ZIMBABWE Lawyers for Human Rights (ZLHR) welcomes the landmark decision of the High Court, which recently declared an offensive provision of the Criminal Law (Codification and Reform) Amendment Act as unconstitutional.
In a judgment handed down on Friday 13 June 2025, High Court Judge Justice Rogers Manyangadze declared section 22A(3) of the Criminal Law (Codification and Reform) Amendment Act (commonly known as the Patriotic Act) to be constitutionally invalid as it infringes several fundamental provisions contained in the Bill of Rights in the Constitution such as the right to freedom of assembly and association guaranteed under section 58 of the Constitution, freedom of expression and freedom of the media, provided under section 61 of the Constitution, political rights guaranteed under section 67 of the Constitution and the provisions of section 39 of the Constitution, which outlines the revocation of citizenship.
Justice Manyangadze’s ruling came after the Media Alliance of Zimbabwe (MAZ), an alliance of various media support organisations and Zenzele Ndebele, a senior journalist, filed an application in July 2023 at the High Court, challenging the constitutionality of section 22A (3) of the Criminal Law (Codification and Reform) Amendment Act, which was enacted in July 2023 and criminalises actions perceived to damage the national interests of the country.
In their application, MAZ and Ndebele, who were represented by Charles Kwaramba and Godfrey Nyoni of Zimbabwe Lawyers for Human Rights, argued that section 22A(3) of the Criminal Law (Codification and Reform) Amendment Act, which is the impugned provision, is vague and overbroad and infringes fundamental rights while the penalties provided, which include lengthy imprisonment and drastic measures like revocation of citizenship, deprivation of voting rights and prohibition from holding public office, are so draconian and amounts to an assault on citizens’ rights and freedoms.
In his ruling, Justice Manyangadze ruled that revocation of citizenship as one of the penalties for violating provisions of section 22A (3) of the Criminal Law (Codification and Reform) Amendment Act is clearly a drastic measure which the Constitution permits in very limited circumstances and hence the impugned provision does not fall within the purview of the permissible circumstances for revocation of citizenship and is an infringement of the constitutional provisions relating to citizenship.
ZLHR welcomes the declaration of constitutional invalidity for such an abhorrent piece of legislation, which is inconsistent with and infringes upon human rights. Such a declaration reinforces the rule of law by ensuring that all laws and actions are consistent with the Constitution, which is the supreme law of the land.
The declaration of constitutional invalidity is a valuable tool for promoting and protecting human rights and government should ensure that laws and its actions are consistent with constitutional principles.
The High Court’s judgment is a positive step towards upholding human rights principles and aligning with Zimbabwe’s regional and international human rights obligations.
ZLHR has long maintained that such retrogressive provisions contained in the Criminal Law (Codification and Reform) Amendment Act are a breach of the Constitution and of regional and international human rights obligations.
ZLHR extends its heartfelt appreciation to its member lawyers Charles Kwaramba and Godfrey Nyoni for their invaluable expertise in successfully challenging laws which hamper the exercise of rights to freedom of association and assembly and which hinder the enjoyment of constitutionally guaranteed rights.
As this crucial case proceeds to the Constitutional Court for confirmation of constitutional invalidity, ZLHR remains committed to fostering a culture of human rights in Zimbabwe including ensuring that its legal submissions continue to shape the legal landscape in the country.
ENDS
Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org
www.zlhr.org.zw
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