Maximalliant T Katjimune
On 31 May 2023, Zimbabwean president Emmerson Mnangagwa finally proclaimed the election date for the 2023 Harmonised general elections in Zimbabwe after concerted pressure from the opposition and other pressure groups.
That date will now be 23 August 2023. On that same day, ZANU-PF members of parliament employed the tyranny of their number and passed a sweeping and authoritarian piece of legislation called the Criminal Law Code Amendment Bill, more popularly known as the ‘Patriotic Bill’.
This new piece of legislation introduces sweeping measures which go against the very nature and character of a democratic society. Put into context, Clause 2 of the Bill contains a new insertion which provides that ‘Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, intentionally partakes in any meeting, whose objector one of whose objects the accused knows, or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted or targets any individual or official, or class of individuals or officials), but whose effects indiscriminately affect the people of Zimbabwe as a whole, or any substantial section thereof, shall be guilty of willfully damaging the sovereignty and national interest of Zimbabwe…’
The Bill makes it unlawful to communicate or attend meetings organised by “foreign agents” and to participate in any activity that “goes against Zimbabwe”. Put into context, the Bill effectively makes it unlawful to criticise the Zimbabwean government, and this dangerous piece of legislation will inevitably be used as a tool of oppression against the opposition and any other critic of the Zimbabwean government, especially ahead of crucial elections to be held on 23 August 2023.
Every single individual who claims to be a proponent of democratic values should condemn and reject the Patriotic Bill with the contempt it deserves, not only in Southern Africa but throughout Africa and the entire international community. The Bill is the latest step sanctioned by the ZANU-PF regime in an effort to plunge Zimbabwe into complete autocracy. At this juncture, it becomes imperative to highlight that the change in leadership within ZANU-PF, which saw Emmerson Mnangagwa wrestle the instruments of power away from the late Robert Mugabe in 2017 did nothing to rescue Zimbabwe from autocracy and set the country on an upward political and economic trajectory.
On the contrary, it is becoming glaringly clear that the Mnangagwa regime is similar in content and character to the Mugabe administration, and is perhaps even worse in light of the passing of oppressive legislative instruments such as the Patriotic Bill.
It has further become prudent that bodies such as SADC and the AU intervene in this gross violation of democratic values in Zimbabwe and have a clear and unequivocal position of condemnation on it.
The SADC treaty signed and adopted in 1992 in Windhoek is unequivocal on the obligation placed on member states, like Zimbabwe, to uphold democratic values and human rights. Article 4 (c) of the treaty places an inherent obligation on members to uphold the principles of ‘human rights, democracy and the rule of law’.
Equally so, Article 4 of the AU Charter on Democracy, Elections and Governance, which Zimbabwe is a state party to, places an obligation on members to promote ‘The principles of the rule of law and human rights’.
It, therefore, becomes clear that by passing the Patriotic Bill, Zimbabwe is in stark contravention of these respective SADC and AU statutes. SADC and the AU must therefore come out unequivocal and take a strong stance against the Zimbabwean government for this blatant contravention. There must be zero tolerance for autocratic regimes in Africa. We stand with the people of Zimbabwe.
*Maximalliant T Katjimune is the deputy chief whip of the PDM Parliamentary Caucus in the National Assembly and shadow minister for international relations and cooperation.