“In Zimbabwe, Insulting the President Is a Criminal Offense With Jail Time”
Section 33 of Zimbabwe's Criminal Law (Codification and Reform) Act makes it a criminal offense to publicly insult or undermine the authority of the President, carrying penalties of up to one year in prison, a fine, or both. The law is actively and frequently enforced, though the 'state symbols' element of the popular claim is an overstatement not fully supported by the statute.
Colonial Origins of the Law
Zimbabwe's presidential insult law is not a modern invention — it has deep colonial roots. The offense was directly re-enacted from Section 16 of the Public Order and Security Act (POSA) and before that from the repressive Law and Order (Maintenance) Act (LOMA) of 1960, which the white minority Rhodesian colonial regime used to suppress the African liberation struggle.
Enforcement Under Mugabe and Mnangagwa
After independence in 1980, successive Zimbabwean governments kept the law and weaponized it similarly. Under Robert Mugabe's nearly four-decade rule, Zimbabwe Lawyers for Human Rights (ZLHR) recorded over 200 prosecutions under the insult law. When Emmerson Mnangagwa seized power in a de facto coup in November 2017, pledging a new democratic era, observers quickly noticed that his administration was just as willing — if not more so — to use Section 33. Within months of his inauguration, at least a dozen people had been arrested.
From Facebook Posts to Bus Terminals
Cases have ranged from Facebook posts and WhatsApp forwards to phone calls and shouting in bus terminals. In one notable 2023 case, a man spent nearly a month in jail for allegedly calling Zanu-PF members thieves over the phone.
A Murky Constitutional Picture
The constitutional picture is murky: Zimbabwe's Supreme Court in 2013 found a related criminal defamation law (Section 96) invalid, and in 2016 the Constitutional Court struck it down entirely — but Section 33, the presidential insult law, survived both rulings and remains fully on the books. Rights groups such as ZLHR have repeatedly called for its repeal, arguing it violates Section 61 of Zimbabwe's own Constitution, which guarantees freedom of expression.
Where the story gets it wrong
Popular retellings claim the law also protects 'state symbols' like flags and the coat of arms, but Section 33 specifically targets only the person and office of the President (and Acting President). Separate statutes may cover state symbols, but they are not part of this law.
Some sources claim the presidential insult law was struck down by Zimbabwe's courts, but this conflates Section 33 with Section 96 (criminal defamation), which the Constitutional Court did strike down in 2016. Section 33 remains valid law and continues to be actively enforced.
The law is sometimes dismissed as a Mugabe-era relic, but it predates Mugabe, originating in British colonial law from 1960, and has been used extensively by his successor Mnangagwa. It is not merely a historical curiosity.
Section 33(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] provides that any person who publicly, unlawfully, and intentionally makes a statement about or concerning the President or an Acting President — with the knowledge or realisation that there is a real risk the statement is false and that it may engender feelings of hostility toward, or cause hatred, contempt, or ridicule of, the President or the President's office — shall be guilty of undermining the authority of or insulting the President, and shall be liable to a fine not exceeding level six or imprisonment for a period not exceeding one year, or both. The Act also separately criminalises publishing false statements prejudicial to the state (Section 31), which can carry up to 20 years' imprisonment. The 'state symbols' dimension cited in popular claims is not directly codified under Section 33 but may be prosecuted under adjacent provisions.
- Current status
- Actively Enforced
- Enacted
- January 1, 2004
- Penalty
- Up to 1 year imprisonment and/or a fine not exceeding 'level six' on Zimbabwe's standard scale (equivalent to approximately USD $300 in recent practice)Fine: up to USD300Imprisonment: 1 year
- Jurisdiction
- National law applying throughout Zimbabwe. Prosecutions require the authority of the Attorney General under Section 34 of the same Act.