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Interception of Communications Bill presented
The Herald (Zimbabwe)
July 27, 2006

http://www1.herald.co.zw/inside.aspx?sectid=6663&cat=1&livedate=7/27/2006

THE Interception of Communications Bill, which seeks to provide for the interception and monitoring of certain communications in the course of their transmission through telecommunications or postal service, was yesterday presented in the House of Assembly.

Two other Bills, the Domestic Violence Bill and the Petroleum Bill were also presented in the House.

They were all referred to the Parliamentary Legal Committee for scrutiny on whether their provisions are in line with the Constitution.

The Interception of Communications Bill proposes to establish a monitoring centre or agency, which shall be the sole facility through which authorised interceptions shall be effected.

It shall be controlled and operated by technical experts designated by the envisaged agency.

Persons authorised to make applications for interception of communications include the Chief of the Defence Intelligence, the Director-General of the Department of National Security, Police Commissioner and the Zimbabwe Revenue Authority Commissioner-General.

The Minister of Transport and Communications will be empowered to issue an interception warrant to authorised persons where there are reasonable grounds for the minister to believe that a serious offence has been or will probably be committed or that there is a threat to national security.

The warrant issued by the minister shall be valid for a period not exceeding three months and must specify the name and address of an interception target.

No court shall accept as evidence where such evidence has been obtained by means of interception committed in contravention of the proposed law.

Furthermore, a telecommunication service provider is required to install hardware and software facilities and devices to enable interception of communications.

The telecommunications service can store communications related information and devise how the service can be connected to the communication monitoring centre.

The service provider shall be assisted or compensated for the assistance provided to the monitoring centre.

There are also provisions for the application procedures for the detention of any suspicious postal article in which an authorised person may apply to the minister for a detention of such postal article.

However, the authorised person is required to destroy intercepted material as soon as possible after use.

Any person who may be aggrieved by a warrant, directive or order issued by the Postal and Telecommunications Authority or monitoring centre may appeal to the minister who may confirm, vary or set aside the warrant, directive or order appealed against.

If an aggrieved person is not satisfied with the decision of the minister, he or she may appeal to the Administrative Court.

The minister will be empowered to make regulations providing for all matters required by the proposed legislation to be prescribed or which in the minister's opinion, are necessary or convenient.

The Petroleum Bill seeks to provide for the establishment of the Petroleum Regulatory Authority that will issue licences and regulate the petroleum industry.
Other functions of the authority would include ensuring the provision of sufficient petroleum products for domestic use.

The Domestic Violence Bill provides for protection and relief to victims of domestic violence.

It seeks to afford victims of domestic violence maximum protection through introduction of measures, which ensures that relevant State organs give full effect to the provisions of the proposed law.

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