Opinion / Columnist
The abuse of freedoms and upending of Constitutional order
20 hrs ago | Views
THE freedoms of expression, assembly, and association are fundamental human rights, essential for the flourishing of democratic societies.
However, these rights are not absolute, and their limits must be clearly understood. In recent times, we have witnessed a disturbing trend where some individuals and groups have sought to use the pretext of these rights to upend the constitutional order, rebel against the Government, and even attack a government that has been given a popular mandate.
This is a dangerous and misguided approach that threatens the very foundations of our democracy. The rights to freedom of expression, assembly, and association do not include the freedom to engage in treasonous activities, promote violence, or seek to overthrow a democratically elected government. Such actions are not only morally reprehensible but also legally prohibited.
These freedoms, whilst essential for democracy, are not supreme rights that take precedence over all other rights. These other rights, such as the freedom of movement, the right to work, and the right to conduct business, are equally important and must be respected.
For instance, the right to march and assemble must not be exercised in a way that curtails the freedom of movement of others, while the right to participate in a stay-away must not be used to intimidate or coerce those who choose to go to work. By recognising the interdependence of all rights, we can ensure that the exercise of one right does not infringe on the rights of others.
In our constitutional democracy, the government is elected by the people through a free and fair electoral process. The government derives its authority from the people and is accountable to them. However, this does not mean that the government can be attacked or overthrown at will. The constitutional order provides a framework for the peaceful transfer of power, and any attempts to subvert this process are unacceptable.
The recent attacks on our Government, which was given a popular mandate only 18 months ago, are a case in point. These attacks are not only unjustified but also unconstitutional. They threaten the stability of our democracy and the rule of law. It is imperative that we reject such attempts and uphold the constitutional order.
Some may argue that the rights to freedom of expression, assembly, and association include the right to criticize the Government and its policies. And they are correct. Criticism is an essential component of a healthy democracy, and it is necessary for holding those in power accountable. However, criticism must be constructive and respectful, and it must not cross the line into sedition or treason.
The distinction between legitimate criticism and seditious speech is not always easy to draw. However, some general principles can guide us. Legitimate criticism is focused on specific policies or actions of the Government, and it is intended to promote accountability and good governance.
Seditious speech, on the other hand, is intended to incite violence or rebellion against the Government, and it often involves false or misleading information.
The events of Thursday, 28 March 2025, will be etched in the memories of Harare residents for a long time. On that fateful day, a group of individuals embarked on a campaign of terror, targeting specific premises belonging to individuals who had been identified by a malcontent who has now morphed into a terrorist in chief. Whilst their actions failed to cause much damage and destruction to property, they were enough to terrify innocent people. Those were acts of terrorism and will be treated as such. The explosions that rocked different parts of the city, particularly the one on Glenara Avenue, sent shockwaves throughout the community.
The incident on Glenara Avenue was particularly egregious. An incendiary device, correctly identified as an Improvised Explosive Device (IED), was placed in a car that was driven and abandoned at a gas station. The resulting explosion and fire were devastating, and it's a miracle that no lives were lost. However, the intention behind this heinous act was clear: to cause maximum damage and destruction, including turning the entire petrol station into a massive bomb.
This was not an act of vandalism or mischief; it was a serious act of terrorism. The perpetrators of this heinous crime must be brought to justice and held accountable for their actions.
The fact that they targeted innocent civilians and put countless lives at risk is a stark reminder of the danger they pose to society. They must be treated as domestic terrorists and face the full force of the law.
Thwarting acts of terror and treason is a fundamental responsibility of any democratically elected government. The events of March 28, 2025, and the subsequent claims of responsibility on a YouTube channel, demonstrate a clear threat to national security and stability.
It is imperative that the Government takes decisive action to pursue and prosecute those involved in planning and executing these heinous acts, including those who provided moral and material support.
