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Challenge to the Criminal Law Codification and Reform Act

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In July of 2023, President Emmerson Mnagagwa signed the Criminal Law Codification and Reform Act into law, now commonly referred to as the Patriotic Act. The Act classified “wilfully injuring the sovereignty and national interest of Zimbabwe” as a crime which in turn, criminalized Zimbabwean civil society, human rights defenders and journalists who criticize the government at international forums or seek external accountability avenues. In response, Media Alliance of Zimbabwe and Zenzele Ndebele, a prominent journalist and human rights advocate, brought a constitutional challenge against the government for silencing dissenting voices. In June 2025, the High Court of Zimbabwe struck down major provisions of the law as unconstitutional. The case is pending hearing before the Constitutional Court which has to confirm the decision of the High Court.

The Criminal Law Codification and Reform Amendment Act was first published as a Bill in the Government Gazette on December 23, 2022. It was passed by the lower house of the National Assembly on May 31, 2023 and by the Senate on May 7, 2023 prior to being signed into law on July 14, 2023. Since 2022, major human rights organizations across the world have raised concerns about the legislation. The law criminalizes anyone who is found “wilfully injuring the sovereignty and national interest of Zimbabwe” which put a particular target on civil society, human rights defenders, and journalists who focus on holding the state accountable for rights violations.

The provisions criminalize Zimbabweans’ active participation in meetings with foreign governments (or their agents), that relate to, military/armed intervention in Zimbabwe, subverting or overturning the constitutional government, or the implementation or enlargement of sanctions or trade boycotts against Zimbabwe, including individual sanctions if they indiscriminately affect the people of Zimbabwe as a whole or any substantial section of it. These offenses are broad and not clearly defined, allowing the Zimbabwean government to suppress any form of dissent or criticism. Moreover, the offenses carry grave penalties including the death penalty and life imprisonment. Additional penalties include termination of citizenship or permanent residence, as well as suspension from voting and holding public office. The UN High Commissioner for Human Rights expressed its concern for the law, saying that it “risks being used to target, criminalize and weaken civil society.” 

In August 2023, Zenzele Ndebele — a prominent rights activist, journalist, and director of the Center for Innovation and Technology — along with the Media Alliance of Zimbabwe, brought an application for a declaration of constitutional invalidity before the High Court of Zimbabwe. They argued that numerous provisions in the law had a high potential for manipulation to target any critics. They argued that the sections silenced dissent and were unfair and defied the principles of democratic societies. They also contended that the law did not clearly define what is included in “wilfully injuring the sovereignty and national interest of Zimbabwe.” 

In June 2025, the Court delivered a judgement striking down Section 22A(3) of the law which relates to the criminalization of participating in meetings and discussions regarding sanctions against Zimbabwe. They also stated that the associated penalties infringed upon the Constitution. However, the Court decided to uphold Section 22A(2) of the law which criminalises participation in foreign-led efforts to subvert the government, expressing that the provision was sufficiently clear and necessary for national security. 

The case is pending hearing before the Constitutional Court which has to confirm the decision.

This decision of the High Court is a landmark ruling for civil society in Zimbabwe and sets a precedent for the protection of freedom of expression. Advocacy efforts to repeal the Patriot Act continue amongst Zimbabwean civil society.

The “Patriotic Act” was initially proposed as early as 2018 but gained momentum in 2021 following a rise in criticism of the government by Zimbabwean civil society. The government accused some opposition figures and civil society actors of “inviting sanctions” and collaborating with foreign powers to destabilize the country. In response, the government argued that the legislation was necessary to safeguard national sovereignty. These efforts came amidst a backdrop of severe civic space violations. A survey administered to 67 civil society organizations by ZimRights and the Observatory for the Protection of Human Rights Defenders showed that in 2024, almost all of the surveyed organizations reported operating with major restrictions. These restrictions include surveillance, infiltration by state agents, material destruction, and intimidation of staff and community members. 

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