The Financial Gazette
THE Criminal Law (Codification and Reform) Bill, which proposes punishment of up to 20 years imprisonment for anyone who publishes or communicates statements perceived to be prejudicial to the state, is unconstitutional and meant to close any “loopholes” in the existing repressive media laws, analysts said.
The proposed law, which has miffed journalists and other media activists in and outside Zimbabwe, was this week roundly condemned by media experts and analysts who dismissed it as a another strong-arm tactic by the government to further curtail press freedom.
Analysts who spoke to The Financial Gazette said the Bill would deal with those government critics in the media that escape the draconian Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act (POSA).
Eldred Masunungure, a political science lecturer at the University of Zimbabwe, said the government, which accuses the independent media of working in cahoots with “regime change proponents, probably noticed some loopholes” in AIPPA and POSA, hence the push towards another draconian law.
“It (government) now wants to close every avenue of free expression. It is further tightening the screws on journalists, especially those working in the independent press. It’s part of a grand scheme or total strategy to strangulate the media or those still expressing views contrary to those of the government or the ruling ZANU PF,” said Masunungure.
“There is AIPPA and POSA. Now there is going to be this law. It’s a multiple-pronged approach designed to net as many dissenters as possible. If AIPPA and POSA miss you, this one will get you,” he added.
Human rights lawyer Brian Kagoro, who is also chairman of Crisis in Zimbabwe Coalition, a loose grouping of 350 local civic organisations, said the unconstitutionality of the proposed legislation was blatant in that it prohibited Zimbabweans from criticising the state.
“It’s probably worse than AIPPA,” said Kagoro. “The state itself is not infallible so as such it is bound to make mistakes. The safeguard of every citizen is to be a critic of the state,” he said.
The Bill, which seeks to bring under one document all criminal laws in Zimbabwe, has already sailed through the second reading stage in Parliament and is now at the committee stage.
Clause 31 of the Bill criminalises publishing or communicating “to any person a statement, which is wholly or materially false with the intention or realising that there is a real risk of inciting or promoting public disorder or violence or endangering public safety.”
David Coltart, a Movement for Democratic Change (MDC) legislator and the opposition party’s legal affairs spokesman, added his voice to the growing disenchantment about the latest law.
“The section that deals with crimes against the state smacks of fascism and is far worse than those passed by the Smith regime. The 20-year sentence is shocking and condemns the prisoner to death in Zimbabwean jails,” said Coltart.
“The government is passing laws that are unconstitutional. They are desperate to shut down dissenting voices,” he added.
Kagoro also added: “If the state acts unjustly, the citizens have a right to criticise or rebel. To enact a law that says citizens can’t communicate to each other statements seen as prejudicial to the state is grossly unconstitutional and unfair,” Kagoro added.
Clause 31 of the Bill also criminalises the publishing or communicating to any other person a statement adversely affecting the defence and economic interests of Zimbabwe or undermining public confidence in law enforcement agents or interfering with, disrupting or interrupting any essential services.
Citizens found guilty risk 20 years in jail or a $5 million fine or both.
The Zimbabwe Union of Journalists, the largest body representing media workers in the country, has also condemned the proposed new law.