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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>

Pindula News

Reporters Without Borders Urge Zimbabwe To Abandon "Patriotic Bill"

The Upper House of Parliament, the Senate on Wednesday passed the Criminal Law (Codification and Reform) Amendment Bill, often referred to as the Patriotic Bill.
The Bill will now be sent to President Emmerson Mnangagwa for his assent for it to become an Act.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, said the Bill was not meant to outlaw criticism of the Government or the President. He said:
<blockquote>
We are not trying to inflict pain on anyone, but we want to deal with those individuals who engage foreign governments or their agents in meetings, calling for trade boycotts or imposition of sanctions against the country and causing suffering to ordinary people.
</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.
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>

Senate Passes "Patriotic Bill"

The Criminal Law (Codification and Reform) Amendment Bill was passed by 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 campaign against the country through private correspondence with foreign Governments and harm the national interest.
The Bill was passed with some amendments and now awaits transmission to Senate.
If the Senate approves of the Bill, it will then be sent to the President for his signature to become an Act.
Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi brought amendments to the Bill which were supported by ZANU PF MPs but were opposed by CCC led by Harare East MP, Tendai Biti.
At least 99 Members of Parliament voted in favour of the amendments while 17 voted against resulting in the adoption of the amendments. Ziyambi’s 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>
Other proposed penalties include termination of the citizenship of the convicted person, if that person is a citizen by registration or a dual citizen, prohibition of being a registered voter for a period ranging between five and 15 years and prohibition of standing for a public office for a prescribed period.
The Bill sailed through after the Parliamentary Legal Committee issued a Non-Adverse Report on amendments that had been adopted.
The Bill also amended the current framing of the offence of criminal abuse of office, and provides for a mandatory minimum sentence in rape and murder cases and expands the definition of “dangerous drugs”.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZANU PF-dominated Parliament Passes Patriotic Bill

Parliament is rushing to have the Electoral Act amended and has invoked guidelines to fast-track the proposed laws so that they apply to this year’s general elections.
Any electoral legislation that will be passed once President Emmerson Mnangagwa proclaims an election date will not apply to the 2023 general elections.
Over the past weekend, State media quoted Mnangagwa as saying he would proclaim the election date on Monday but this did not happen as Members of Parliament are still to finalise amending the Electoral Act.
The Electoral Amendment Bill will operationalise the latest constitutional amendments for the election of 10 youth members to the National Assembly, one from each province, as well as the continued election of 60 women, six from each province, to the National Assembly under a quota system, among others.
Minister of Justice, Legal and Parliamentary Affairs Ziyambi Ziyambi has since invoked guidelines to fast-track the process of amending the Electoral Act.
Speaking in the National Assembly (the Lower House of Parliament) recently, Ziyambi said:
<blockquote>
The provisions of Standing Orders Number 53, 66 (2), 144, and 147 regarding the automatic adjournment of the House at Five minutes to Seven O’clock p.m. on sitting days other than a Friday and at Twenty-Five minutes past One O’clock on a Friday, Private Members motions taking precedence on Wednesdays after question time, procedures in connection with Parliamentary Legal Committee and Stages of Bills respectively be suspended with effect from today and for the next series of sittings in respect of Government business. I so submit.
</blockquote>
In an interview with State media, ZEC chief elections officer Utloile Silaigwana said:
<blockquote>
Ordinarily, any law that changes after the proclamation has no effect on the way elections are going to be conducted.
It is up to the legislators if they legislate early enough then that will have an effect in the coming elections. But if they don’t then they will be out of time.
</blockquote>
Silaigwana said ZEC does not come up with electoral reforms as it is the role of Parliament to enact laws governing the running of elections.
He added that ZEC can only recommend certain reforms, but it’s up to Parliament to come up with electoral reforms where it’s necessary.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Parliament Races Against Time To Amend Electoral Act

