.zw/Ziyambi_Ziyambi">Ziyambi Ziyambi’s</a> proposed amendments to Clause 2 (3) read as follows:
<blockquote>
Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, intentionally partakes in any meeting, whose object or one of whose objects the accused knows, or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions or a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted or targets any individual or official, or class of individuals or officials), but whose effects indiscriminately affect the people of Zimbabwe as a whole, or any substantial section thereof shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to…
The clause provides penalties that include a fine not exceeding level twelve or imprisonment for a period not exceeding 10 years, or both.
</blockquote>
The Bill sailed through after the Parliamentary Legal Committee issued a Non-Adverse Report on amendments that had been adopted.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Political Activists Condemn Passage Of 'Patriotic Bill' In Parliament

The Parliament of Zimbabwe has reportedly passed the Criminal Law Codification and Reform Amendment Bill (Criminal Code) which contains a clause that is often referred to as the Patriotic Act.
The clause criminalises “wilfully damaging the sovereignty and national interest of Zimbabwe.”
Posting on Twitter just after 11 PM on 31 May, CCC spokesperson Fadzayi Mahere said reports from Parliament had indicated that the Patriotic Bill had been passed. <a href="https://twitter.com/advocatemahere/status/1664018681381150724">She wrote</a>:
<blockquote>
DARK DAY FOR DEMOCRACY – We’re receiving a disturbing report from Parliament that the dangerous, unconstitutional Patriotic Bill brought via an amendment to the Criminal Code has been passed. It criminalises “wilfully damaging the sovereignty &amp; national interest of Zimbabwe.”
</blockquote>
On Tuesday, opposition legislators criticised the Bill during its Second Reading Stage. Warren Park MP Shakespear Hamauswa (CCC) said:
<blockquote>
We need laws that will put back the powers to the people of Zimbabwe. We do not need any law that takes powers from the citizens of Zimbabwe.
We do not need a law that will say if a Zimbabwean complains about mismanagement of resources, then that person is against Zimbabwe.
</blockquote>
Norton MP, Temba Mliswa (Independent), was on Tuesday ejected from Parliament after he accused ZANU PF of committing atrocities while debating the Patriotic Bill in the National Assembly.
Mliswa criticised ZANU PF for pushing for the enactment of the Patriotic Act saying the ruling party was “deranged”.
According to the Legal think tank Veritas, Clause 2 of the Criminal Law (Codification and Reform) Amendment Bill, inserted a new section into the Code, creating the crime of “wilfully damaging the sovereignty and national interest of Zimbabwe”. <a href="https://www.veritaszim.net/node/6100">Said Veritas</a>:
<blockquote>
The crime will be committed by a citizen or permanent resident of Zimbabwe who takes an active part in a meeting involving or convened by an agent of a foreign government, if the citizen or resident knows or has reason to believe that the object of the meeting is:
<ul>
<li>to consider or plan armed intervention in Zimbabwe by the foreign government, or</li>
<li>to subvert or overthrow the constitutional Zimbabwean government, or</li>
<li>to consider, implement or extend sanctions or a trade boycott against Zimbabwe, or against an individual or official if the sanctions or boycott affect a substantial section of the people of Zimbabwe.</li>
</ul>
Penalties for the crime differ according to the object of the meeting:
<ul>
<li>if the object of the meeting is to consider or plan armed intervention, the penalty for participating in it is the same as for treason, namely the death sentence or imprisonment for life,</li>
<li>if the object of the meeting is to subvert or overthrow the government, the penalty for participating in it is the same as for subverting constitutional government, namely imprisonment for up to 20 years, and</li>
<li>if the meeting is about sanctions or a trade boycott, the penalty for participating in it is a fine of up to Z$200 000 or imprisonment for up to 10 years or both. And in addition, if the crime is committed in aggravating circumstances (i.e. if sanctions were implemented as a result of the meeting or if a non-binding advisory was issued with the same effect as sanctions, or if the convicted person made a false statement during the meeting) and if the prosecutor so requests, the court may impose any of the following penalties:</li>
</ul>
<ol>
<li>deprivation of citizenship, if the convicted person is a citizen by registration or a dual citizen,</li>
<li>cancellation of residence rights, if the convicted person is a permanent resident of Zimbabwe,</li>
<li>prohibition from being registered as a voter or from voting, for a period between five and 15 years, or</li>
<li>prohibition from holding public office for a period between five and 15 years.</li>
</ol>
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwe Parliament Passes Law That Punishes 'Unpatriotic" Citizens

