One cannot speak freely on the bus or in public or go to the national broadcaster or the media
with one’s views, if these are not in line with the views of government.
Zimbabweans have realised that normal channels of communication are not open to them and
they find alternative ways of expressing their disgruntlement through theatre and music. A
number of musicians are composing songs in a way that allows their consumers to interpret
the lyrics they way they want. Drama is another medium that is being chosen as a way for
people to convey their sentiments.
In the Afro Barometer, which researches opinions and attitudes of people in 18 countries, Zimbabwe always comes out worst. Up to 35 % of respondents say “don’t know” in reply to what
they perceive to be politically sensitive questions, preferring to give non-committal responses
since they do not dare to give clear answers.
SCORES:
Individual scores:
Average score:

3.3

1, 3, 1, 2, 1, 1, 1, 1, 1, 1
1.3
(2006 = 1.1)

There are no laws restricting freedom of expression such as excessive
official secrets or libel acts, or laws that unreasonably interfere with
the responsibilities of media.

ANALYSIS:
Zimbabwe has laws in place that take away the little freedom of expression that the constitution allows. These are, among many others, the Official Secrets Act, POSA, BSA and AIPPA.
POSA, for example, makes it a criminal offence to publish or communicate “false statements
prejudicial to the state”. A person may be fined or imprisoned for up to five years for publishing
a “false” statement likely to incite public disorder, affect the defence and economic interests
of the country, or undermine public confidence in the police, armed forces or prison officers.
Section 16 makes it an offence to make a public statement with the intention of, or knowing
that there is a risk of “undermining the authority of or insulting the President”. This includes
statements likely to engender feelings of hostility towards the President, cause “hatred, contempt
or ridicule” of the President, or any “abusive, indecent, obscene or false statement” about his
person or his office. The offence attracts imprisonment for up to one year.
The Criminal Codification Act 2005 is the most threatening piece of legislation regarding
freedom of expression – the “mother of all repressive acts”. It forbids the publication or communication of “false statements prejudicial to the state” (section 31). Although the provision
directly targets journalists and the mass media, its ambit is wide enough to include citizens
generally. According to section 33 of the Act, a person is guilty of undermining the authority
of or insulting the President if they publicly make a statement by words, by an act or by a
gesture that will “(i) engender feelings of hostility towards; or (ii) cause hatred, contempt or
ridicule of the President or an acting President, whether in person or in respect of his office …”.
The Criminal Codification Act together with POSA severely restrict citizens’ right to freedom
of association, assembly and movement, thus suppressing any form of dissent.

So This Is Democracy? 2008

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Media Institute of Southern Africa

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