The Patriotic Act and its far-reaching consequences on freedom of expression in the digital space in Zimbabwe

Abstract

This thesis critically examines the systematic repression of freedom of expression and the right to privacy in Zimbabwe's digital space. Through an analysis of repressive legislative frameworks such as the Criminal Law and Codification and Reform Act, the Interception of Communications Act, and the recently enacted Patriotic Act, it argues that the Zimbabwean government has actively cultivated an environment of civic repression that undermines democratic principles. These laws through their vague and broad provisions have facilitated widespread state targeted surveillance, restricted free expression by introducing excessive criminal sanctions, and led to the persecution of human rights defenders, political activists, and journalists such as Hopewell Chin’ono and Job Sikhala. The government's encroachment on digital rights is further compounded by a lack of judicial independence, evidenced by constitutional amendments that centralise the power over judicial appointments and tenure of office with the President and the judiciary’s inability to counter these laws effectively. Additionally, there has been a disturbing pattern of enforced disappearances and abductions of political activists and human rights defenders, contributing to a pervasive climate of fear and intimidation that negatively impacts the said rights.