126 | Zimbabwe Rule of Law Journal
Promoting or inciting public disorder or public violence or endangering public safety
This ground directly relates to the permissible restriction of freedom of expression in the interests
of maintaining public order or protecting public safety. However, the section does not specify that
the false statement must cause or must be intended to promote or incite public disorder or public
violence on a scale that will significantly threaten public order or endanger public safety. Surely
incitement of minor public disorder cannot be prejudicial to the State. The offence of public violence
(s 36 of the Criminal Law Code) requires that the accused act in concert with one or more other
persons, forcibly and to a serious extent, disturb the peace, security or order of the public. A
person who incites public violence could be charged with incitement to commit the offence of
public violence. The need for the offence in s 31 of the Criminal Law Code is highly questionable.
Adversely affecting the defence of Zimbabwe
This ground directly relates to the permissible restriction of freedom of expression in the interests
of defence. But “defence of Zimbabwe” covers a wide spectrum of matters and the offence does
not specify that there must be direct, obvious and serious prejudice to Zimbabwe’s defence
interests. Without this limitation the chilling effect on the right to criticise aspects of the defence
sector will be considerable.
Adversely economic interests of Zimbabwe
This ground directly relates to the permissible restriction of freedom of expression in the economic
interests of the State. Again, “economic interests of Zimbabwe” cover a wide spectrum of matters
and the offence does not specify that there must be direct, obvious and serious prejudice to
Zimbabwe’s economic interests. Without this the chilling effect on the right to criticise aspects of
such matters as the management of the economy will be considerable.
Interfering with, disrupting or interrupting any essential service.
This ground does not specifically fall under any of the permissible grounds for restricting freedom
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