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Mnangagwa passes ‘draconian’ law to silence critics

Publish date: 17 July 2023
Issue Number: 1036
Diary: IBA Legalbrief Africa
Category: Zimbabwe

President Emmerson Mnangagwa on Friday signed into law a Bill that imposes penalties on citizens who portray a negative image of the country, ignoring a chorus of disapproval from opposition parties and pro-democracy groups. The Criminal Law Codification & Reform Amendment Bill, commonly referred to as the Patriotic Bill, punishes citizens for ‘wilfully injuring the sovereignty and national interest of Zimbabwe’. Legalbrief reports Mnangagwa’s administration has expressed concerns that Zimbabweans are collaborating with foreign players to impose sanctions on the country. The Daily Maverick reports the enactment of the ‘draconian’ law comes only a few weeks before the country holds general elections that some observers say have already been undermined by politically motivated violence and an uneven playing field. Zimbabwe Lawyers for Human Rights spokesperson Kumbirai Mafunda, described the development as a ‘sad day for democracy’ in Zimbabwe. ‘We are saddened that Zimbabwe is taking a route that is retrogressive in terms of hampering citizens from exercising their rights. It’s a sad day for Zimbabwe; it’s a sad day for democracy. We are quite taken aback by a government that had made promises that it will enhance or make people enjoy their rights. We are seeing this happening towards an election and this shows that the government does not want any constructive criticism and constructive advice,’ Mafunda said.

Amnesty International also criticised the enactment of the new law, saying it was an impediment to the enjoyment of fundamental freedoms enshrined in the country’s Constitution. ‘It is deeply concerning and signals a disturbing crackdown on Zimbabweans’ rights to freedom of expression, peaceful assembly and association. The weaponisation of the law is a desperate and patent move to curtail the rights to freedom of expression and to public participation in elections due in August,’ said Flavia Mangovya, Amnesty International’s deputy regional director for East and southern Africa. Nelson Chamisa, leader of the main opposition Citizens Coalition for Change party, described the enactment of the new law as a desperate attempt by the Mnangagwa administration to justify its omissions and commissions. ‘You don’t legislate patriotism; patriotism is something that comes from a sense of pride, a sense of dignity, a sense of belonging. It’s not done by putting a piece of legislation,’ said Chamisa. Zanu-PF activist Peter Tangi told DM the law was necessary. ‘This all started when some Zimbabwean citizens called for sanctions from America, Britain and other countries in the West. Every country has its own principles and we will not allow Zimbabweans who call for punitive measures … on Zimbabwe to allow the West to effect regime change in our country,’ Tangi said.

Full Daily Maverick report

Chamisa yesterday promised economic prosperity and an end to corruption as he launched his party's campaign for the national elections set for 23 August. News24 reports that the 45-year-old lawyer and pastor launched his ‘For Everyone’ campaign in Gweru, about 300km east of the capital Harare, vowing to fix the country's unrelenting economic crises. Chamisa lamented the lack of development in the country, saying there was little to show after 43 years of democracy. ‘All we see is poverty, unemployment and millions going to the diaspora,’ Chamisa told thousands of supporters gathered at a stadium in the city. To thunderous applause, Chamisa said: ‘They have been banning our campaigns, but no one will ban us from people's hearts.’ This is Chamisa's second bid for the Presidency and first under the banner of the CCC, which launched early last year.

Full News24 report

Meanwhile, a wave of violence allegedly meted out by the Zanu-PF party is being reported in some parts of the country. In the Manicaland province, about 450km east of Harare, opposition council candidates like Brighton Nyanise said they had been attacked, by suspected Zanu-PF members wearing the governing party’s regalia, during a constituency meeting. ‘We were attacked by Zanu-PF members without any provocation. Our children have also been threatened, so we have since fled to the mountains as we fear they can attack our homesteads at night. As a result of the threats, the children are no longer going to school,’ Nyanise said. Zanu-PF information director Tafadzwa Mugwadi denied the allegations. ‘The opposition is set for defeat. Why would Zanu-PF beat up its supporters? We have support of the majority of the people so there is no need to beat them up. Our developmental track speaks for itself; the opposition has nothing to offer, hence this mudslinging,’ Mugwadi said. National police spokesperson, Assistant Commissioner Paul Nyathi, said a special investigation unit had been set up to deal with cases of political violence ahead of the polls. Political analyst Dr Urayayi Zembe told Daily Maverick the surge in violence could take the country back to the 2008 era, when several opposition supporters of the Movement for Democratic Change, led by the late Morgan Tsvangirai, were killed by suspected state functionaries ahead of a presidential run-off poll. Tsvangirai pulled out of the second round of voting, arguing, ‘I cannot go to State House walking over dead bodies.’ He then formed a unity government with his nemesis Robert Mugabe.

Full Daily Maverick report

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