The Arrest That Exposed The Legislative And Justice System In Zimbabwe

By Shingirai Vambe

The recent arrest of journalist Blessed Mhlanga under Section 136 of Zimbabwe’s Criminal Law (Codification Reform) Act has once again brought to the fore the challenges faced by journalists in the country. Despite the progress made in enshrining freedom of expression in the constitution, journalists continue to face numerous hurdles in their quest to discharge their duties.

At the heart of the matter is the country’s Information Act, which has been criticized for being overly restrictive and vague. The Act gives the government sweeping powers to regulate the media, including the power to ban publications and arrest journalists deemed to have breached the law.

Section 136 of the Act, under which Mhlanga was arrested, is particularly problematic. It criminalizes the online transmission of certain messages, including those deemed to be “harmful to the state” or “likely to incite violence.” However, the section does not provide clear guidelines on what constitutes “harmful” or “incitement,” leaving it to the discretion of the authorities to decide.

This vagueness has led to numerous abuses, with journalists and activists being arrested and charged under the section for simply exercising their right to freedom of expression. The arrest of Mhlanga, who was charged for disseminating an interview with a war veteran, is a case in point.

The challenges faced by journalists in Zimbabwe are further compounded by the country’s constitutional framework. While the constitution enshrines freedom of expression, it also includes provisions that limit this right. For instance, Section 61 of the constitution, which guarantees freedom of expression, also allows for limitations on this right in the interests of national security, public order, and public health.

However, these limitations are often abused by the authorities to stifle criticism and dissent. Journalists who report on sensitive topics, such as corruption and human rights abuses, are often harassed and intimidated by the authorities. Some have even been arrested and charged under the country’s draconian laws.

The legislative role in addressing these challenges cannot be overstated. Parliament has a critical role to play in amending and repealing laws that infringe on citizens’ rights. However, the slow pace of legislative reform has meant that many of these laws remain on the statute books, continuing to pose a threat to freedom of expression and other fundamental rights.

Furthermore, many citizens are not well-versed with their constitutional rights, making them vulnerable to abuse by the authorities. There is a need for greater civic education and awareness-raising about the constitution and the rights it enshrines.

The Media Institute of Southern Africa (MISA) has been vocal in its criticism of the country’s media laws, including the Information Act. The organization has argued that the laws are overly restrictive and stifle freedom of expression.

“The laws are designed to control the media and stifle dissenting voices,” said Tabani Moyo, the regional director of MISA. “They are a relic of the past and have no place in a democratic society.”

Moyo’s sentiments are echoed by many journalists in Zimbabwe, who feel that the laws are a major obstacle to their work. Many have reported being harassed and intimidated by the authorities, while others have been arrested and charged under the country’s laws.

Despite these challenges, journalists in Zimbabwe remain committed to their work. Many continue to report on sensitive topics, despite the risks involved. Others have turned to online platforms, such as social media and blogs, to disseminate their work.

However, the challenges faced by journalists in Zimbabwe are a major concern. The country’s media laws need to be reformed to ensure that they are in line with international standards on freedom of expression. The government also needs to respect the rights of journalists and ensure that they are able to work without fear of harassment or intimidation.

Ultimately, the arrest of Blessed Mhlanga is a wake-up call for the government, parliament, and citizens of Zimbabwe. It highlights the need for greater protection of journalists’ rights, the need for legislative reform, and the need for greater civic awareness and education about the constitution and the rights it enshrines