ZIMBABWE has noted with concern a generalised and unsubstantiated statement by the Zimbabwe Lawyers for Human Rights (ZLHR), which claims Government is stifling freedom of expression.
Addressing delegates to the Africa Human Rights Day in Banjul, The Gambia, yesterday, Deputy Minister of Justice, Legal and Parliamentary Affairs Nobert Mazungunye, who is leading Zimbabwe's delegation, said the claims by the ZLHR were unwarranted and without substance.
African Union member States are in Banjul for the African Commission on Human and People's Rights' 81st Ordinary Session, chaired by Mr Remy Ngoy Lumbu.
The session started on October 17 and ends on November 6.
Said Deputy Minister Mazungunye: "Firstly, I wish to reiterate that our Constitution guarantees the freedom of expression for all. The statement by ZLHR is not only unsubstantiated, but also contains bare and bald allegations against my Government. There has not been anything to show the alleged disgruntlement of citizens over what has been described as a deteriorating political situation.
"Mr Chairman, Zimbabwe has a constitutionally elected Government following a general election held in 2023. Following that election and the pronouncement of the ruling party as the winner of the election, my country has not been in a situation of political instability to warrant the mention of a deteriorating political situation."
Deputy Minister Mazungunye also refuted allegations that provisions of the Criminal Law Codification and Reform Act, setting out the offence of undermining the authority of the President and publishing or communicating falsehoods, was being used selectively.
"This law is of a general application by the authorities on all citizens and not targeted on the few. Mr Chair, I would like to pose a question, whether there is any country where authorities can be brought to ridicule without any justification, with the perpetrators facing no consequences?
"The right to freedom of expression is not absolute and without limitations. The exercise of this right also entails a duty on individuals to safeguard and not injure the rights of others including protecting public interest," he said.
The Deputy Minister also dismissed allegations of hate speech by Government officials during the debate of the Private Voluntary Organisations Bill that has since been passed by Parliament.
He explained that allegations of hate speech by senior Government officials and Parliamentarians do not hold water since Government does not involve itself with debates in Parliament.
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"Such debates are governed in terms of the Parliamentary Standing Rules and Orders, and are protected under the Parliamentary Privileges.
"Complaints for acts done or said in Parliament are dealt with in terms of the rules governing Parliamentary proceedings. Interventions by the Government would undermine the principles of separation of powers."
Deputy Minister Mazungunye shed light on the right to freedom of expression in the country.
"On allegations for arrests of individuals in contravention of the rights to freedom of expression, allow me to highlight that, arrests of individuals reasonably suspected of having committed an offence is under the purview of the police.
"Once arrested, an accused is brought before the courts of law and the courts make independent assessments and decisions on a case-by-case basis. The fact that ZLHR secured acquittals of the arrested should not be a subject of this Commission.
"The acquittals are testament of no Governmental interference with the due process and hence the strict adherence to the rule of law," he said.
The event was convened by the African Union Commission on Human and People's Rights.
