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Attacks on journalists often increase
towards elections in some countries in
Southern Africa, hence the increased focus
on elections. For example, in Mozambique,
local government elections are generally
fiercely contested, and this raises the need
for interventions that prioritise the safety of
journalists. Similarly, elections in Zimbabwe
have often been marred by violence, with
journalists bearing the brunt of the attacks.

However, on the other hand, some
governments are ploughing ahead with laws
that have been considered restrictive of
freedom of expression and association. For
example, Zimbabwe enacted amendments to
the Criminal Law (Codification and Reform)
Act, infamously referred to as the Patriot
Act.

Legislative developments

Act contains overly broad provisions. It
criminalises participating in meetings where
sanctions and military interventions are
considered or planning to subvert, upset,
overthrow and overtake a constitutionally
elected government.

The Zambian government finally enacted
an access to information law, one of the
major developments in Southern Africa
regarding legal developments on freedom of
expression and access to information.
In Botswana, the government is also
following the example of Zambia and
other countries such as Zimbabwe, that
have enacted access to information laws.
The government said that the Access to
Information Bill is set to be gazetted by April
2024.
The developments in Botswana came after
the Botswana Gazette approached the courts
seeking to compel the Water Utility Company
to release a report that researched water
flow into the Gaborone Dam, information
that the media house thought was in the
public interest.
The court ruled in favour of the Water
Utility Company, adding that Botswana does
not have a Freedom of Information Act, as
parliament has yet to enact such a law. The
newspaper argued that the right to freedom
of expression also included the right to
access information.

MISA Regional Annual Report 2023

The Criminal Law (Codification and Reform)

This comes as the government of Zimbabwe
has re-introduced the Private Voluntary
Organisations Amendment (PVO) Bill.
Initially, President Emmerson Mnangagwa
declined to sign the bill into law, raising
hopes that the proposed legislation was
dead in the water. However, President
Mnangagwa has indicated his interest in
bringing the bill before parliament.
In Angola, the National Assembly
approved a draft law on the status of NonGovernmental Organisations. It has been
described as considerably limiting in its
provisions on the enjoyment of fundamental
freedoms and contributes to shrinking civic
and democratic space.
Just like Angola and Zimbabwe,
Mozambique has also introduced a new
law to govern the operations of NGOs in the
country. Critics of the proposed legislation
argue that it limits freedom of association
and is meant to silence government critics.

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