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Zimbabwe High Court declares parts of the Patriotic Act unconstitutional
Last Friday, the High Court of Zimbabwe declared a key section of the controversial Criminal Law Codification and Reform Act, widely known as the Patriotic Act, unconstitutional. The civil society organisation Media Alliance Zimbabwe and journalist and human rights activist Zenzele Ndebele had brought the case. They argue that the Act is too vaguely worded in parts, massively restricts fundamental rights such as freedom of expression and freedom of assembly and thus violates the Zimbabwean constitution.
The so-called Patriotic Act came into force after President Emmerson Mnangagwa signed it in July 2023, around a month before the presidential elections (Afrikapost aktuell 1/2023), and provides for far-reaching penalties for statements or actions that can be considered ‘wilful damage to the sovereignty and national interests of Zimbabwe’. The measures also include life imprisonment, deprivation of citizenship and disqualification from voting and public office for up to 15 years. The complaint was directed against two central passages of the law: Section 22(A2), which criminalises meetings to plan a government overthrow or military intervention against the Zimbabwean government, and Section 22(A3), which criminalises meetings at which economic sanctions or boycotts are discussed. The regulations apply equally to events or meetings at home and abroad and are not only aimed at Zimbabwean citizens.
In his verdict, Judge Rodgers Manyangadze declared section 22(A3) unconstitutional. The provision was formulated too vaguely (‘vague’) and too broadly (‘overbreadth’), leaving room for interpretation. This could restrict the exercise of central freedoms enshrined in the constitution, such as freedom of expression, freedom of association and political participation. As the punitive measures are based on this imprecise basis, they are also unlawful. On the other hand, the court upheld section 22(A2), which was also criticised. It was sufficiently clearly defined, pursued a legitimate objective and was considered necessary for the protection of state sovereignty.
Human rights organisations and civil society groups saw the ruling as an important victory in the fight against repressive legislation in Zimbabwe. Human Rights Watch spoke of a ‘positive step’, but warned that the Patriotic Act as a whole must be repealed, as it continues to pose a serious threat to fundamental rights. The plaintiffs represented by the Zimbabwe Lawyers for Human Rights and other Zimbabwean human rights defenders also welcomed the judgement. They said it encouraged them to continue to take legal action against laws that restrict civil liberties enshrined in the constitution.
Since President Mnangagwa took power in 2017, the political room for manoeuvre for civil society has narrowed further instead of opening up as announced. The most recent example is the Private Voluntary Organisations Amendment Act, which came into force in April 2025 and grants state authorities far-reaching powers of intervention over non-governmental organisations. For example, the law allows the dissolution and confiscation of assets of registered non-governmental organisations that are deemed to be ‘politically motivated’. Human rights groups see this as a targeted attempt to massively restrict civil society space. Many speak of a further ‘blow to organised civil society’. Against this backdrop, the High Court’s ruling is not only seen as a legal success, but also as a potential impetus for further constitutional reviews. It remains to be seen whether it can serve as a precedent to take action against similar laws in the future. But for many in civil society, it is a sign that going to court can be worthwhile.
Various human rights organisations have been critical of the Patriotic Act since its publication in 2023. Amnesty International spoke of a serious attack on freedom of expression and the United Nations Commission on Human Rights also described the law as a threat to civil society.
Most recently, journalist Blessed Mhlanga was remanded in custody in February, citing the Patriotic Act. He is accused of ‘transmitting messages inciting violence or damage to property’. Prior to his arrest, he had interviewed a war veteran and former Zanu-PF politician who criticised Zimbabwean President Mnangagwa. Mhlanga has since been released from custody, but his trial has not yet been finalised. It is hoped that the judgement of the High Court in Harare will send a signal for better protection of basic civil liberties and could have a positive impact on Mhlanga and future cases.
RFI and France 24 banned from broadcasting in Togo for three months
On Monday, the Togolese media supervisory authority announced that the state-funded French news broadcasters Radio France Internationale (RFI) and France 24 would be banned from broadcasting for three months. The Haute Autorité de l’Audiovisuel et de la Communication (HAAC) justified its decision by stating that the broadcasters had repeatedly breached journalistic due diligence and the duty of impartiality. These failures had already been reported and officially criticized on several occasions, according to the corresponding statement. However, the authority did not specify which specific contributions by the broadcasters had led to this decision.
