Opinion / Columnist
Govt must seriously reconsider 'Patriot Act'
17 Jul 2023 at 06:57hrs | Views
Of major concern is that this is happening a few weeks before Zimbabwe holds a crucial national election.
THE Crisis in Zimbabwe Coalition is deeply concerned about the passing into law of the Criminal Law (Codification and Reform) Amendment Bill, popularly known as the "Patriot Bill", by government.
This development reflects 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 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.
It is surprising that at a time government has invited foreign observers to come and witness our electoral process, it then chooses to gag citizens from talking about the same election, including its shortcomings which are all too glaring.
The determination by observer missions or their views on our elections is informed by the experiences of Zimbabwe's citizens and institutions, both good and bad, and it is every citizen's right to speak as they see things, not what government wants to be said.
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.
The Zimbabwe Lawyers for Human Rights has already noted how the law is deliberately vague and excessively broad in its definition of liable offences; it "does not define 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.
Some of the penalties proposed by the law for deliberately injuring the sovereignty and national interest of Zimbabwe - such as death, long imprisonment, loss of citizenship and banning of persons from electoral participation for five years - are 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 the Constitution, which only allows for the death penalty in cases of murder in aggravated circumstances.
As part of its longstanding commitment, the coalition firmly opposes the death penalty without exception, irrespective of the nature of the crime, the characteristics of the offender, or the State's chosen method of execution.
The death penalty is a grave violation of the right to life as enshrined in the Constitution.
Of greater concern is the law's potential to grant authorities excessive powers to curtail human rights.
It is clear that this law is just meant to curtail the rights and freedoms of those perceived to be critical of government, including political activists, human rights defenders, journalists, civil society leaders, opposition parties, and whistleblowers.
Such actions by government only cement our earlier assertions, as the coalition, that the ruling elite in Zanu-PF wants to turn Zimbabwe into a one-party State and dictatorship.
Before assenting to the two laws (Patriot Bill and Labour Amendment Bill), President Emmerson Mnangagwa had on his desk six repressive laws which awaited his assent to become law - these include the Judicial Laws Amendment Bill, Prisons and Correctional Services Bill, Police Amendment Bill and the Private Voluntary Organisations Amendment Bill.
In essence, all these Bills are bringing new provisions that further curtail not only the rights and freedoms of Zimbabweans, but are generally meant to curtail and further shrink the civic and democratic space, and ensure Zimbabwe becomes a one-party State where dissent and criticism of the ruling party is outlawed.
This, however, is contrary to the promise of 1980 and an independent Zimbabwe.
This will surely be resisted by all genuinely "patriotic" Zimbabweans.
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 unpatriotic act.
The Crisis in Zimbabwe Coalition strongly urges government to reconsider this Amendment Act and ensure that it upholds the principles of democracy, human rights, and the rule of law.
We call on the President to exercise restraint and take into account the concerns raised by civil society and human rights organisations.-Obert Masaraure, spokesperson Crisis in Zimbabwe Coalition
THE Crisis in Zimbabwe Coalition is deeply concerned about the passing into law of the Criminal Law (Codification and Reform) Amendment Bill, popularly known as the "Patriot Bill", by government.
This development reflects 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 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.
It is surprising that at a time government has invited foreign observers to come and witness our electoral process, it then chooses to gag citizens from talking about the same election, including its shortcomings which are all too glaring.
The determination by observer missions or their views on our elections is informed by the experiences of Zimbabwe's citizens and institutions, both good and bad, and it is every citizen's right to speak as they see things, not what government wants to be said.
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.
The Zimbabwe Lawyers for Human Rights has already noted how the law is deliberately vague and excessively broad in its definition of liable offences; it "does not define 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.
Some of the penalties proposed by the law for deliberately injuring the sovereignty and national interest of Zimbabwe - such as death, long imprisonment, loss of citizenship and banning of persons from electoral participation for five years - are too harsh and inappropriate for vaguely defined offences.
As part of its longstanding commitment, the coalition firmly opposes the death penalty without exception, irrespective of the nature of the crime, the characteristics of the offender, or the State's chosen method of execution.
The death penalty is a grave violation of the right to life as enshrined in the Constitution.
Of greater concern is the law's potential to grant authorities excessive powers to curtail human rights.
It is clear that this law is just meant to curtail the rights and freedoms of those perceived to be critical of government, including political activists, human rights defenders, journalists, civil society leaders, opposition parties, and whistleblowers.
Such actions by government only cement our earlier assertions, as the coalition, that the ruling elite in Zanu-PF wants to turn Zimbabwe into a one-party State and dictatorship.
Before assenting to the two laws (Patriot Bill and Labour Amendment Bill), President Emmerson Mnangagwa had on his desk six repressive laws which awaited his assent to become law - these include the Judicial Laws Amendment Bill, Prisons and Correctional Services Bill, Police Amendment Bill and the Private Voluntary Organisations Amendment Bill.
In essence, all these Bills are bringing new provisions that further curtail not only the rights and freedoms of Zimbabweans, but are generally meant to curtail and further shrink the civic and democratic space, and ensure Zimbabwe becomes a one-party State where dissent and criticism of the ruling party is outlawed.
This, however, is contrary to the promise of 1980 and an independent Zimbabwe.
This will surely be resisted by all genuinely "patriotic" Zimbabweans.
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 unpatriotic act.
The Crisis in Zimbabwe Coalition strongly urges government to reconsider this Amendment Act and ensure that it upholds the principles of democracy, human rights, and the rule of law.
We call on the President to exercise restraint and take into account the concerns raised by civil society and human rights organisations.-Obert Masaraure, spokesperson Crisis in Zimbabwe Coalition
Source - newsday
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