Presidential spokesperson George Charamba has revealed why the ruling ZANU PF party pushed for the removal of the running mate clause from the Constitution.
Charamba, who is also Deputy Chief Secretary to the President and Cabinet (Presidential Communications), on Friday told the ZANU PF information department that the clause created the basis for conflict between a president and his deputy as it undermined the element of hierarchy in the State. He said:
<blockquote>What it means essentially is your main candidate will then pick on an assistant, but both are incorporated in elections so the essence of a running mate lies in the elective politics of a country.
The two characters are subjected to a national vote which means the hierarchy between them is a matter of arbitrary party decision. Otherwise, in terms of processes, that birthed them, they are equal.
What that does is it raises a grim possibility of disharmony in the body politic because essentially what you are saying is the President is elected by Zimbabweans, the Vice-President is also elected by the same Zimbabweans.
You can even have a situation, and it has even happened in other jurisdictions where a Vice-President can actually get more votes than the
President.
So you are already building within your body politic a basis for conflict exacerbated by disagreements that are natural in the process of running the country.
Also, you are making number one (the President), ‘definitionally’ unable to appoint a number two (VP) because both are appointed by the voters. So that element of hierarchy is undermined.</blockquote>
Charamba disclosed that former president Robert Mugabe and former prime minister Morgan Tsvangirai (both late), were against the inclusion of the clause in the draft constitution. He added:
<blockquote>I remember the current President coming to the then President, the late Cde Robert Mugabe to say we have hit a deadlock in respect of the key issue of running mates, it goes against our own philosophy as Zanu PF.
We have reached the stage of make or break and we are reaching a stage where we break the draft constitution.</blockquote>
Charamba said Mugabe allowed the clause to pass on the basis that it would be only implemented after 10 years (from 2023 onwards).
<h4>More: <a href="https://www.newsday.co.zw/2021/05/charamba-speaks-on-ed-chiwenga-tiff-says-no-to-powerful-vp/" rel="noopener" target="_blank">NewsDay</a></h4>

Charamba Reveals Why ZANU PF Rejected 'Running Mate' Concept

The Constitution of Zimbabwe Amendment (No.2) Act has been gazetted after President Emmerson Mnangagwa signed it into law.
The Bill recently sailed through the National Assembly and Senate 191 to 20 and 65 to 10 votes, respectively and was awaiting President Mnangagwa’s signature to become law.
Among other things, the new law gives the president unchecked authority to fill the seats of the three most senior judges in the country.
According to <a href="http://kubatana.com/" rel="noopener" target="_blank">Kubatana.com</a>, in making the appointments, while the president would be required to consult the Judicial Services Commission, he would not be required to accept any of the body’s recommendations.
Furthermore, while the president must inform the Senate if his decision is not consistent with the recommendation of the JSC, the Senate would not have the authority to block or change, or force him to change, his decision.
The new law also removes a clause on running mates and retain the present system of the President appointing vice-presidents, extend the quota of extra women MPs by two more terms, add 10 more seats reserved for people aged 21 to 35 and extend the tenure of judges beyond 70 years of age.

Mnangagwa Signs Constitutional Amendment Bill No.2 Into Law

The ruling ZANU PF party has thrown its weight behind the contentious Constitutional Amendment Bill No.2 which recently sailed through the National Assembly and Senate 191 to 20 and 65 to 10 votes, respectively.
Addressing a press conference at the party’s headquarters in Harare this Friday, ZANU PF spokesperson Simon Khaya Moyo said the amendments are aimed at strengthening the country’s democracy. He said:
<blockquote>This attests to the seriousness of our government and our people to adjust our constitution in line with our founding indigenous and workable standard of governance.
We have however taken note of the spirited attempts by the sworn critics of government misinforming the public about these amendments. Nothing could be further from the truth.
These amendments are aimed at strengthening our flourishing constitutional democracy through the deliberate creation of a stable institution of the presidency by removing the imported running mate clause which has proved to be chaotic where it has been used.</blockquote>
Khaya Moyo argued that it was clear from the onset that the “running mate clause”, which is set to be amputated from the Constitution, was not popular with the framers of the national charter. Said Moyo:
<blockquote>It is, therefore, not by mistake that the makers of the 2013 Constitution, our people, averred that this clause is operational after 10 years from 2013.
This is because it needed to be subjected to further scrutiny coupled with the observation of whether it was efficient in countries where it has been operationalised.
There is certainly therefore nothing amiss in copying international best practices and established traditions as applicable in other jurisdictions.</blockquote>

