HARARE – In a major legal victory for civil liberties, the High Court has declared a key provision of the controversial Criminal Law (Codification and Reform) Amendment Act – commonly referred to as the “Patriotic Act” – unconstitutional.

Justice Rogers Manyangadze handed down the landmark ruling on Friday, 13 June 2025, nullifying Section 22A(3) of the Act, citing its infringement on several constitutionally protected rights.

The impugned provision criminalised conduct perceived as damaging Zimbabwe’s national interests, but critics said it was vaguely worded and open to abuse, potentially criminalising dissent and curbing freedoms.

In his judgment, Justice Manyangadze ruled that the section violated:

• Freedom of assembly and association (Section 58),
• Freedom of expression and media (Section 61),
• Political rights (Section 67), and
• Provisions related to citizenship (Section 39) of the Zimbabwean Constitution.

The legal challenge was filed in July 2023 by the Media Alliance of Zimbabwe (MAZ)—a coalition of media support organisations—and veteran journalist Zenzele Ndebele. They were represented by lawyers Charles Kwaramba and Godfrey Nyoni from Zimbabwe Lawyers for Human Rights (ZLHR).

The applicants argued that Section 22A(3) was vague, overly broad, and posed a chilling effect on free speech, journalism, and political participation.

The now-defunct clause formed part of a controversial legislative package enacted by government in July 2023. While authorities claimed the law aimed to protect national interests, rights groups warned it was a slippery slope toward authoritarianism.

Friday’s ruling has been welcomed by media freedom advocates and human rights defenders as a critical step in safeguarding democracy and civil liberties in Zimbabwe.