Another heavy blow for Zimbabwe's 'Patriotic Act'

In a significant blow to Zimbabwe's controversial Patriotic Act, the High Court has ruled that sections of the Criminal Law (Codification and Reform) Act which impose harsh penalties on those accused of calling for trade boycotts or sanctions against the country are vague, overly broad, and unconstitutional.

The ruling, delivered by Justice Rodgers Manyangadze, comes barely a month after the court struck down section 22A(3) of the same law, which criminalised participation in meetings aimed at harming Zimbabwe's "sovereignty or national interest."

Justice Manyangadze declared section 22A(3) unconstitutional, citing its sweeping language as infringing on fundamental constitutional rights such as freedom of assembly, association, expression, and political participation. The court highlighted concerns that the law's vague terms like "intentionally partake" lacked legal clarity and opened the door to arbitrary arrests and abuses of power by law enforcement.

The case was brought by journalists Valentine Maponga and Paidamoyo Muzulu alongside the legal advocacy group Firinne Trust (operating as Veritas). Their lawyer, Tendai Biti, argued that the law threatened legitimate journalistic and activist engagement in international dialogue and that its imprecision risked silencing dissent.

"The vague wording and undefined standards in section 22A(3) could lead to a chilling effect on citizens exercising their democratic rights," Biti told the court.

The judge also criticised the draconian penalties under the provision, which include revocation of citizenship, loss of permanent residency, and a 15-year ban on voting or holding public office. Such punishments were described as "drastic and inconsistent with constitutional limits."

While the court upheld section 22A(2), relating to meetings promoting military intervention, it underscored that laws protecting national security must still respect democratic freedoms and due process.

The ruling rendered moot a parallel challenge to Zimbabwe's death penalty laws, noting Parliament's recent abolition of capital punishment under the Death Penalty Abolition Act.

Justice Manyangadze called on the responsible ministry to urgently revise the Act to align it with constitutional standards.

Last month, the court had already ruled in favor of the Media Alliance of Zimbabwe and private citizen Zenzele Ndebele, who argued that the Act's vague criminalisation of "wilfully injuring the sovereignty and national interest of Zimbabwe" was an unfair and disproportionate tool to silence dissenting voices.

The Patriotic Act, signed into law by President Emmerson Mnangagwa in 2023, imposes severe penalties-including execution-for those found advocating international sanctions or actions deemed harmful to Zimbabwe's interests. The law has been widely condemned by human rights groups and the United Nations but was passed by the Zanu-PF-controlled Parliament.

Zanu-PF activists defend the legislation as necessary to punish individuals pushing regime change agendas from the West. However, opposition figures including U.S.-based activist Freeman Chari have challenged the law's constitutionality.

Observers and legal experts continue to call for the Patriotic Act's full repeal, arguing it threatens democratic freedoms and the rule of law in Zimbabwe.