The Minister of Information, Publicity, and Broadcasting Services, who is also Acting Minister of Home Affairs and Cultural Heritage, Jenfan Muswere, has been criticised for his recent statement, which many believe undermines fundamental human rights.
Last week, Muswere released a statement warning opposition political parties, and Civil Society Organisations (CSOs) accusing them of attempting to incite anarchy and despondency.
The Minister stated that law enforcement would not hesitate to apprehend those who undermine the justice delivery system by causing chaos and mayhem.
Speaking during This Morning on Asakhe, Human Rights Lawyer Arnold Tsunga said the Minister must uphold the right to freedom of expression.
“It’s a very unfortunate statement coming from a minister who signs both as the Minister of Information, Publicity, and Broadcasting Services, as well as the Minister of Home Affairs and Cultural Heritage. Both these ministries are critical as part of our national policy infrastructure for protecting the fundamental human rights of the Zimbabwean people. The Ministry of Information, in particular, has a mandate and obligation to protect and fulfil the right to freedom of expression of the people of Zimbabwe, and the Ministry of Home Affairs also has the responsibility of promoting, protecting, and fulfilling fundamental rights and freedoms for the people of Zimbabwe,” he said.
Tsunga argued that the statement contradicts the legal principles binding the Minister and the entire government of Zimbabwe, including the police and security agencies.
“I think the Minister’s statements ask us to look at what the right to freedom of expression includes. It includes the right to receive and disseminate information, and in this era of digitization, the right to the internet, which is an information highway, is also guaranteed, as much as digital rights, which are human rights.”
“The government has a duty to protect those rights, and the Minister, in particular, because of his dual role, has an added responsibility at the policy level to ensure that Zimbabweans will enjoy these fundamental rights. The freedom of expression and other fundamental rights, such as association, assembly, movement, and protests, are highlighted by the fact that they are also protected in the Bill of Rights of our Constitution,” he said.
He added, “When we look at the Bill of Rights, these rights are actually protected through direct access to the Constitutional Court. The Minister’s statement goes contrary to his obligations as the primary duty bearer to ensure that fundamental rights are enjoyed in terms of the Constitution.”
Tsunga noted that there is no legal or constitutional basis for the Minister’s statement, which he believes indicates a sense of panic or fear about something not immediately apparent.
“What the Minister has said does not show that the country has reached a level where we should be deploying the security forces, the military, to deal with an indeterminate threat involving unidentified people, which can be easily contained by our police force,” he said.
Meanwhile, CITE Director Zenzele Ndebele said the opposition and CSOs are being used as scapegoats.
“I believe this statement is addressed internally to ZANU-PF factions. Within ZANU-PF, there is an internal fight, either to extend the President’s term to a third term or to extend the current term to 2030. In my view, the warning is internal and is probably a warning to those who think certain factions are going to use the war veterans to push for their agendas. The war veterans should be warned that we are after them,” he said.
Ndebele noted that the opposition and Civil Society are currently at their weakest.
“We used to have very vocal, strong civil society organizations in Zimbabwe, but currently, because of many factors, I think there is fatigue. People are tired; they are playing it safe. There is the NGO Bill, which is a threat to many civil society organizations, and many people don’t want to be found on the wrong side of the law.”
“The enemy in Zimbabwe right now, the person or the party capable of causing anarchy, is ZANU-PF itself. They are the only people who can demonstrate against each other because they are not happy with the extension of the term. They are threatening them with the NGO Bill. Are they talking to the opposition? Which opposition? When, post-2023 election, they hijacked the election,” he said.
In addition, Dr MacDonald Lewanika added that the statement did not attempt to present a positive image of the country, especially with upcoming international conferences on the horizon.
