Abstract

This article critically examines the ramifications of the stringent enforcement of restrictive and prohibitive communication surveillance laws and practices, which unjustifiably traduce fundamental human rights and freedoms pertinent to Zimbabwean elections. Based on doctrinal legal research, this article examines how state surveillance, facilitated by laws permitting the monitoring of digital communications, impacts fundamental rights, including freedom of expression, freedom of assembly and the right to privacy. Evidence from Zimbabwe reveals a chilling effect on political participation, where fear of surveillance leads to self-censorship, reduced civic engagement and the erosion of trust among civil society actors. The deployment of spyware and mass surveillance tools, often lacking judicial oversight, has disproportionately targeted human rights defenders, journalists and opposition figures, undermining democratic accountability and electoral integrity. The article argues that the current surveillance regime in Zimbabwe not only contravenes human rights standards but also significantly impairs free and fair elections. It concludes with recommendations for legal reforms, institutional safeguards and advocacy strategies aimed at aligning surveillance laws and practices with democratic principles and human rights obligations.