Source: The “Patriot Act” : The Crime of Wilfully Injuring the Sovereignty and National Interest of Zimbabwe
- implementing or extending sanctions or trade boycotts against Zimbabwe.
The two types of meeting are treated differently and carry different penalties, so we shall deal with them separately.
- Meeting to Plan Armed Intervention or Subversion
A citizen or permanent resident of Zimbabwe who actively participates in a meeting, in Zimbabwe or elsewhere, to consider or plan:
- armed intervention in Zimbabwe by a foreign government, or
- subverting or overthrowing the Zimbabwean government,
is guilty of an offence and liable to:
- death or life imprisonment, where the meeting considered or planned armed intervention
- up to 20 years’ imprisonment, where the meeting considered subverting or overthrowing the government.
- Meeting to Plan Sanctions or Boycott
A citizen or permanent resident of Zimbabwe who actively participates in a meeting, in Zimbabwe or elsewhere, to consider or plan sanctions or a trade boycott against Zimbabwe is guilty of an offence and liable:
- to a fine of up to US$12 000 or imprisonment for up to 10 years, or both, or
if the offence is aggravated [we shall explain this later] and the prosecutor so requests, to any or all the following:
- termination of citizenship, unless the person is a citizen by birth or descent
- cancellation of the person’s permanent residence, if the person is not a citizen
- disqualification, for between five and 15 years, from being registered as a voter or voting
- prohibition from holding public office for between five and 15 years.
Points to note:
For the purposes of the crime:
Ø A meeting is defined as any communication between two or more people, whether in person or virtually. A written communication would not count as a “meeting”, but perhaps a telephone call could.
Ø A meeting may be initiated by the citizen or permanent resident or by a foreign agent.
Ø A citizen or permanent resident may participate in a meeting in person or through an agent.
Ø A person will not commit an offence by participating in a meeting:
o unless he or she knows or has reason to believe that the purpose of the meeting is to plan armed intervention, subversion, sanctions and so on, or
o if he or she tries to discourage the armed intervention, subversion or sanctions that are being planned.
Ø Sanctions and trade boycotts will be regarded as directed at Zimbabwe even if they are targeted at particular individuals, so long as they indiscriminately affect a substantial section of Zimbabwe’s people.
Ø The offence of participating in a meeting to plan sanctions or boycotts will be regarded as aggravated:
o if it is proved that the actions of the accused person resulted in sanctions or a boycott, or that the accused made or endorsed a false statement at the meeting, and
o even if the meeting did not bring about sanctions but instead induced a foreign government to issue a non-binding advisory which had the same effect as legal sanctions.
Secondly, the language in which the offence is framed is complicated, vague and difficult to understand. If for example an opposition activist has a conversation on WhatsApp with a member of a foreign legislature and discusses the effect of sanctions on the Zimbabwe Government’s attitude towards opposition parties, does that activist commit an offence under the new section? It is hard to say. What is certain is that the activist, if regarded as a threat to the Government or ruling party, is likely to be arrested and put on trial for the offence. The same applies to a politician who addresses a rally and urges foreign governments to extend sanctions against the country: the politician will almost certainly be arrested even though his or her conduct would not constitute an offence under the Act [assuming no foreign agents are at the rally]. The new offence, in short, is liable to be used to suppress dissenting political voices.
That is probably its real purpose.
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COMMENTS
The government of the day who is in power is ruling on behalf of all irrespective of political affiliations. This is it finish and klar. This does not mean the country belongs to the government or party ruling. The ruling now is what Ian Smith did so we are back to pre Zimbabwe days. Our liberation truly was nothing them as these laws prove it. We are justified to criticize government for bad governance but that doesn’t mean we don’t love our country. We all love our country even though it is run by a dictator/s. Those around the world fighting for a better Zimbabwe are only wanting for good governance and for most that’s all we want . So ZanuPF you don’t own Zimbabwe we the people own it ,so get that in your mad brains.Aluta Continua forever.
Ngoni, you are absolutely correct, and as you’re fully aware, “the Devil is in the details”. This law is a protection scheme to allow the ZANUPF dictator to “legally” harass and imprison any who publicly or privately discuss or relay evidence of bad governance and high-level corruption. That is the most well-known “secret” in Zimbabwe. It simply nails the final nail in Zimbabwe’s coffin. DPRK and Kim Jong Un come to mind. Zim citizens do not deserve this.
Telling the truth about the dire situation that prevails in Zimbabwe has become a crime. ZANUPF forgets something, some Zimbabweans have families in the diaspora who remit money to their families in Zimbabwe. And, incidentally, these remittances are what keeps Zimbabwe afloat. The Zimbabweans in the diaspora are not blind or deaf to what is happening in Zimbabwe. That is the reason why they are now living in the diaspora. They fled the corruption, repression, oppression and poverty that is created by ZANUPF. There Mnangagwa, threatening the Zimbabwean people by enacting more repressive and oppressive laws is not going to endear you of ZANUPF to them. Zimbabweans in the diaspora will continue to speak about the situation in Zimbabwe, and relate what a failure Mnangagwa and ZANUPF are. Zimbabweans in the diaspora are the voice of the oppressed people of Zimbabwe. So Emmerson Mnangagwa get over yourself and stop being a fool. I loathe what you stand for and I despise ZANUPF.
Nyoni, lets keep speaking the truth. Our voices are the weapons that ZANUPF fears the most. ZANUPF know they are hated by the majority of people of Zimbabwe. They are not respected either, hence the enacted of this stupid law. If they think this law is going to silence the people of Zimbabwe they are surely deluded. The Zimbabweans in the diaspora will never remain silent as long as ZANUPF continues to brutalise and impoverish Zimbabweans. The day of reckoning will arrive and justice will prevail. Ask Robert Gabriel Mugabe about that. That evil man thought he would live forever, and then along came Emmerson Mnangagwa who had him booted out. Then Mugabe, that evil man, died and is now answering for his misdeeds, and meeting all the people he murdered when he was ruling the country. Mnangagwa no human being stays in power forever. You are an old man too, and just as wicked as Mugabe was. BEWARE!! the day of reckoning is coming.