Zimbabwe
November 2017 arrested and charged
with subversion and insulting the president through a tweet in which she allegedly called then president Mugabe a
“sick man”.
Martha’s arrest served as a warning on
how closely state authorities were monitoring statements made through social
media. She was charged under Section 33 (2) of the existing Criminal Law
(Codification and Reform) Act [Chapter
9:23] which criminalised statements
which undermined the authority of the
president.
During the same month, members of
the Criminal Investigations Department
raided the Magamba offices and confiscated desktops and laptops.
O’Donovan spent seven days at Chikurubi Maximum Prison in Harare before
being granted bail by the High Court.
The offence carried a maximum sentence of 20 years imprisonment. If past
trends were anything to go by, there was
high probability that the proposed cyber
crimes and cyber security laws would
be selectively applied through various
state institutions to persecute any dissenting voices in online spaces.

Constitution’s Chapter 4 Bill of Rights
as well as the findings and recommendations of the Information and Media
Panel of Inquiry (IMPI) report.
The 666-page report released on 18
March 2015, recommended the repeal
of laws such as the Access to Information and Protection of Privacy Act (AIPPA), Criminal Law (Codification and
Reform) Act, Broadcasting Services Act
(BSA), Censorship and Entertainment
Controls Act (CECA), Official Secrets Act
(OSA) and Copyright and Neighbouring
Rights Act.
Fundamentally, Zimbabwe should sign
and ratify the ACDEG which promotes
the consolidation of democratic governance and human rights in Africa through
adoption of the Charter’s relevant clauses into domestic law and policies ahead
of the 2018 elections

This happened against the background
of constitutional guarantees that citizens
have the right to freely express themselves online and offline while the media has the right to truthfully report and
inform the nation on events as they unfold without fear and undue hindrances.

LOOKING FORWARD TO 2018
The government should urgently implement the long overdue media reforms by
aligning restrictive laws such as AIPPA,
BSA, POSA and sections of the Criminal Law (Codification and Reform) Act
(CODE) as provided for in terms of the

So This is Democracy? 2017

147

Select target paragraph3