News / Local
'Patriot Act' jeopardises electoral processes,' says foreign funded NGO
18 Jul 2023 at 06:22hrs | Views
THE Crisis in Zimbabwe Coalition (CiZC) says the passing into law of the Criminal Law (Codification and Reform) Amendment Bill, popularly known as the "Patriot Act", will negatively impact on electoral processes and outcomes.
The Act contains a clause which criminalises wilful "damaging the sovereignty and national interest of Zimbabwe," an offence which rights defenders fear can attract the death penalty and violates freedom of expression and media freedoms.
President Emmerson Mnangagwa approved the law last week.
In a statement yesterday, CiZC spokesperson Obert Masaraure said the development reflected a worrisome escalation of the use of laws to crackdown on the fundamental rights and freedoms of Zimbabweans, particularly regarding freedom of expression, peaceful assembly and association.
"Of major concern is that this is also happening a few weeks before Zimbabwe holds a crucial national election. Undoubtedly, this has every potential to further diminish the credibility of the entire electoral process," said Masaraure.
"It is surprising that at a time when the government has invited foreign observers to come and observe our electoral process, it then chooses to gag citizens from talking about the same election, including its shortcomings which are all too glaring.
"Essentially, this new law is yet another threat to the ability of citizens to engage in open political discourse and to participate freely in the electoral process.
"This will without doubt undermine the inclusivity and fairness of the entire electoral process and ultimately compromise the overall legitimacy of the August 23 elections."
Masaraure described the law as deliberately vague and excessively broad in definition of liable offences by not defining sovereignty and national interest, which could be "broadly and subjectively interpreted to criminalise the lawful conduct of those expressing their freedom of expression."
"Yet, clear and precise definitions of criminal acts are crucial for individuals to understand the boundaries of their legal liabilities," he said.
Indicating that the packaging of the Act was detrimental to the growth of the democratic space, he said some of the proposed penalties were "too harsh and inappropriate for vaguely defined offences".
"In addition, the provision for the death penalty means that the new law violates section 48 of Zimbabwe's Constitution, which only allows for the death penalty in cases of murder in aggravating circumstances," he said.
Masaraure accused the ruling elite in Zanu-PF of attempting to curtail the rights and freedoms of government critics, political activists, human rights defenders, journalists, civil society leaders, opposition parties and whistleblowers.
"Such actions cement our earlier assertions as the Coalition that the ruling elite in Zanu-PF wants to turn Zimbabwe into a one-party State and a dictatorship. It is the duty of every Zimbabwean to defend the Constitution and clearly the passing of this ‘Patriot Bill' by the elite in Zanu-PF is anti-development and is itself an act of unpatriotic behaviour," he added.
The Act contains a clause which criminalises wilful "damaging the sovereignty and national interest of Zimbabwe," an offence which rights defenders fear can attract the death penalty and violates freedom of expression and media freedoms.
President Emmerson Mnangagwa approved the law last week.
In a statement yesterday, CiZC spokesperson Obert Masaraure said the development reflected a worrisome escalation of the use of laws to crackdown on the fundamental rights and freedoms of Zimbabweans, particularly regarding freedom of expression, peaceful assembly and association.
"Of major concern is that this is also happening a few weeks before Zimbabwe holds a crucial national election. Undoubtedly, this has every potential to further diminish the credibility of the entire electoral process," said Masaraure.
"It is surprising that at a time when the government has invited foreign observers to come and observe our electoral process, it then chooses to gag citizens from talking about the same election, including its shortcomings which are all too glaring.
"Essentially, this new law is yet another threat to the ability of citizens to engage in open political discourse and to participate freely in the electoral process.
Masaraure described the law as deliberately vague and excessively broad in definition of liable offences by not defining sovereignty and national interest, which could be "broadly and subjectively interpreted to criminalise the lawful conduct of those expressing their freedom of expression."
"Yet, clear and precise definitions of criminal acts are crucial for individuals to understand the boundaries of their legal liabilities," he said.
Indicating that the packaging of the Act was detrimental to the growth of the democratic space, he said some of the proposed penalties were "too harsh and inappropriate for vaguely defined offences".
"In addition, the provision for the death penalty means that the new law violates section 48 of Zimbabwe's Constitution, which only allows for the death penalty in cases of murder in aggravating circumstances," he said.
Masaraure accused the ruling elite in Zanu-PF of attempting to curtail the rights and freedoms of government critics, political activists, human rights defenders, journalists, civil society leaders, opposition parties and whistleblowers.
"Such actions cement our earlier assertions as the Coalition that the ruling elite in Zanu-PF wants to turn Zimbabwe into a one-party State and a dictatorship. It is the duty of every Zimbabwean to defend the Constitution and clearly the passing of this ‘Patriot Bill' by the elite in Zanu-PF is anti-development and is itself an act of unpatriotic behaviour," he added.
Source - newsday
