By Staff Writer
THE European Union (EU) Delegation in Zimbabwe says the new Patriotic Act signals a major climb down on the administration’s initial re-engagement drive and is effectively sending a political message in the opposite direction.
The Criminal Law Codification and Reform Amendment Bill, 2022, criminalizes anyone caught “wilfully injuring the sovereignty and national interest of Zimbabwe” and those who participate in meetings with the intention of promoting calls for economic sanctions against the country.
President Emmerson Mnangagwa promulgated the Patriotic Act into law Friday, ending a prolonged period of speculation and widespread calls to abandon its enactment.
Posting on Twitter soon after the Act’s promulgation, the EU described the instrument as signaling a major reversal in Mnangagwa’s policy pursuit on the global front.
“Zimbabwe, as a sovereign country, has committed in the Arrears Clearance process to enhancing respect for freedoms of association, assembly and expression, as well as building trust with the international community.
“Today’s legislation sends a political signal in the opposite direction,” said the delegation.
The United States Embassy in Zimbabwe described the legislative piece as a direct Constitutional infringement.
“Every Zimbabwean has the right to freedom of expression, assembly, and association. New legislation subverts these constitutional rights, undercuts Zimbabwe’s international reengagement efforts, and is bad for business,” the diplomatic mission said.
The United Kingdom Embassy in Zimbabwe said the latest development has serious implications on the people of Zimbabwe.
“The rights to freedom of expression and association are guaranteed in Zimbabwe’s constitution. Parts of today’s new legislation have serious implications for Zimbabweans’ ability to exercise those rights without fear, and for Zimbabwe government at international reengagement,” the mission said.
Zimbabwean human rights lawyer Siphosami Malunga says the new “Patriotic Act” – which basically is an amendment of the Criminal Law (Codification and Reform) Act – signed into law by President Emmerson Mnangagwa yesterday is invalid ab initio as it violates critical constitutional principles: The doctrines of vagueness and overbreadth.
Malunga, who is Open Society Africa Programmes Director and who has worked around the world on human rights issues, says the principles of legality state that laws must be sufficiently clear and precise.
The doctrines of vagueness and overbreadth are closely related; they are rooted in the principles of clarity and precision.
