Information Minister Monica Mutsvangwa announced Cabinet’s approval of the proposed law on October 27, 2020.
The Zimbabwe government plans to introduce a punitive law against citizens or local organisations it deems to be calling for the imposition of any external sanctions on the country.
According to its official statement on October 27, 2020, the Zimbabwe Cabinet approved amendments to the Criminal Law (Codification and Reform) Act to “criminalise the conduct of isolated citizens or groups who, for self-gain, co-operate or connive with hostile foreign governments to inflict suffering on Zimbabwean citizens and cause damage to national interests.”
Government critics see the proposals as part of a crackdown by President Emmerson Mnangagwa’s ruling ZANU-PF on its political opponents.
How does the government justify the proposals?
The government says the proposals are based on the state’s constitutional obligation to conduct foreign policy.
“The Bill is premised on the constitutional provision on the foreign policy of our country, which values the promotion and protection of the national interests of Zimbabwe,” she said.
“It is the duty of the State to engage other sovereign nations on issues pertaining to foreign relations, and not self-serving citizens.
Justice, Legal and Parliamentary Affairs permanent secretary has also been quoted saying the proposed law “draws from similar legislation in other jurisdictions such as the Logan Act in the United States of America.”
What is the Logan Act?
The Logan Act is a 1799 U.S law that calls for the fine or imprisonment of private citizens who attempt to intervene without authorization in disputes or controversies between the United States and foreign governments. No successful prosecution has taken place in terms of the law in its 221 years of existence.
The Logan Act was enacted in response to Philadelphia politician George Logan’s private, unauthorised efforts to negotiate peace with the French government during the undeclared naval conflict between the U.S and France from 1798-1800.
Section 953 of the Logan Act reads:
“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined not more than $5,000 or imprisoned not more than three years, or both.”
While the law has not been used to successfully prosecute offenders, its critics say its real use is in scaring political opponents.
What is the name of the proposed law?
Although initial discussions in government appeared to be on an entirely new law that would be called the Patriot Act, Cabinet has now only agreed that the proposed changes be accommodated through amendments to the Criminal Law (Codification and Reform) Act.
After the October 27, 2020 Cabinet meeting that approved the proposals, Information, Publicity and Broadcasting Services Minister Monica Mutsvangwa said government had noted that Zimbabwe’s “current law does not criminalise the authorised communication or negotiation by private citizens with foreign governments” yet this had a direct bearing on the country’s welfare.
What do the proposals say about engaging foreign governments?
“The amendments will criminalise the conduct of isolated citizens or groups who, for self-gain, cooperate or connive with hostile foreign governments to inflict suffering on Zimbabwean citizens and to cause damage,” according to the Cabinet statement delivered by Mutsvangwa, who said most of these engagements by individuals and organisations were designed to communicate falsehoods.
“Such wilful misinformation to foreign governments will therefore make the individuals or groups liable to prosecution.”
What about political protests and demonstrations?
The proposed amendments to the Criminal Law (Codification and Reform) Act will also make it punishable to plan, organise and stage protests and demonstrations “deliberately designed to coincide with major international, continental or regional events or visits”, according to the Cabinet resolutions.
What do the proposals say about torture and abductions?
The Cabinet also resolved that “unsubstantiated claims of torture and abductions that are concocted to tarnish the image of the government” would be regarded as criminal acts, Mutsvangwa said.
How will these proposed new legal provisions be implemented?
Zimbabwe Attorney-General Prince Machaya says when passed by Parliament, the new provisions will be implemented like other laws, with the state having to prove its allegations in court against accused persons or organisations.
What are the fears?
The major fears are that ZANU-PF will use these provisions to stifle the opposition, trample on basic civic rights and close the democratic space.
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