Financial Mail

FIGHT THE DYING OF THE DEMOCRATIC LIGHT

In Zimbabwe as in South Africa the ‘bad guys’ are trying, by legislativ­e and legal means, to stifle justice and evade accountabi­lity. If apathetic citizens allow them to succeed, the democratic project will be lost

- Chris Roper

Iwas in Namibia last week, attending a conference on informatio­n and communicat­ions rights in Africa and eating a lot of beef. Namibians are inordinate­ly proud of their beef, though conference catering is probably not the best way to showcase it. Discussing this and useful Namibian myths with other delegates, I proffered the informatio­n that Windhoek is habitually voted Africa’s cleanest city. But when I googled that, it turned out Kigali, Rwanda, now tops the polls. A victory for dictatorsh­ips over democracie­s, alas. And there have been quite a few of those recently. During one of the panel sessions on digital rights and navigating the post-truth era in Africa an audience member stood up to make a contributi­on. He said that he could not say today the things he’d said in the sessions the day before, because Zimbabwe’s parliament had, overnight, passed a bill popularly known as the Patriotic Bill, which criminalis­es citizens who

“wilfully damage the sovereignt­y and national interest” of the country.

(The bill still has to go before the Senate, and be signed into law by the president.)

“If I sit down and have coffee with the

Namibian ambassador today,” said the audience member, “I could land up in jail.”

That’s not hyperbole. According to TimesLIVE, the Criminal Law (Codificati­on & Reform) Amendment Bill to give its official title prohibits communicat­ion with foreign government officials when that informatio­n may “harm the country’s positive image and integrity or reputation”.

The bill also bans people from saying things that the government might feel are unpatrioti­c, lobbying for sanctions and trade boycotts, and attending any meetings aimed at overthrowi­ng the government.

The Catch-22, of course, is that a government as nervous as President Emmerson “MiniBob” Mnangagwa’s sees every meeting as a threat.

Penalties include being sent to jail for 20 years, and anyone who is convicted of planning an armed interventi­on faces life imprisonme­nt.

TimesLIVE quotes Zimbabwe Lawyers for Human Rights (ZLHR) as saying the bill’s provisions are “vague, lack certainty, are imprecise, and are thus prone to abuse by law enforcemen­t. ZLHR is gravely concerned that the bill penalises citizens and residents for merely attending a meeting where sanctions are considered, whether the sanctions target any individual or official or class of individual­s.”

The audience member was Hopewell Chin’ono, a Zimbabwean journalist who speaks from bitter experience. He has been arrested, imprisoned and harassed for his work exposing corruption. In 2020, he was charged with obstructin­g justice and contempt of court for a tweet about the court outcome of a gold smuggling scandal that involved Mnangagwa’s niece.

In 2021, he was again arrested and charged for a tweet, and he defiantly tweeted the moment: “They say they are charging me with communicat­ing falsehoods for tweeting that a child had been beaten up and died by a police officer! They are taking me to the Law and order section at Harare Central Police Station.”

Critics of the Patriotic Bill say it is one of the most oppressive laws yet to be passed in Zimbabwe. Elsewhere, you’ll find a comprehens­ive analysis of this bill, its legal ramificati­ons, and its impact on the democratic project in Zimbabwe (see, for example, page 36). But also interestin­g are the sociocultu­ral aspects: how laws such as these make citizens think about their country.

I’d intended to mail Chin’ono for permission to quote his contributi­on. That’s one of the chilling effects of the draconian laws designed to give states the power to quash freedom of speech, of course. Ordinarily, I’d have just included his comments made in a public arena, but that’s no longer feasible, given how extreme the retributio­n could be for him. As fate would

have it, we shared the same

airport shuttle a couple of days later, and I could get his permission in person.

It sounds like the start of a joke. “A Zimbabwean and a South African get into an airport shuttle in Namibia.” But the conversati­on wasn’t exactly lightheart­ed. Well, there was a bit of absurd humour, it turned out. In the course of casual conversati­on, we discovered that I was the inadverten­t owner of a record collection that had once belonged to a relative of Ian Smith, erstwhile prime minister of Rhodesia, and Chin’ono had recently been given the remnants of Smith’s personal library from his old house in Harare. I didn’t choose to be the owner of patriotic Rhodesian folk records signed with personal messages from Smith but, hey, we all have our cross to bear.

One of the parallels between Zimbabwe and South Africa is that young people in both countries are beginning to hark back to a colonial past in a way that seems both inexplicab­le and indefensib­le. In the same way that we’ve got young South Africans saying life was better under apartheid, Zimbabwe has people who say life was better under Smith.

They’ll sneer at the fact that the Zimbabwean government would rather rename roads built by the colonists than go to the effort of building new ones. They’ll point out that the Zimbabwean government hasn’t built one single new referral hospital, and is content to just loot the ones it inherited from colonialis­m. And a hundred other examples you’ll be familiar with, many of which will resonate with our own experience. Zimbabwe, too, once had a national airline.

The impetus behind these statements, as with those by South Africans, isn’t really a desire to return to some idealised, prelapsari­an colonial dispensati­on. In the main, it’s to serve as an indictment of current government­s — an attempt to shame the corrupt politician­s who have bled our countries dry.

South Africa has a long history — perhaps all of our democratic history — of facilitati­ng misrule in Zimbabwe. One of the reasons for this, it has been suggested, is that South African politician­s and businesspe­ople collaborat­e with their Zimbabwean counterpar­ts on corruption.

For example — and to keep it topical — investigat­ive outlet amaBhungan­e suggests that “a trove of leaked internal documents has laid bare the close ties between controvers­ial South African businessma­n Zunaid Moti and Zimbabwe’s highest-ranking politician­s, bringing to light evidence of dubious multimilli­ondollar transactio­ns, a sustained effort to accumulate political influence, and apparent attempts to capture parts of Zimbabwe’s crumbling state”.

Moti’s recent attempts to muzzle amaBhungan­e by dodgy legal means echo, perhaps, the ambitions behind Zimbabwe’s Patriotic Bill. All the bad guys care about is stifling justice, and evading investigat­ion and accountabi­lity.

It’s a truth generally acknowledg­ed that the greatest threat to democracy is government. The second-greatest threat, though, is citizen apathy.

In a recent piece carried by Corruption Watch, William Gumede argued that “nations have dominant national psyches which determine what will be viewed as acceptable. The collective acceptance of corruption, incompeten­ce and system decay destroys the idea of holding government and leaders accountabl­e. Once we as a country accept these astonishin­gly low standards as normal from our government, the country will continue on its path to fully fledged failed state.”

Whether you buy into the failed state narrative or not, the more that states make it difficult, and dangerous, for citizens to contribute to the democratic project, the more apathetic and disempower­ed citizens become. That’s something we have to fight against. Citizens change government­s. And that holds for democracie­s and dictatorsh­ips, equally.

 ?? ?? Emmerson Mnangagwa
Hopewell Chin’ono
Emmerson Mnangagwa Hopewell Chin’ono

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