ZANU PF Backs Constitutional Amendment Bill No.2

MDC Alliance president Nelson Chamisa has hailed the parliamentarians who voted against the controversial Constitutional Amendment Bill No. 2 in the National Assembly on Tuesday.
In an apparent dig on his erstwhile colleague Douglas Mwonzora, who now leads the MDC-T, Chamisa said no true constitutionalist will support the entrenchment of dictatorship, and hypocrisy is terrible but betrayal is worse.
Mwonzora and one of his deputies Elias Mudzuri supported the Bill in the Senate. The law will give the President sweeping powers.
191 legislators from ZANU PF and the majority of members from the MDC-T, a ruling party surrogate, voted in favour of the Bill while only 22 lawmakers from the MDC Alliance and some from MDC-T voted against the mutilation of the constitution.
Posting on Twitter this Wednesday, Chamisa applauded the legislators who voted against the amendments for their principled stand. He said:
<blockquote>No true constitutionalist will ever back a dictatorial amendment to the constitution. Principle is King.
Hypocrisy is terrible, betrayal is worse. I detest both. Those who truly believe in constitutionalism, thank you for your principled voting in the National Assembly. People shall govern!</blockquote>
<blockquote class="twitter-tweet" data-partner="tweetdeck">
No true constitutionalist will ever back dictatorial amendment to the constitution.Principle is King.Hypocrisy is terrible,betrayal is worse..I detest both. Those who truly believe in constitutionalism,thank you for your principled voting in e National Assembly.Pple shall govern!
— nelson chamisa🇿🇼 (@nelsonchamisa) <a href="https://twitter.com/nelsonchamisa/status/1384777774708178945?ref_src=twsrc%5Etfw">April 21, 2021</a></blockquote>
<script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script> 
Four MDC-T MPs, including deputy leader Thokozani Khupe, Nomvula Mguni, Phelela Masuku, and Paurina Mpariwa joined MDC Alliance lawmakers and voted against the amendment.
The Chamisa MPs who rejected the alterations include Livingstone Chimina, Patrick Dube, Joel Gabuza, Innocent Gonese, Shapespear Hamauswa, Norman Allan Markham, Phelela Masuku, Daniel Molokela, Edwin Mushoriwa, Stella Ndlovu, Jacob Nyokanhete, Tose Wesley Sansole, Trevor Saruwaka, Job Sikhala, Godfrey Sithole, Jane Nicola Watson, Jasmine Toffa, Illos Nyoni, and David Tekeshe.

Chamisa Slams 'Fake Constitutionalist', Mwonzora For 'Betrayal'

The majority of Members of Parliament in the National Assembly on Tuesday approved changes to the country’s Constitution.
About 191 legislators have voted for the adoption of the Constitution Amendment Bill No.2, against 22 who voted no.
Here are some of the changes that the Constitution Amendment Bill No.2 will bring when passed into law:
<ul>
<li>The President will be allowed to appoint about seven people to Cabinet who are not legislators. Under the current law, he is only allowed about five.</li>
<li>The running mate clause will go, allowing the President to choose his Vice Presidents after elections.</li>
<li>Proportional Representation legislators in the National Assembly will have their seats extended by another 10 years.</li>
<li>Judges of the Constitutional Court and the Supreme Court will now retire at 75, instead of at 70.</li>
<li>Judges of higher courts will also be appointed by the President in consultation with the judicial service commission, instead of being subjected to public interviews as is the case now.</li>
</ul>
MDC Alliance legislators among them Edwin Mushoriwa, Jasmine Toffa, Innocent Gonese and Daniel Molokele attempted to block the amendments during the Committee stage but were unsuccessful.
In rejecting the running mates clause, Justice minister Ziyambi Ziyambi had this to say:
<blockquote>I had already indicated that – the functions are so narrow, you are just there to assist the President. He enunciated his vision and you are just there to run with his vision.
Why should we have somebody elected and waste taxpayers money on somebody who is there to run with somebody’s vision? I submit that let us proceed with this amendment which is very progressive.</blockquote>
<h4>More: <a href="https://openparly.com/index.php/2021/04/20/191-mps-vote-for-amendment-no-2/" rel="noopener" target="_blank">Open Parly</a></h4>

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