Terrorism destroys democracy and rule of law. Nobody should limit the latitude of the state when it's fighting terror. Zimbabwe is a peaceful country and whoever wants to incite insurrection and acts of banditry in this country must face ruthless counter-terrorism measures.
When we yearn for peace, we must be prepared to pay the price for it. This price may involve making difficult choices, such as standing firm against those who seek to undermine stability, holding accountable those who perpetrate violence and terror, and taking decisive action to protect the rights and security of all citizens.
It may also require sacrificing some individual freedoms for the greater good, submitting to the rule of law, and respecting the institutions that uphold it. Ultimately, the price of peace is not always easy to pay, but it is a necessary investment in the well-being, prosperity, and future of our society.
The Constitution of Zimbabwe emphasizes the importance of upholding the rule of law, respecting human rights, and promoting national unity and stability. Acts of terror and treason are a direct affront to these principles, and it is the Government's duty to protect its citizens and maintain order, and Government takes this responsibility seriously.
It will not abdicate from this responsibility. The fact that some individuals in the diaspora are celebrating the economic toll of these acts demonstrates their desperation for power at any cost, and highlights the need for the Government to take firm action against those who seek to undermine the country's stability.
The Constitution of Zimbabwe, in Section 86, introduces crucial caveats to the fundamental human rights enshrined in the document. This section emphasizes that the rights and freedoms contained in the Constitution are not absolute, but rather subject to certain limitations and restrictions. These limitations are designed to ensure that the exercise of individual rights and freedoms does not compromise the rights and freedoms of others, or undermine the national interest, public safety, or public morality.
The caveats appended to the fundamental human rights in Section 86 of the Constitution are essential in maintaining a delicate balance between individual liberties and the collective well-being of society. By acknowledging that rights and freedoms are not absolute, the Constitution provides a framework for resolving conflicts between competing interests and values. This nuanced approach to human rights recognizes that the exercise of individual freedoms must be tempered by a sense of responsibility and respect for the rights and dignity of others.
The arrest of 98 individuals who intended to march to the State House to remove the President from power was a necessary measure to prevent a potentially violent and unconstitutional attempt to overthrow the Government. The planned march was not a peaceful protest, but rather a deliberate attempt to disrupt the rule of law and undermine the democratic institutions of Zimbabwe.
The participants' intention to remove the President from power was a clear violation of the Constitution, which outlines the legal and peaceful ways of transferring power.
The arrested individuals should face the full wrath of the law for their actions. Their plan was not only unconstitutional, but also posed a significant threat to national security and stability. The Government has a responsibility to protect its citizens and maintain law and order, and in this case, the arrest of the would-be marchers was a necessary step to prevent chaos and violence. Those who seek to undermine the rule of law and democratic institutions must be held accountable for their actions, and the law should be applied firmly and fairly to deter others from attempting similar actions in the future.
There is a need to send a strong message that such acts will not be tolerated, and that those responsible have to be brought to justice and face the full weight of our laws. This includes not only those who carried out the attacks but also those who provided support and encouragement.
By taking decisive action, the Government can help prevent such acts from occurring again and ensure that the country can continue to develop and prosper in a peaceful and stable environment. Nobody should worry that this will create a deficit of democracy.
In our democracy, we have a range of institutions and mechanisms that provide checks and balances on the power of the Government. These include an independent judiciary, a free press, independent constitutional commissions and a vibrant civil society. These institutions play a crucial role in promoting accountability and good governance, and they must be respected and protected.
We must uphold the constitutional order and reject any attempts to subvert it. We are promoting a culture of constructive criticism and respectful dialogue, and we protect and respect the institutions that provide checks and balances on the power of the Government. But this must not be abused.
President Mnangagwa is building a strong, stable, and more prosperous democracy, where the rights and safety of all citizens are respected and protected. In his own words,
"Together, as a united people, we are the only guarantors of our independence, peace, stability, freedom and development. As such, let us all reject regionalism, tribalism, self-hate and all forms of violence. Increased production and productivity across all sectors of the economy remain our collective priority."
