58. Freedom of assembly and association
Every person has the right to freedom of assembly and association, and the right not to assemble or associate with others.
61. Freedom of expression and freedom of the media
Every person has the right to freedom of expression, which includes: freedom to seek, receive and communicate ideas and other information; freedom of artistic expression and scientific research and creativity; and academic freedom……
62. Access to information
Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level…..
The foregoing is an extract of constitutional provisions that regulate aspects of assembly, association, freedom of expression, media freedom and access to information.
The afore-mentioned provisions thus bring into the spotlight several laws that presently govern the parameters within which these rights can be exercised. These laws include pieces of legislation such as Access to Information and Protection of Privacy Act, Public Order and Security Act, Interception of Communications Act, Official Secrets Act and the Criminal Law (Codification and Reform Act), among others.
It is critical to note that legislative Acts of Parliament are only valid to the extent of their consistency with the supreme law of the land, i.e. the constitution.
This means that should the constitutional draft be duly endorsed following the convening of the Referendum on 16 March 2013, these Acts of Parliament ought to be in sync with the new constitution as any other inconsistent provisions thereto become ipso facto unconstitutional.
Premised on this factual reality, it is clear that there is dire need to address pertinent provisions within the aforementioned pieces of legislation if there is to be harmony between the constitution and the Acts of Parliament.
Pertaining to the Criminal Law (Codification and Reform) Act, there is urgent need to revisit Section 31 which deals with the publication of false statements prejudicial to the state as well as Section 33 which deals with insulting the Office of the President including Section 96 on criminal defamation.
There is also imperative need to relook the Official Secrets Act in as far as the provisions of Sections 3, 4, & 8 on espionage, prohibition of communication of certain information and communication with foreign agents.
The danger with these provisions is that they place very little burden of proof on the state in determining the presence of intention in the commission of the offence, and they effectively stifle free flow of information.
AIPPA also contains a host of provisions in the realm of access to information and media regulation that inevitably require amendment. These include: sections 9-11 on access to information, Section 65 on the Minister’s unchecked discretionary registration powers where it pertains to foreign investment in the mass media, among a raft of other provisions.
These provisions need to be revisited as they are likely to run foul of the new constitution. This is on account of their direct impingement on the fundamental rights to access to information, freedom of assembly and association, freedom of expression and the media.
Suffice to say these pieces of legislation are too widely drawn to the point of indiscriminately criminalising free expression or conduct one might otherwise deem innocent in a democratic society.
Post published in: News