Weaponising Patriotism: The Criminalisation of Dissent and the Promise of Constitutionalism under Zimbabwe’s 2013 Constitution

Abstract

This article examines the connections among patriotism, elections, criminalisation, and constitutionalism in Zimbabwe. The preamble of the 2013 Constitution emphasises a civic-oriented patriotism rooted in democratic participation, respect for basic rights, and compliance with constitutional standards. However, Zimbabwe’s evolving political landscape reveals a state-constructed version of patriotism that departs markedly from these constitutional ideals. State narratives, largely advanced by the ruling Zimbabwe African National Union–Patriotic Front (ZANU–PF), increasingly equate patriotism with loyalty to the party’s liberation credentials. This framing positions opposition actors, dissenting voices, and critical citizens as ‘unpatriotic’, thereby politicising national belonging and narrowing democratic space. These tensions intensified with the enactment of the Criminal Law (Codification and Reform) Amendment Act of 2023, the so-called ‘Patriotic Act’. The article addresses the following question: while the Patriotic Act is presented as legislation to safeguard national interests and sovereignty, do its broad and ambiguous provisions suppress legitimate political expression? By weaponising patriotism through criminal law, the Act undermines constitutional guarantees of free speech, political pluralism and open electoral participation, ultimately eroding the democratic ethos envisaged by the 2013 Constitution. The article argues that authentic patriotism cannot be legislated, coerced, or enforced through punitive mechanisms. Genuine national loyalty emerges from citizens’ voluntary sense of pride, attachment, and civic trust. To realise the constitutional promise of democratic governance, Zimbabwe must disentangle patriotism from partisan control, refrain from criminalising dissent, and recommit to protecting fundamental rights and electoral freedoms as cornerstones of constitutionalism.