‘Criminal Law Amendment Bill draconian'

LEGAL experts have described the Criminal Law ( Codification and Reform) Amendment Bill 2022 as draconian, adding it would not survive a legal challenge.

The amendments, which Zanu PF had always wanted to be included in its proposed Patriot Bill, were instead smuggled into the statutes as proposed amendments to the criminal code.

On Wednesday during the official opening of the Fifth Session of the Ninth Parliament, President Emmerson Mnangagwa announced that the criminal code would be amended.

The amendments will include clauses that will criminalise conduct that undermines Zimbabwe's sovereignty, dignity, independence and national interests.

Critics view this as aimed at stifling dissent ahead of the 2023 polls.

Constitutional law expert Lovemore Madhuku told NewsDay: “That's a waste of time. That Bill will not survive a constitutional challenge. It will be struck down. We always have people speaking against their country worldwide. This is not confined to Zimbabwe alone. So that Bill is just a stupid Bill.”

Zimbabwe Human Rights NGO Forum public interest litigation specialist Advocate Darlington Marange said: “This move simply confirms sentiments by the citizens that this government cares about remaining in power at all costs. How can you criminalise issues to do with national interests? We have a government which has not been able to separate the functions of a government and that of a political party.”

He described the Bill as a draconian law. “Every country's dignity is determined by how its government treats its citizens. We cannot legislate on how citizens should love their national interest; sovereignty and independence because every citizen loves their country. These laws are part of the authorisation package by which this government seeks to gag the opposition, critical voices and civic society activists. The timing of this law is to ensure that they retain power in an election that is not free and fair,” he said.