Last Wednesday, a High Court in Zimbabwe struck down provisions of the country’s Criminal Law Codification and Reform Act, commonly referred to as the “Patriotic Act,” as unconstitutional. The Patriotic Act, which President Emmerson Mnangagwa signed into law in July 2023, contains overly broad provisions that make the rights to freedom of expression, peaceful assembly, and association a criminal offense.
The act created the crime of “willfully injuring the sovereignty and national interest of Zimbabwe,” which effectively criminalizes Zimbabwean civil society groups and human rights defenders who criticize the government at international forums and prohibits them from seeking external avenues for accountability for rights violations. In its ruling, the court stated that the drastic penalties prescribed under section 22A(3) of the act, which include life imprisonment, the death penalty, termination of citizenship, and suspensions from voting and holding public office, infringed on various sections of the Zimbabwean Constitution.
When President Mnangagwa signed the bill into law, domestic and international human rights and civil society organizations, including the Office of the United Nations High Commissioner for Human Rights, Zimbabwe Lawyers for Human Rights, and Human Rights Watch, expressed concern that the law would further threaten and erode freedoms of expression and association in the country. Several other groups signed a statement calling for the repeal of the law, stating that it carried provisions “not necessary or justifiable in a democratic society.”
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