With all the loose talk about “treason” being bandied around Evan Mawarire #ThisFlag campaign frontman recently, I thought readers might be interested to know that section 20(3) of the Criminal Law Code clearly states: “For the avoidance of doubt, it is declared that nothing in this section shall prevent the doing of any thing by lawful constitutional means directed at —
By Howard Dean,Our Reader
(a) the correction of errors or defects in the system of Government or Constitution of Zimbabwe or the administration of justice in Zimbabwe;
(b) the replacement of the Government or President of Zimbabwe;
(c) the adoption or abandonment of policies or legislation; or (d) the alteration of any matter established by law in Zimbabwe.”
In turn, section 59 of the 2013 Constitution states: “Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully.”
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So, as I understand these legal provisions, there is nothing “treasonous” about citizens peacefully demonstrating and calling on the President to resign. They have that constitutional right.
It is those threatening violence in retaliation who are breaking the law. For example, section 45 of the Criminal Law Code makes it clear that anyone who, by means of a threat of unlawfully inflicting harm, induces another person to refrain from doing something he or she is legally entitled to do, is guilty of the crime of intimidation.
The penalty is a fine up to $700 and/or imprisonment for up to five years.