Bill seeks to decriminalize Mugabe insults

Speaking in Harare at a stakeholders’ workshop on Friday, Rose Zigomo, a legal expert who assisted Chikwinya draft the bill, said the proposed law seeks to make it illegal to insult a President only in his capacity as head of government.

In the Bill, it would no longer be possible to be charged criminally if one utters or writes statements that are aimed at Mugabe in his capacity as Head of Government, head of a political party or in his personal capacity, according to Zigomo.

She said the Bill will also decriminalize defamation as defined in Section 31 of the Criminal Law Codification Act, which she said was too wide and difficult to understand.

“Sections 33 and 96 criminalize the publication of false statements against the president and statements that cause harm to others, and we are saying why criminalise? So the Bill also seeks to abolish the aspect of criminal defamation and leaves room for the defamed party to seek civil remedies,” she said.

Chikwinya said the bill was a result of the realization that the Executive was not responding to the quest to address the issue of media reforms in the country.

“Ordinarily, the bills would come from the Executive but since the formation of the GNU, we have been taking advantage of the Private Members Bill and we hope the Executive will ride on this chance to give MP’s an opportunity to carry out their mandate,” he said.

The Bill seeks to replace the stringent Access to Information and Protection of Privacy Act (AIPPA) as well as some provisions of the Official Secrets Act.

“As we are all aware the Global Political Agreement states that media reforms should be done in the country but up to now nothing to that effect has been done. We also thought that the Executive or the Principals were going to level the media environment as per their commitment they made four years ago.

“This has motivated this proposed Bill,” Chikwinya, who chairs parliament’s Portfolio Committee on Media Information Communication and Technology, said.

He said: “This Bill will not only give the public an enhanced right to information, but will also ensure that governmental institutions publish information about their structures and activities, thereby becoming more transparent and accountable.”

But media practitioners who attended the workshop criticised the document for its attempt to provide for both state and voluntary regulation at a time the fraternity is fighting to free itself from state meddling.

The Bill also seeks to establish an institutional framework for freedom of expression, access to information and a free press in Zimbabwe, whilst also introducing openness and transparency in both public and private bodies.