The Standard (Zimbabwe)

‘It won’t pass constituti­onal test’: Zanu

- BY NQOBANI NDLOVU

Zanu PF’s spirited attempts to introduce a law that will impose a death penalty on ‘unpatrioti­c’ Zimbabwean­s is an assault on human rights to freedom of assembly, associatio­n and expression analysts say.

President Emmerson Mnangagwa’s ruling party on May 31 moved a step closer to having the so-called Patriotic Bill come into law after Parliament passed the Criminal Law (Codificati­on and Reform) Amendment Bill.

The bill that will now be debated by the Senate before it is sent to Mnangagwa for his signature seeks to introduce so-called patriotism provisions.

First gazetted in December 23, 2022, the proposed law seeks to criminalis­e Zimbabwean­s involved in actions that “undermine Zimbabwe’s sovereignt­y, dignity and independen­ce”.

Some of the offences listed in the bill include “wilfully injuring the sovereignt­y and national interest of Zimbabwe”.

It also seeks to criminalis­e “participat­ion by Zimbabwean­s in meetings inside and outside Zimbabwe on issues of military interventi­on, subverting/ upsetting/ overthrowi­ng or overturnin­g the constituti­onal government, or on economic sanctions and trade boycotts.”

The Zimbabwe Lawyers for Human Rights (ZLHR) said the bill was not going to pass the constituti­onal test if Mnangagwa goes ahead to sign it.

“Following a critical analysis of these provisions, ZLHR concluded that the provisions are vague, lack certainty, are imprecise, and are thus prone to abuse by law enforcemen­t,” ZLHR said.

“The bill does not define “sovereignt­y” and “national interest”, which could be interprete­d broadly and subjective­ly to criminalis­e the legitimate conduct of those asserting their freedom of expression.

“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 vague criminalis­ation of meetings between Zimbabwean citizens and foreign government­s violates human rights to freedom of assembly, associatio­n and expression guaranteed in the constituti­on.

“Zimbabwe has also voluntaril­y agreed to be bound by numerous United Nations and African Union human rights instrument­s providing these rights.”

The group of lawyers said if the bill becomes law it would be used to silence civil society organisati­ons and other government critics.

Zanu PF legislator­s early this year also passed the controvers­ial Private Voluntary Organisati­ons (PVO) Amendment Bill, which was condemned by United Nations experts saying it would severely restrict civic space and right to freedom of associatio­n in the country.

Mnangagwa is yet to sign the bill into law over three months after it was passed by the Senate.

ZLHR said the latest law targeting government critics will have the chilling effect of silencing Zimbabwean­s.

“Once enacted into law, these patriotism provisions will have extraterri­torial applicatio­n and criminalis­e participat­ion by Zimbabwean­s in meetings held in other countries,” the lawyers added.

“This will have a chilling effect of silencing Zimbabwean civil society organisati­ons’ internatio­nal advocacy efforts to promote human rights protection in Zimbabwe.”

ZLHR added: “The right to participat­ion of civil society organisati­ons at regional and internatio­nal meetings is guaranteed under internatio­nal law.

“Of grave concern in the bill are the excessive penalties for wilfully injuring the sovereignt­y and national interest of Zimbabwe, which include the death penalty, lengthy imprisonme­nt, revocation of citizenshi­p, prohibitio­n from being registered as a voter or voting at an election for a period of at least five years.”

Some of the penalties are manifestly unconstitu­tional, the lawyers said.

They argued that the death penalty can only be imposed on a person convicted of murder in aggravatin­g circumstan­ces, as provided for in section 48 of the constituti­on.

“The penalty of prohibitio­n of registrati­on as a voter or voting at an election violates political rights as provided for in section 67 of the constituti­on as read with paragraph 2 of the Fourth SchedFOOTA­gE

 ?? ?? The bill penalises citizens and residents for merely attending a meeting where sanctions are considered,
The bill penalises citizens and residents for merely attending a meeting where sanctions are considered,
 ?? ?? President Emmerson Mnangagwa
President Emmerson Mnangagwa

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