Both broadcasters had reported on the anti-government protests in Togo’s capital Lomé in recent weeks. In addition to rising electricity prices, these were primarily directed against the latest constitutional changes and the associated new role of President Faure Gnassingbé, who has been Chairman of the Council of Ministers since May. This position is not tied to a fixed term limit and significantly strengthens his political power (Press Review CW 19/2025).
Various social groups, including the opposition, human rights organisations and activists, have raised accusations of a staged constitutional coup in connection with the constitutional amendment. Several dozen demonstrators were arrested during the protests at the beginning of June. According to official figures, around 50 people have since been released. However, human rights organisations have reported cases of physical violence during detention. Since then, there have been increasing calls from the opposition for President Gnassingbé to step down.
In a joint statement, those responsible at RFI and France 24 explained that they had been surprised by the suspension of their broadcasts without prior notice. They continue to adhere to the ethical principles of journalism and are prepared to clarify misunderstandings with the authorities. Media organisations such as Reporters Without Borders see the suspension of the two French news channels as a serious attack on media freedom and the right to information, which could further fuel the domestic political unrest in the West African country. Fabrice Petchez, Chairman of the Togolese Media Observatory, told the Associated Press news agency that although he could understand the media supervisory authority’s decision, he did not support it.
Recently, repeated restrictions on media and press freedom have been documented in Togo. For example, the Committee to Protect Journalists (CPJ) reported on the arrest of journalist Flore Monteau from French broadcaster TV5 Monde during the anti-government protests on June 6. She was forced to delete images and video footage of the demonstrations. Previous cases of this type of censorship by law enforcement agencies are also known. In September last year, six journalists who had reported on the meeting of an opposition party were also physically attacked.
The political situation in Togo remains tense. Despite the ban on demonstrations that has been in place since 2022, which was imposed in the wake of a deadly attack on the main market in Lomé, new protests have been announced. Last Thursday, the opposition parties Alliance Nationale pour le Changement (ANC) and Forces Démocratiques pour la République (FDR) as well as civil society groups called on the population to take part in civil disobedience actions from next Monday.
In other news
South Africa’s men’s cricket team, the Proteas, were greeted by cheering fans at Johannesburg airport on Wednesday after winning the ICC World Test Championship at the weekend. The final against Australia, held at Lord’s Cricket Ground in England from 11-14 June, was won by the South Africans in a historic victory by five wickets on day four. It is the first time that the South African national team, which went into the competition as underdogs, have won this tournament. Captain Temba Bavuma emphasised that this was a special moment for the team and the fans at home. The World Test Championship is the most prestigious tournament in traditional Test cricket. It runs over a two-year period in which nine national teams compete against each other in a points table. The top two teams qualify for the final. South Africa is the third oldest national team in the discipline and played its first Test in 1889 against England. However, the country was excluded from international cricket during the apartheid era. It was not until 1991, after the start of negotiations to end apartheid, that South Africa was reinstated as a Test cricket nation by the ICC World Cricket Federation. Since then, South Africa has introduced a quota system to give players from previously disadvantaged population groups better access to competitive sport.
Event information
From 4-6 July, 2025, the 14th Afro Ruhr Festival will take place on Friedensplatz in Dortmund. Organised by Africa Positive e.V. in cooperation with local partners, it presents a diverse programme of live music, dance, culinary delights and culture. The festival opens on Friday afternoon with a colorful Africa bazaar and a diverse cultural and music program. These include reggae and hip-hop musician Mellow Mark and the Ghanaian band FRA! The Afrofusion band Mokoomba from Zimbabwe will be performing on Saturday. The festival weekend will be accompanied by an international DJ team with a broad musical spectrum ranging from Afrobeats to salsa. One highlight is the “Parade of Diversity” on Saturday at 15:00hrs, which will run through Dortmund’s city center under the motto “Diversity in Unity”. Anyone who would like to actively participate with their own group, for example with music, dance, posters or costumes, can register online until 20 June. Further information on the program and the parade can be found here.