Let’s be clear – patriotism can never be legislated!

What I find most distasteful, though, is the shoddy and disingenuous attempt by the authorities in Zimbabwe (and, their usual sycophants) in portraying such shameful measures, of legislating patriotism, as a common trend in democratic nations – going as far as citing the ‘USA PATRIOT Act’ promulgated in the United States of America in 2001, after the 9/11 terrorist, and anthrax attacks in the country.

Well, for starters, there is a very good reason the name of this law is written in capital letters.

It is an acronym!

The long name of this act is actually the ‘Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism’ – which in short reads, USA PATRIOT.

In other words, the law has absolutely nothing to do with enforcing some version of patriotism on Americans – but, purely intended at tightening national security, particularly against foreign terrorism – by putting in place measures for ‘snooping’ or surveillance of communications, strengthening counterterrorism efforts, and tightening terrorism penalties (including the setting up of the notorious Guantanamo Bay Detention Camp, where suspected terrorists have been held indefinitely without any charges or trial).

As much as this law is undeniably problematic as in far as protection of personal privacy is concerned, as well as the arresting and prolonged detention of suspected terrorists without charge – nonetheless, no where in that piece of legislation is there any defining of what constitutes ‘patriotism’ for Americans, and what would be regarded as ‘unpatriotic’.

Thus, endeavors by the Harare administration to justify its own enactment of a ‘Patriotic Act’ – which criminalizes what the regime characterizes as ‘acts of unpatriotism’, under the pretext of following the American example – is the height of insincerity and deceit.

There are those who – possibly having noticed the error of their misunderstanding of the ‘USA PATRIOT Act’ – have gone for another US law… the ‘Logan Act’.

Surely, for any 21st century government, expecting to be taken seriously as a modern day democracy, resorting to the enactment of an 18th century archaic law, is a serious cause of concern – as the Logan Act was put into effect in 1799.

This law – which seeks to criminalize negotiation by unauthorized American citizens with foreign governments having a dispute with the US (intended to undermine the government’s position) – has, understandably, not gone unchallenged.

This was witnessed in 1964 in the US District Court for the Southern District of New York, in Waldron v. British Petroleum Co. – which asserted that the Act was likely unconstitutional, due to its vagueness.

Why, then, would a government in 2022 be so keen on replicating questionable legislation – as much as it may desire to protect its national interests, and preserving patriotism?

In fact, patriotism can never be legislated.

It is akin to a husband attempting to imposed and define love within the marriage with his wife – thereby, forcing her to love him, only in an particular manner outlined by him.

That would be preposterous, and the height of insanity.

Let us not forget that, Zimbabweans by their very nature, love their country, and only want what is best for the majority of its citizens.

At least, that is what motivates and drives people as myself.

If there are those who have committed any crimes against the country – then, why have they not been brought to book under current laws, such as on treason and subverting constitutional government, that already exist on our statute books?

Does the conspicuous absence of any such convictions not tell a clear story – that, there is no one the government of Zimbabwe can genuinely prove of having committed ‘unpatriotic acts’ against the country?

Admittedly, we may differ on which is the most effective way or policies for the achievement of a better Zimbabwe, whereby all its citizens enjoy dignified and decent livelihoods – and of course, be viciously opposed to any acts of looting of national resources, mismanagement of our economy, as well as the brutal barbaric repression of the citizenry – but, that can never be considered ‘unpatriotic’.

We may even cry out to the international community for help, should we sincerely believe that our leaders are not listening to our calls for justice and the equitable distribution of our resources – nonetheless, that is only natural when a people feel trapped and under siege from those who are supposed to protect them.

Did we not witness a similar trend during our 1960s and 70s liberation struggle against colonial rule – when nationalist leaders embarked on massive globetrotting, in order to bring to attention the untold suffering of the people of Zimbabwe, under a racist system of subjugation and segregation?

Did our nationalist movements not even call for more punitive measures to be implemented against the Rhodesia regime, so as to pile pressure for the acceptance of majority rule?

As such, painting this as ‘unpatriotism’ is most unfortunate and misguided.

Crying out to be treated fairly by those in authority, and a desire for a dignified and decent livelihood can surely not be ‘unpatriotic’.

Legislating against our natural inclination for justice and a better life can only be described as cold-hearted and evil.

In actual fact, those presiding over the demise of our once prosperous country – who have plundered nearly everything into oblivion, leaving millions wallowing in destitution – are the ones who have proven, beyond doubt, their unpatriotism.

Those are the people who should be brought to book for their villainous crimes against the people of Zimbabwe.

Love for one’s country runs deep in ordinary Zimbabweans’ blood – and, can neither be legislated or imposed on us.

We actually understand what ‘patriotism’ means – far more than those who have authored our poverty and suffering, by running our beautiful country into the ground.

Instead of expending so much time, resources and energy in crafting laws that criminalize citizens from crying out in pain and hunger – would it not have made more sense for those in power working hard in ensuring that Zimbabweans were happy?

• Tendai Ruben Mbofana is a social justice activist, writer, researcher, and social commentator. Please feel free to contact him on WhatsApp or Call: +263715667700 | +263782283975, or Calls Only: +263788897936, or email: mbofana.tendairuben73@gmail.com