Political commentators have accused President Emmerson Mnangagwa’s government of trying to instill fear in citizens and the opposition after Cabinet last Tuesday approved the principles for enacting the Criminal Law (Codification and Reform) Amendment Bill.
The proposed legislation contains clauses that seek to punish “unpatriotic citizens” and enforce patriotism.
Critics, however, say the proposed law will further close the democratic space as the country heads to the 2023 general elections.
University of Zimbabwe political scientist Eldred Masunungure said the Bill shows dictatorial tendencies. He said:
<blockquote>
The Bill is just there to inject fear into the targeted institutions and political parties.
It may backfire for the regime as this defeats the whole purpose of re-engagement.
The Bill will also target key leaders in the opposition, but the difficulty of enforcing the proposed Act is that it will need a lot of surveillance and it is difficult.
</blockquote>
Another political commentator, Rejoice Ngwenya, said the Bill curtails individuals’ right to freedom of expression. Said Ngwenya:
<blockquote>
It will create a basis for prosecution based on legislative falsehoods.
This can be contested in the Constitutional Court because we are free to express ourselves.
</blockquote>
ZANU PF Chief Whip Pupurai Togarepi first suggested the need for a Patriotic Act in 2018 to punish Zimbabweans who advocate for economic sanctions to be imposed on the country.
ZANU PF later moved a motion in Parliament on the proposed Bill in March 2021.
Last Tuesday, Cabinet approved the principles for enacting the Criminal Law (Codification and Reform) Amendment Bill, which will make it a criminal offence for citizens to advocate for sanctions or embargoes to be imposed on Zimbabwe by foreign governments.
United States-based researcher Madison Mandell said the Criminal Law (Codification and Reform) Amendment Bill seeks to close down the remaining democratic space in Zimbabwe. Mandell said:
<blockquote>
The vague language of the Bill creates a rare opportunity for the ruling party to apply it as a means of stifling freedom of expression, which effectively would close down any remaining democratic ‘space’ in Zimbabwe.
The legislation criminalizes almost any speech that is critical of the government or that draws attention to the state’s dire issues.
These limitations on free speech not only violate the freedoms guaranteed by the 2013 constitution but also jeopardise the prospects to strengthen democracy.
The ability to hold governments accountable is one of the main reasons that free expression is central to democracy; the Bill is a complete assault on accountability.
</blockquote>
| <a href="https://www.newsday.co.zw/thestandard/news/article/200004198/mnangangwa-wants-to-inject-fear">The Standard</a>

Proposed Law On Patriotism Shows Dictatorial Tendencies - Masunungure

ZANU PF has reportedly sponsored an organisation called Varakashi4ED to petition Attorney-General Prince Machaya to fast-track the drafting of the Patriotic Bill.
The Patriotic Bill was mooted a few years ago and the drafting of the proposed law was accepted by the Government in October 2020.
The Bill, if passed into law, will punish citizens for communicating with foreign governments or any officer or agent. The petition delivered to Machaya by Varakashi4ED reads:
<blockquote>
As Varakashi4ED, we are outraged and concerned that in spite of the destructive effect of the sanctions on Zimbabwe being so obvious and so acknowledged by a majority of the international community, there are some Zimbabweans who have proved to be unpatriotic malcontents, hell-bent on begging for the sanctions to stay on.
We, therefore, call upon your (Machaya’s) esteemed office to do its part pronto and assist the Government of Zimbabwe to enact the Patriotic Act, which should be equivalent to the United States of America’s Logan Act, which in essence prohibits and criminalises Zimbabwean citizens and residents from engaging in unauthorised foreign negotiations, parallel diplomacy, foreign lobbying, sanctions incitement and foreign political and economic relations with countries in dispute with Zimbabwe or hostile to Zimbabwe.
</blockquote>
ZANU PF National Assembly chief whip Pupurai Togarepi on Tuesday told NewsDay that the Bill will be brought before Parliament as soon as possible. Said Togarepi:
<blockquote>
There have been around 10 motions by MPs agitating for the enactment of the Patriotic Act. 
The recent debate in Parliament was instigated by a petition by an organisation called Zimbabwe Anti Sanctions Trust.
The motion was adopted and we expect Justice minister Ziyambi Ziyambi to bring the Bill as soon as possible.
</blockquote>
However, political commentators say the proposed law is meant to silence the opposition ahead of the 2023 elections.
<h4>More: <a href="https://www.newsday.co.zw/2022/04/zanu-pf-rushes-patriotic-bill/">NewsDay</a></h4>

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