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"

Zimbabwe’s National House of Assembly, which serves as the lower house of the country’s Parliament, passed the Criminal Law (Codification and Reform) Amendment Bill, meant to punish citizens who “wilfully damage the sovereignty and national interest” of Zimbabwe. 
The bill includes several amendments to existing laws, including increased penalties for illegal drug offences, mandatory sentences for rape, and measures to address abuse of authority by public servants. However, the amendments related to political activities have garnered significant attention from the public. These changes, referred to as the “Patriotic Bill,” seek to punish individuals for what the bill’s proponents consider “unpatriotic acts.”
Before providing further explanation, it is important to note how the Members of Parliament voted on the Patriotic Bill.
17 MPs voted against the bill, namely;
<blockquote>
Hon. Biti L. T., Hon. Chamisa S., Hon. Chibaya A., Hon. Chidakwa J., Hon. Chidziva H., Hon. Chimina L., Hon. Hamauswa S., Hon. Hwende C., Hon. Matewu C., Hon. Mliswa T. P., Hon. Murai E., Hon. Mutseyami C. P., Hon. Sibanda D. P., Hon. Siband L., Hon. Tekeshe D., Hon. Tembo M., and Hon. Tobaiwa J.
</blockquote>
99 MPs voted in favour of the bill, including:
<blockquote>
Hon. Chanda G., Hon. Chibagu G., Hon. Chiduwa C., Hon. Chikukwa M.R., Hon. Chinotimba J., Hon. Chipato A., Hon. Chiwetu J.Z., Hon. Chombo M., Hon. Dutiro P., Hon. Dzepasi G., Hon. Dzuma S., Hon. Gandawa M.A., Hon. Gezi T., Hon. Gorerino O., Hon. Gumbo J.M., Hon. Gwanetsa. K.K., Hon. Kabozo. S., Hon. Kapuya F., Hon. Karikoga T., Hon. Karoro D., Hon. Karumazondo M.T., Hon. Kashambe M.T., Hon. Kashiri C., Hon. Maboyi. R.M., Hon. Madiwa C., Hon. Madziva S., Hon. Makari Z.H., Hon. Makoni R.R., Hon. Mandiwanzira S.C, Hon. Mangwiro J.C., Hon. Marikisi N., Hon Maronge C., Hon. Masango C.P., Hon. Mashonganyika D., Hon. Matangira T.R., Hon. Mataranyika D.M., Hon. Mathe S., Hon. Matsikenyere N., Hon. Mavetera T.A., Hon. Mavima P., Hon. Mawite D., Mguni Hlalani., Hon. Mhlanga J.N., Hon. Mhona F.T., Hon. Mkandla M., Hon. Mkaratigwa E., Hon. Moyo E., Hon. Moyo Priscila., Hon. Moyo T., Hon. Mpame C., Hon. Mpofu M. M., Hon. Mpofu R., Hon. Muchimwe P. T., Hon. Mudyiwa M., Hon. Mukuhlani T., Hon. Mukunyaidze S. E. I., Hon. Munetsi J., Hon. Murambiwa O., Hon. Murire J (Rtd) Col. Dr., Hon. Musakwa E., Hon. Musanhi K. S., Hon. Musikavanhu D. A., Hon. Musiyiwa R., Hon. Muswere J., Hon. Mutambisi C., Hon. Mutomba W., Hon. Ncube E., Hon. Ncube Soul., Hon. Ndlovu M. N., Hon. Nduna D. T., Hon. Nguluvhe A., Hon. Ngwenya S., Hon. Nhambo F., Hon. Nhari V., Hon. Nkani A., Hon. Nkomo M., Hon. Nyabani T., Hon. Nhati R. R., Hon. Nyere C., Hon. Paradza K., Hon. Phuti D., Hon. Raidza M., Hon. Saizi T., Hon. Seremwe B., Hon. Sewera J. N., Hon. Shirichena E., Hon. Shumbamhini H., Hon. Sibanda O., Hon. Simbanegavi Y., Hon. Sithole Josiah., Hon. Soda Z., Hon. Togarepi P., Hon. Matuke L., Hon. Tongofa M., Hon. Tsuura N., Hon. Wadyajena J. M., Hon. Zemura L., Hon. Ziyambi Z., and Hon. Zizhou M.
</blockquote>
The tellers for the vote were Hon. Matewu C., Hon. Raidza and Hon. Togarepi.
The Criminal Law (Codification and Reform) Amendment Bill has been passed by Parliament and will go to the Senate, then to the President for signing into law. 
The Bill makes it a crime to participate in any meeting where sanctions or trade boycotts against Zimbabwe are considered or planned, regardless of whether the sanctions are targeted or general.
Similarly, it is a crime to attend a meeting where there is talk of military intervention or the overthrow of the constitutional government in Zimbabwe.
If someone raises these issues at a meeting and you then promote or encourage them, you may be charged with a crime, even if you did not know the agenda beforehand. Punishments for offenders are not specified in the Bill.
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Zimbabwe's Patriotic Bill: How MPs Voted, What The Bill Says

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

Government on Friday, 23 December 2022 gazetted the Criminal Law Codification and Reform Amendment Bill.
The Bill, which has become known as the Patriotic Bill, seeks to punish Zimbabweans for alleged crimes such as treason and “wilfully damaging the sovereignty and national interest of Zimbabwe”.
Those found guilty will lose citizenship or be barred from voting and holding public office. Part of the Bill reads:
<blockquote>
Any citizen or permanent resident of Zimbabwe (hereinafter in this section called “the accused”) who, within or outside Zimbabwe actively partakes… in any meeting whose object the accused knows or has reasonable grounds for believing involves….military or other armed intervention in Zimbabwe…subverting, upsetting, overthrowing or overturning the constitutional government in Zimbabwe; shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to— (i) the same penalties as for treason, in a case referred to in paragraph (a); or (ii) the same penalties as for subverting the constitutional government.
</blockquote>
The Bill has been condemned by civil society organisations and opposition political parties saying it is an attempt by the ZANU PF-led government to silence critics. Reads the Bill:
<blockquote>
A termination of the citizenship of the convicted person, if the convicted person is a citizen by registration or a dual citizen…prohibition from being registered as a voter or voting at an election for a period of at least five years, but not exceeding 15 years.
Prohibition from filling a public office for a period of at least five years but not exceeding 15 years, and, if he or she holds any such office, the convicting court may declare that that office shall be vacated by the convicted person from the date of his or her conviction, unless the tenure of the public office in question is regulated exclusively by or in terms of the constitution.
</blockquote>
Another controversial Bill, the Private Voluntary Organisations Act Amendment Bill is in the final stages of parliamentary approval. | <a href="https://www.newsday.co.zw/thestandard/news/article/200005507/mnangagwa-rolls-out-another-draconian-law">The Standard</a>

"Patriotic Bill" Gazetted

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>

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