On
Wednesday,
a High
Court in
Zimbabwe
struck
down
provisions
of
the
country’s Criminal
Law
Codification
and
Reform
Act,
commonly
referred
to
as
the
“Patriotic
Act,”
as
unconstitutional.
The
Patriotic
Act,
which
President
Emmerson
Mnangagwa signed
into
law in
July
2023,
contains
overly
broad
provisions
that
make
the
rights
to
freedom
of
expression,
peaceful
assembly,
and
association
a
criminal
offense.
The
act
created
the
crime
of
“willfully
injuring
the
sovereignty
and
national
interest
of
Zimbabwe,”
which
effectively
criminalizes
Zimbabwean civil
society groups
and
human
rights
defenders
who
criticize
the
government
at
international
forums
and
prohibits
them
from
seeking
external
avenues
for
accountability
for
rights
violations.
In
its
ruling,
the
court
stated
that
the
drastic
penalties
prescribed
under
section
22A(3)
of
the
act,
which
include
life
imprisonment,
the
death
penalty,
termination
of
citizenship,
and
suspensions
from
voting
and
holding
public
office,
infringed
on
various
sections
of
the
Zimbabwean
Constitution.
Media
Alliance
of
Zimbabwe and
Zenzele
Ndebele,
a
private
citizen,
who
brought
the
case
before
the
court,
argued
that
section
22A(3)
and
other
provisions
had
high
potential
for
abuse
and
misuse.
They
contended
that
the
sections
had
the
effect
of
silencing
dissenting
voices
and
were
therefore
unfair,
unnecessary,
and
unreasonable
in
a
democratic
society.
They
also
said
that
the
law
did
not
sufficiently
define
what
constituted
“willfully
injuring
the
sovereignty
and
national
interest
of
Zimbabwe.”
When
President
Mnangagwa
signed
the
bill
into
law,
domestic
and
international
human
rights
and civil
society organizations,
including
the Office
of
the
United
Nations
High
Commissioner
for
Human
Rights, Zimbabwe
Lawyers
for
Human
Rights,
and Human
Rights
Watch,
expressed
concern
that
the
law
would
further
threaten
and
erode
freedoms
of
expression
and
association
in
the
country.
Several
other
groups signed
a
statement calling
for
the
repeal
of
the
law,
stating
that
it
carried
provisions
“not
necessary
or
justifiable
in
a
democratic
society.”
While
striking
down
sections
of
the
law
as
unconstitutional
is
a
positive
step,
the
Zimbabwe
government
should
repeal
the
draconian
Patriotic
Act
altogether,
as
it
contains
overly
broad
and
vaguely
defined
provisions,
such
as
those
criminalizing
participation
in
meetings
“with
the
intention
of
promoting
calls
for
economic
sanctions
against
the
country.”
Such
provisions
amount
to
serious
violations
of
the
fundamental
human
rights
to
freedom
of
expression,
peaceful
assembly,
and
association
protected
under
international human
rights
law.
Post
published
in:
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