HARARE – In a landmark ruling, the High Court of Zimbabwe has ruled that a central provision of the Criminal Law (Codification and Reform) Amendment Act, widely known as the “Patriotic Act,” is unconstitutional and therefore unlawful.
The ruling cited its vagueness and overbreadth, which the judge found infringed upon the fundamental rights to freedom of expression, association, and political participation enshrined in the Zimbabwean Constitution.
The judgement, delivered by Justice Rodgers Manyangadze on Wednesday, invalidated Section 22A (3) of Act No. 10 of 2023.
Justice Manyangadze based his decision on the legal doctrines of vagueness and overbreadth, stating that the provision “lacks precision and creates uncertainty.”
He affirmed that this infringement directly impacts the rights to freedom of expression (Section 61), association (Section 58), and political participation (Section 67) as enshrined in Zimbabwe’s Constitution.
“The applicants have substantiated constitutional invalidity in respect of Section 22A (3). The provision lacks precision and creates uncertainty, thereby infringing on rights to freedom of expression, association, and political participation as enshrined in Sections 58, 61, and 67 of the Constitution,” the judge noted.
According to the NewsHawks, a vague provision, in legal terms, is considered ambiguous and open to multiple interpretations, while overbreadth refers to a law that is too broadly written, potentially impinging on protected activities in addition to those it aims to regulate.
The vagueness doctrine requires criminal laws to explicitly define prohibited conduct to be understandable by the average person, and laws violating this are void.
Similarly, the overbreadth doctrine allows challenges to laws that infringe upon the rights of others, even if one’s own actions are not directly affected.
The case was brought forward by the Media Alliance of Zimbabwe and civil rights activist and journalist Zenzele Ndebele, who is also the director of the Centre For Innovation and Technology.
Section 22A (3), which has now been struck down, criminalized meetings with foreign diplomats or participation in discussions related to sanctions against Zimbabwe.
Penalties associated with this provision included citizenship revocation, restriction of voting rights, and bans from holding public office.
However, Justice Manyangadze upheld Section 22A (2) of the Act. This provision, which criminalises illegal participation in foreign-led efforts to overthrow the government, was deemed sufficiently clear and necessary for the protection of national sovereignty.
The Criminal Law Codification and Reform Amendment Act, 2022, was signed into law by President Emmerson Mnangagwa on July 14, 2023, after passing through the National Assembly and Senate.
At the time of its enactment, human rights organizations, including Amnesty International, criticised the “Patriotic Bill,” asserting that its broad provisions were a “grave attack on the rights to freedom of expression, peaceful assembly and association” and represented a “brutal assault on civic space.”
Amnesty International’s Deputy Research Director for Southern Africa, Khanyo Farisè, had called for its repeal.
“The signing of the ‘Patriotic Bill’ into an Act by the President is a grave attack on the rights to freedom of expression, peaceful assembly and association,” Khanyo Farisè stated.
“The enactment of the Bill is stronger evidence that the Zimbabwean authorities are bent on further shrinking civic space and silencing dissent.
“We call on President Mnangagwa to reverse his decision and immediately ensure the repeal of the law to demonstrate the commitment of his government to human rights.
“His government must fully and effectively respect, protect, promote and fulfil the rights of everyone to freedom of expression, peaceful assembly, and association.”
Discover more from Nehanda Radio
Subscribe to get the latest posts sent to your email.
