Zimbabwe: New law to have ‘chilling effect’ on opposition

The ruling Zanu PF party used its parliamentary majority to push through the Criminal Law Code Amendment Bill, known as ‘The Patriotic Bill’, on May 31.

The Bill contains a clause that will criminalise acts considered as unpatriotic.

It lists offences such as wilfully injuring the sovereignty and national interest of Zimbabwe for active participation by Zimbabweans in meetings outside Zimbabwe on issues of military intervention, subverting, upsetting, overthrowing or overturning the constitutional government, or on economic sanctions and trade boycotts.

Zanu PF had planned to introduce a specific Patriotic Bill, but after heavy criticism, it chose to smuggle patriotism amendments into the Criminal Law Code Amendment Bill.

Legal think-tank Veritas programs manager Lizwe Jamela says after passing through Senate on June 7, the Bill now awaits President Emmerson Mnangagwa’s assent to make it into law. 

Unconstitutional sentences

Clause 2 of the Bill prescribes the death penalty for a crime of wilfully damaging the sovereignty and national interest of Zimbabwe.

The amendments state that by attending a meeting to consider or plan armed intervention, the penalty will be the same as that for treason – and under section 20 of the Code, the penalty for treason is death.

That the Bill does not propose to repeal the death penalty for treason says something about the sincerity of the government’s avowed intention to abolish the death penalty

However, Veritas says Zimbabwe’s constitution allows for the death penalty to be imposed only on persons convicted of murder committed in aggravating circumstances, hence it cannot be imposed on persons convicted of treason or performing unpatriotic acts.

Mnangagwa is an advocate of abolishing the death penalty, after he survived the gallows in the 1960s during white colonial rule because he was below the age of 21.

However, Veritas questions his sincerity.

“That the Bill does not propose to repeal the death penalty for treason says something about the sincerity of the government’s avowed intention to abolish the death penalty,” Veritas says.

Bill’s chilling effects

The Zimbabwe Lawyers for Human Rights (ZLHR) in a statement on 1 June said it fears that once enacted into law, the patriotism provisions in the Bill will criminalise participation by Zimbabweans in meetings held outside the country where sanctions are discussed.

“These patriotism provisions will have extraterritorial application and criminalise participation by Zimbabweans in meetings held in other countries. This will have a chilling effect of silencing Zimbabwean civic society organisations’ international advocacy efforts to promote human rights protection in Zimbabwe,” the rights lawyers said.

Grave penalties

Apart from imposing the death penalty on offenders, the Bill also proposes to impose long prison terms of up to 15 years, revocation of citizenship, and prohibition of an offender from being registered as a voter or voting at an election for a period of at least five years.

“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 Zimbabwe Constitution as read with paragraph 2 of the Fourth Schedule to the Constitution, which provides for disqualification of registration as a voter only if a person has been convicted under the Electoral Act,” say the lawyers group.

They said the patriotic provisions will violate human rights at a time when Zimbabwe has committed to implement critical reforms under the Structured Dialogue on Arrears Clearance and Debt Resolution process.

Partisan interests

Debate on the Bill in Zimbabwe’s National Assembly on 30 and 31 May revealed that the Bill is driven by partisan interests.

Opposition legislators warned the ruling Zanu PF party, which is sponsoring the amendments, that if enacted, the law might backfire on them in the event that the opposition wins the 23 August polls.

If we go to elections and we [opposition] take power in this country, then members of Zanu PF will actually face this same law.

On 30 May, Citizens Coalition for Change (CCC) legislator for Dzivarasekwa, Edwin Mushoriwa told parliament: “If we go to elections and we [opposition] take power in this country, then members of Zanu PF will actually face this same law. I don’t think it is in the best interest of Zimbabwe.”

Settling political scores

Hwange Central legislator Daniel Molokela (CCC) warned parliament against crafting laws that have political overtones.

“Clause 2 of the Bill tries to reduce the definition of patriotism into a political discourse…. It is good that we have the authority to pass laws, but it is bad for us to abuse that authority and use the current political discourse because tomorrow, it could be you –tables turn.”

Molokela said during the colonial era, the government of the late former Rhodesian Prime Minister Ian Smith passed the oppressive Law and Order Maintenance Act, among other repressive laws, which they witnessed after Zimbabwe’s independence.

For opposition Norton MP Temba Mliswa (independent), Mnangagwa’s Zanu PF government might be supporting the Bill in order to settle internal party scores.

“You bring your party caucus Bills so that you settle your differences. You [Zanu PF] fired Mnangagwa [in 2017] saying he sold out the country. We don’t want parliament to come up with laws to settle personal scores,” Mliswa said.

Country needs dialogue

CCC vice president Tendai Biti is of the view that the country needs dialogue and reconciliation, not oppressive laws that prescribe patriotism.

The provisions are totally unnecessary and divisive

“There is no individual that can successfully call for sanctions, it is not possible. It is a myth. Governments are independent and they function on their own. The provisions are totally unnecessary and divisive,” Biti said in parliament.

Safeguarding security?

Dr. James Tsabora, a constitutional expert and law lecturer, tells The Africa Report that although the law has been sending chills down the spine of Zimbabweans, its proposed provisions are aimed at safeguarding the country’s security and economic interests.

“In essence, the provisions are informed by Zimbabwe’s recent history related to the fight against sanctions. Importantly, the proposed provisions criminalise meetings between Zimbabwean citizens with foreign governments for the purpose of planning or considering an armed intervention or military intervention against Zimbabwe.”

Tsabora says this limits freedom of association, expression and speech, but these limitations are justified by the national security and defence interests that are endangered by armed attacks and military intervention against Zimbabwe.

“Associations or interaction with foreign governments is not being criminalised. It is those associations that are aimed at military and economic attacks against the Zimbabwean government that are targeted,” he says.

Zanu PF advantage

Despite fierce opposition to stop the Bill, Zanu PF used its parliamentary majority to pass the Bill in the National Assembly after 99 of its legislators voted in the affirmative against 17 votes by opposition legislators.

The Bill is now before the Senate where it is likely going to pass as the ruling Zanu PF party has a majority.