ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION to persuade or induce the other person to commit a crime, whether in terms of this Code or any other enactment; or The obligation of the state therefore, is to create an enabling environment for the exercise of freedom of expression and access to information, including by ensuring protection against acts or omissions of non-State actors that curtail the enjoyment of freedom of expression and access to information.23 It is also the obligation of the state to ensure that, “everyone enjoys the rights to exercise freedom of expression and access to information without distinction of any kind, on one or more grounds, including race, ethnic group, colour, sex, language, religion, political or any other opinion, political association, national and social origin, birth, age, class, level of education, occupation, disability, sexual orientation, gender identity or any other status.”24 3. realizing that there is a real risk or possibility that the other person may be persuaded or induced by the communication to commit a crime, whether in terms of this Code or any other enactment; shall be guilty of incitement to commit the crime concerned. These laws were used recently by the Zimbabwe government to arrest and detained renowned investigative journalist, Hopewell Chin’ono, who was accused of inciting the public.20 Mr. Chin’ono, whose work as an investigative journalist have been critical of the government, especially on matters relating to corruption. His recent investigation into corruption in the awarding of contract for medical equipment and PPEs has led to the sacking of the country’s former health minister. Mr Chin’ono arrest has attracted both domestic and international criticism against the government from the United Nations, civil societies groups and members of the public who accused the government of using Covid-19 as an excuse to stifle freedom of expression and descent.21 Several journalists and activists have been intimidated and arrested in Zimbabwe including 5 journalists that were arrested in April while covering government declared lockdown as a measure to curb the spread of the virus.22 The right to freedom of expression in the context of a pandemic The right to freedom of expression is a facilitative right that is necessary for the realization of other human rights, in this case the right to health as guaranteed under the International Covenant on Economic, Social and Cultural Rights.25 The Committee on Economic, Social and Cultural Rights affirmed and underscored the significance of freedom of expression in this broad sense, including the academic and scientific freedom. This translates to the freedom to generate and share information on COVID-19 through various platforms including the media.26 In this regard, 20 N Bolani ‘Zimbabwean journalist, civil activist arrested on Monday’ (2020) https://www.sabcnews.com/sabcnews/zimbabwe- government-under-fire-after-arrests-of-journalist-civil-activist/ (accessed 26 March 2020). 21 ‘Ramaphosa urged to secure release of Hopewell Chin’ono and other jailed journalists in Africa’ (2020) https://www.dailymaverick.co.za/article/2020-07-23-ramaphosa-urged-to-secure-release-of-hopewell-chinono-and-other-jailed- journalists-in-africa/#gsc. tab=0 (accessed 26 July 2020). 22 ‘Five Zimbabwean reporters arrested while covering coronavirus lockdown’ (2020) https://rsf.org/en/news/five-zimbabwean- reporters-arrested-while-covering-coronavirus-lockdown (accessed 26 March). 23 Declaration, principle 1(2). 24 Declaration, principle 3. 25 D Kaye n 2 above, para 12. 26 Committee on Economic, Social and Cultural Rights General Comment No. 25 (2020) on science and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4) of the International Covenant on Economic, Social and Cultural Rights). https://zimbabwe.misa.org 10