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

Select target paragraph3