Legal experts say the crime is to abduct critics, its legal to criticise ED

Lawyers have dismissed the actions of a Zanu PF vigilante outfit calling itself the Zimbabwe Anti-Presidential Criticism as unlawful, after the group circulated a video boasting that it had “arrested” a man for allegedly criticising President Emmerson Mnangagwa.

The man, identified as Anashe Mundandi, is said to be detained at Mbare Police Station, where the group claims to have delivered him. In the video, an unidentified spokesperson — flanked by men wearing dark glasses and ED scarves — insists the group is acting “according to the Constitution.”

Legal experts strongly disagree. Several lawyers who spoke to Zim Now said the group’s actions amount to clear intimidation, with zero legal basis.

“The former ‘Presidential insult’ provision (Section 33 of the Criminal Code) was effectively neutralised by constitutional challenges years ago. Today, criticising the President is protected political expression under Section 61 of the Constitution. There is no law that criminalises insulting or criticising the Head of State,” said one lawyer.

Another legal expert said the incident does not qualify as a lawful citizen’s arrest, and that the vigilante group should instead face charges.

“Citizen’s arrest is only lawful when a person is caught committing a serious criminal offence, or reasonably suspected of one — such as robbery, rape, or murder. Expressing an opinion is not an arrestable offence. Detaining someone for speech is illegal,” the lawyer said.

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A third lawyer said vigilante groups have no place in Zimbabwe’s legal framework.

“Zimbabwean law does not recognise party-aligned militias, political vigilantes, or self-appointed ‘speech police.’ What this group did constitutes unlawful detention, assault, kidnapping, and possibly impersonation of law enforcement,” he said.

He added that the group has no authority to monitor speech, enforce political loyalty, or cause the arrest of citizens exercising their constitutional freedoms. Lawyers also warned that the police risk complicity if they continue to hold a detainee delivered by a non-state outfit without lawful grounds.

This incident comes at a time when public sentiment is firmly against any extension of Mnangagwa’s rule beyond 2028, prompting repeated public denials from the President regarding “2030” succession talk.

Meanwhile, the President’s large-scale car donation blitz — both through state agencies and through businessman Wicknell Chivayo acting as a political proxy — has failed to soften public attitudes. Instead, analysts say it has hardened perceptions against the Second Republic.

Lawyers have now called for Mundandi’s immediate release, a full investigation into the vigilante group, and clarity from the ZRP on how an unlawful arrest ended with a civilian being detained in a police station.

 

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