Harare Correspondent
Harare \u2013 In a landmark ruling, the High Court has declared sections of Zimbabwe\u2019s controversial Criminal Law (Codification and Reform) Act, widely known as the Patriotic Act, unconstitutional, sparking renewed demands for its complete repeal.<\/p>\n\n\n\n
President Emmerson Mnangagwa signed the law in July 2023 despite fierce opposition from human rights groups, both locally and internationally. The legislation imposes harsh penalties, including 20-year jail terms and revocation of citizenship, for those accused of undermining Zimbabwe\u2019s sovereignty or advocating for international sanctions.<\/p>\n\n\n\n
Court Strikes Down Vague and Repressive Provisions<\/p>\n\n\n\n
High Court Judge Justice Roger Manyangadze ruled last week that key sections of the Act violate constitutional rights, following a legal challenge by the Media Alliance of Zimbabwe (MAZ) and journalist Zenzele Ndebele.<\/p>\n\n\n\n
The applicants argued that Section 22A(3) of the Act was overly vague and infringed on constitutional guarantees of freedom of expression, assembly, association, and political participation. They also contested poorly defined terms like \u201cagents, proxies, or entities of foreign governments\u201d and phrases such as \u201csubverting constitutional government,\u201d which they said could be abused to suppress dissent.<\/p>\n\n\n\n
\u201cThe provisions are broadly worded and have a high potential for abuse, aimed at silencing opposing voices,\u201d the applicants argued.<\/p>\n\n\n\n
Human Rights Groups Hail Ruling, Demand Full Repeal<\/p>\n\n\n\n
Idriss Nassah, a senior researcher at Human Rights Watch (HRW), welcomed the judgment but urged the government to scrap the entire law.<\/p>\n\n\n\n
\u201cWhile striking down sections is a positive step, Zimbabwe should repeal the draconian Patriotic Act altogether,\u201d Nassah said.<\/p>\n\n\n\n
\u201cIts vague provisions criminalize basic freedoms\u2014like discussing sanctions\u2014and violate international human rights law.\u201d<\/p>\n\n\n\n
Nigel Nyamutumbu, MAZ coordinator, called the ruling a \u201clandmark\u201d victory for constitutional rights.<\/p>\n\n\n\n
\u201cThe Act\u2019s ambiguous framing sought to control how citizens engage with foreign entities, directly threatening media freedom and enabling state censorship,\u201d Nyamutumbu said.<\/p>\n\n\n\n
\u201cThis ruling revitalizes our fight for fundamental freedoms, though the journey ahead remains difficult.\u201d<\/p>\n\n\n\n
Media Advocates Celebrate \u2018Incremental Gain\u2019<\/p>\n\n\n\n
Njabulo Ncube, coordinator of the Zimbabwe National Editors Forum, described the judgment as a \u201csmall but significant\u201d win for press freedom.<\/p>\n\n\n\n
\u201cWe celebrate, though we had hoped the entire Act would be struck down,\u201d Ncube said.<\/p>\n\n\n\n
\u201cThis law criminalizes journalism and should never have been signed. The president must reconsider this repressive legislation.\u201d<\/p>\n\n\n\n
Government Yet to Respond<\/p>\n\n\n\n
The ruling places pressure on Mnangagwa\u2019s administration, which has faced criticism for tightening restrictions on dissent. The Justice Ministry and Attorney General\u2019s office, named as respondents in the case, have not yet commented on whether they will appeal.<\/p>\n\n\n\n
For now, activists and journalists see the judgment as a critical step toward rolling back one of Zimbabwe\u2019s most controversial laws\u2014but the fight for its full repeal continues.<\/p>\n\n\n\n
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