'You cannot criticize ED' clause challenge $1000 offered

A top Harare-based advocate, Tinomudaishe Chinyoka has offered a $1000 reward to anyone who can prove that there is a clause in the patriotic bill that says you cannot criticize the government.

I am offering US$1,000.00 to anyone that can show me where it says "Patriot Bill" and that you cannot criticise ED Mnangagwa or his Government.

A long time, I pointed out that while at UZ, I enjoyed live renditions of Albert Nyathi's poem, "I will not speak". Back then one had no idea that one was in the presence of greatness, the artist was just another UBA.

Today, I too will not speak. Speaking is unnecessary. I am just offering US$1,000.00 to anyone that can read through this Bill, and show me where it say "Patriot Bill" and where it says that you cannot criticise ED Mnangagwa or his Government.

Because, please people, this nonsense needs to stop!

THE BILL

To amend the Criminal Law (Codification and Reform) Act [Chapter 9:23] and to provide for matters connected therewith or incidental thereto.

ENACTED by the Parliament and the President of Zimbabwe.

1 Short title

This Act may be cited as the Criminal Law (Codification and Reform) Amendment Act, 2022.

2 Insertion of new section Cap 9:07

The Criminal Law (Codification and Reform) Act [Chapter 9:23] (No. 23 of 2004) (hereinafter called "the principal Act") is amended by the insertion of the following section after section 22-

"22A Wilfully injuring the sovereignty and national interest of Zimbabwe

(1) In this section-

"actively partake", in relation to any meeting, means partake therein with the intention of, or in the role of, promoting, advancing, encouraging, instigating or advocating for the object for which the meeting is convened (for the avoidance of doubt, no person contravenes this section who, at the meeting concerned, discourages or repudiates any object the promotion, advancement, encouragement or instigation of which, or advocacy for which, would have rendered that person liable to prosecution under this section);

"Agent, proxy or entity" in relation to the an agent, proxy or entity of a foreign government, means any person that the accused knew or had grounds for believing was acting on behalf of, or with the knowledge, approval or acquiescence of, the foreign government concerned , or any person about whom it is reasonable to suppose that he or she was acting on behalf of, or with the knowledge, approval or acquiescence of, the foreign government concerned;

"Economic sanctions or trade boycott" means any law or binding direction by a foreign government prohibiting persons subject to its jurisdiction from investing in Zimbabwe or from engaging in any economic activity in or with Zimbabwe or with any entity of Zimbabwe, which investment or activity is beneficial to the people of Zimbabwe as a whole and makes or potentially may make a substantial contribution to their economic development (for the avoidance of doubt, but subject to subsection (6), an advisory or like nonbinding admonition by a foreign government discouraging persons subject to its jurisdiction from investing in Zimbabwe or from engaging in any economic activity in or with Zimbabwe or with any entity of Zimbabwe is not to be considered as falling within the scope of the phrase "economic sanctions or trade boycott");

"meeting" means any communication between two or more persons, whether happening in person or virtually or by a combination of both, which involves, or is facilitated or convened by, a foreign government or any of its agents, proxies or entities.

(2) Any citizen or permanent resident of Zimbabwe (hereinafter in this section called "the accused") who, within or outside Zimbabwe actively partakes (whether himself or herself or through an agent, and whether on his or her own initiative or at the invitation of the foreign government concerned or any of its agents, proxies or entities) in any meeting whose object the accused knows or has reasonable grounds for believing involves the consideration of or the planning for—

(a) military or other armed intervention in Zimbabwe by the foreign government concerned or another foreign government, or by any of their agents, proxies or entities;  or

(b) subverting, upsetting, overthrowing or overturning the constitutional government in Zimbabwe;

shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to-  

(i) the same penalties as for treason, in a case referred to in paragraph (a); or

(ii) the same penalties as for subverting constitutional government, in a case referred to in paragraph (b).

(3) Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, actively partakes (whether himself or herself or through an agent, and whether on his or her own initiative or at the invitation of the foreign government concerned or any of its agents, proxies or entities) in any meeting whose object (or one of whose objects) the accused knows or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions or a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted, or targets any individual or official or class of individuals or officials, but whose effects indiscriminately affect the people of Zimbabwe as a whole or any substantial section thereof) shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to -

 (i) a fine not exceeding level twelve or imprisonment for a period not exceeding ten years, or both;

(ii) additionally or alternatively on the motion of the prosecutor, to any one or more of the following, if the offence is attended by aggravating circumstances referred to in subsection (4) or (6) -

termination of the citizenship of the convicted person, if the convicted person is a citizen by registration or a dual citizen:
            Provided that the convicting court shall not impose this penalty if it would effectively render the convicted person stateless;

cancellation of the permanent resident status of the convicted person, if the convicted person is a permanent resident; or
prohibition from being registered as a voter or voting at an election for a period of at least five years but not exceeding fifteen years; or
prohibition from filling a public office for a period of at least five years but not exceeding fifteen years, and, if he or she holds any such office, the convicting court may declare that that office shall be vacated by the convicted person from the date of his or her conviction, unless the tenure of the public office in question is regulated exclusively by or in terms of the Constitution.
(4) Subject to subsection (5) and (6) it shall be an aggravating circumstance to a charge of wilfully damaging the sovereignty and national interest of Zimbabwe under subsection (3) -

(a) to prove that an economic sanctions or trade boycott against Zimbabwe (or against any individual or official or class of individuals or officials whose effects indiscriminately affect the people of Zimbabwe as a whole or any substantial section thereof) were implemented as a result of any action taken by the accused;

(b) if there is evidence showing beyond a reasonable doubt that, though the meeting in question did not result in economic sanctions against or a trade boycott of Zimbabwe, the person made or submitted for consideration or endorsed any statement which he or she knew to be false or had no reasonable basis for believing to be true (in which event the defence referred to in subsection (4) shall not avail him or her).

(5) In any prosecution for an offence against subsection (3) it shall not be a defence that the accused did not at first know or realise that the meeting which is subject to the charge involved the consideration of sanctions against or a trade boycott of Zimbabwe if after that topic was raised by any participant at the meeting the accused can be proved to 5 have promoted, advanced, encouraged or advocated for the imposition of sanctions or a trade boycott against Zimbabwe.

(6) For the purposes of prosecuting a crime specified in subsection (3), if -

(a)  a meeting did not result in or contribute to the implementation of any law or binding direction by a foreign government prohibiting persons subject to its jurisdiction from investing in Zimbabwe or from engaging in any economic activity in or with Zimbabwe or any entity of Zimbabwe: but

(b)  as a direct result of the meeting any advisory or like nonbinding admonition was issued by a foreign government discouraging persons subject to its jurisdiction from investing in Zimbabwe or from engaging in any economic activity in or with Zimbabwe or any entity of Zimbabwe

then it is open to a prosecutor to show, beyond a reasonable doubt, that the advisory or admonition by the foreign government resulted in injury to the sovereignty and national interest of Zimbabwe no different from what would have resulted if the foreign government concerned had implemented a law or directive of the tenor described in paragraph (a)  (in which event the accused shall be taken to have committed the crime in aggravating circumstances)."

3 Amendment of section 65 of Cap. 9:23

Section 65 ("Rape") (4) of the principal Act is amended by the repeal of the resuming words in subsection (1) and the substitution of -

(The rest of the Bill deals with amendments unrelated to this matter as can be seen from 2 above).