Nick Mangwana is the Permanent Secretary for Information, Publicity and Broadcasting Services
However, these rights are not absolute, and their limits must be clearly understood. In recent times, we have witnessed a disturbing trend where some individuals and groups have sought to use the pretext of these rights to upend the constitutional order, rebel against the Government, and even attack a government that has been given a popular mandate.
This is a dangerous and misguided approach that threatens the very foundations of our democracy. The rights to freedom of expression, assembly, and association do not include the freedom to engage in treasonous activities, promote violence, or seek to overthrow a democratically elected government. Such actions are not only morally reprehensible but also legally prohibited.
These freedoms, whilst essential for democracy, are not supreme rights that take precedence over all other rights. These other rights, such as the freedom of movement, the right to work, and the right to conduct business, are equally important and must be respected.
For instance, the right to march and assemble must not be exercised in a way that curtails the freedom of movement of others, while the right to participate in a stay-away must not be used to intimidate or coerce those who choose to go to work. By recognising the interdependence of all rights, we can ensure that the exercise of one right does not infringe on the rights of others.
In our constitutional democracy, the government is elected by the people through a free and fair electoral process. The government derives its authority from the people and is accountable to them. However, this does not mean that the government can be attacked or overthrown at will. The constitutional order provides a framework for the peaceful transfer of power, and any attempts to subvert this process are unacceptable.
The recent attacks on our Government, which was given a popular mandate only 18 months ago, are a case in point. These attacks are not only unjustified but also unconstitutional. They threaten the stability of our democracy and the rule of law. It is imperative that we reject such attempts and uphold the constitutional order.
Some may argue that the rights to freedom of expression, assembly, and association include the right to criticize the Government and its policies. And they are correct. Criticism is an essential component of a healthy democracy, and it is necessary for holding those in power accountable. However, criticism must be constructive and respectful, and it must not cross the line into sedition or treason.
The distinction between legitimate criticism and seditious speech is not always easy to draw. However, some general principles can guide us. Legitimate criticism is focused on specific policies or actions of the Government, and it is intended to promote accountability and good governance.
Seditious speech, on the other hand, is intended to incite violence or rebellion against the Government, and it often involves false or misleading information.
The events of Thursday, 28 March 2025, will be etched in the memories of Harare residents for a long time. On that fateful day, a group of individuals embarked on a campaign of terror, targeting specific premises belonging to individuals who had been identified by a malcontent who has now morphed into a terrorist in chief. Whilst their actions failed to cause much damage and destruction to property, they were enough to terrify innocent people. Those were acts of terrorism and will be treated as such. The explosions that rocked different parts of the city, particularly the one on Glenara Avenue, sent shockwaves throughout the community.
The incident on Glenara Avenue was particularly egregious. An incendiary device, correctly identified as an Improvised Explosive Device (IED), was placed in a car that was driven and abandoned at a gas station. The resulting explosion and fire were devastating, and it's a miracle that no lives were lost. However, the intention behind this heinous act was clear: to cause maximum damage and destruction, including turning the entire petrol station into a massive bomb.
This was not an act of vandalism or mischief; it was a serious act of terrorism. The perpetrators of this heinous crime must be brought to justice and held accountable for their actions.
The fact that they targeted innocent civilians and put countless lives at risk is a stark reminder of the danger they pose to society. They must be treated as domestic terrorists and face the full force of the law.
Thwarting acts of terror and treason is a fundamental responsibility of any democratically elected government. The events of March 28, 2025, and the subsequent claims of responsibility on a YouTube channel, demonstrate a clear threat to national security and stability.
It is imperative that the Government takes decisive action to pursue and prosecute those involved in planning and executing these heinous acts, including those who provided moral and material support.
Terrorism destroys democracy and rule of law. Nobody should limit the latitude of the state when it's fighting terror. Zimbabwe is a peaceful country and whoever wants to incite insurrection and acts of banditry in this country must face ruthless counter-terrorism measures.
When we yearn for peace, we must be prepared to pay the price for it. This price may involve making difficult choices, such as standing firm against those who seek to undermine stability, holding accountable those who perpetrate violence and terror, and taking decisive action to protect the rights and security of all citizens.
It may also require sacrificing some individual freedoms for the greater good, submitting to the rule of law, and respecting the institutions that uphold it. Ultimately, the price of peace is not always easy to pay, but it is a necessary investment in the well-being, prosperity, and future of our society.
The Constitution of Zimbabwe emphasizes the importance of upholding the rule of law, respecting human rights, and promoting national unity and stability. Acts of terror and treason are a direct affront to these principles, and it is the Government's duty to protect its citizens and maintain order, and Government takes this responsibility seriously.
It will not abdicate from this responsibility. The fact that some individuals in the diaspora are celebrating the economic toll of these acts demonstrates their desperation for power at any cost, and highlights the need for the Government to take firm action against those who seek to undermine the country's stability.
The Constitution of Zimbabwe, in Section 86, introduces crucial caveats to the fundamental human rights enshrined in the document. This section emphasizes that the rights and freedoms contained in the Constitution are not absolute, but rather subject to certain limitations and restrictions. These limitations are designed to ensure that the exercise of individual rights and freedoms does not compromise the rights and freedoms of others, or undermine the national interest, public safety, or public morality.
The caveats appended to the fundamental human rights in Section 86 of the Constitution are essential in maintaining a delicate balance between individual liberties and the collective well-being of society. By acknowledging that rights and freedoms are not absolute, the Constitution provides a framework for resolving conflicts between competing interests and values. This nuanced approach to human rights recognizes that the exercise of individual freedoms must be tempered by a sense of responsibility and respect for the rights and dignity of others.
The arrest of 98 individuals who intended to march to the State House to remove the President from power was a necessary measure to prevent a potentially violent and unconstitutional attempt to overthrow the Government. The planned march was not a peaceful protest, but rather a deliberate attempt to disrupt the rule of law and undermine the democratic institutions of Zimbabwe.
The participants' intention to remove the President from power was a clear violation of the Constitution, which outlines the legal and peaceful ways of transferring power.
The arrested individuals should face the full wrath of the law for their actions. Their plan was not only unconstitutional, but also posed a significant threat to national security and stability. The Government has a responsibility to protect its citizens and maintain law and order, and in this case, the arrest of the would-be marchers was a necessary step to prevent chaos and violence. Those who seek to undermine the rule of law and democratic institutions must be held accountable for their actions, and the law should be applied firmly and fairly to deter others from attempting similar actions in the future.
There is a need to send a strong message that such acts will not be tolerated, and that those responsible have to be brought to justice and face the full weight of our laws. This includes not only those who carried out the attacks but also those who provided support and encouragement.
By taking decisive action, the Government can help prevent such acts from occurring again and ensure that the country can continue to develop and prosper in a peaceful and stable environment. Nobody should worry that this will create a deficit of democracy.
In our democracy, we have a range of institutions and mechanisms that provide checks and balances on the power of the Government. These include an independent judiciary, a free press, independent constitutional commissions and a vibrant civil society. These institutions play a crucial role in promoting accountability and good governance, and they must be respected and protected.
We must uphold the constitutional order and reject any attempts to subvert it. We are promoting a culture of constructive criticism and respectful dialogue, and we protect and respect the institutions that provide checks and balances on the power of the Government. But this must not be abused.
President Mnangagwa is building a strong, stable, and more prosperous democracy, where the rights and safety of all citizens are respected and protected. In his own words,
"Together, as a united people, we are the only guarantors of our independence, peace, stability, freedom and development. As such, let us all reject regionalism, tribalism, self-hate and all forms of violence. Increased production and productivity across all sectors of the economy remain our collective priority."
Nick Mangwana is the Permanent Secretary for Information, Publicity and Broadcasting Services
Source - The Herald
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