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DRAFT Interception of Communications Bill, 2006
April 2006

This Bill has been gazetted. Read the Interception of Communications Bill, 2006 (H.B. 4, 2006)

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DRAFT

Interception of Communications Bill, 2006

MEMORANDUM

The purpose of this Bill is to establish an interception of communication monitoring centre and for the appointment of persons to that centre whose function shall be to monitor and intercept certain communications in the course of their transmission through a telecommunication, postal or any other related services system. In more detail the Bill provides as follows:

PART I
The Bill’s short title is set out in clause 1. Clause 2 defines the terms that are used throughout the Bill.

PART II
This Part will establish a monitoring centre which shall be the sole facility through which authorised interceptions shall be effected. The centre shall be controlled and operated by designated technical experts.

PART III
The persons who are authorised to make applications for interception of communications include the Chief of the Defence Intelligence, the Director-General of the President’s department of national security, the Commissioner of the Zimbabwe Republic Police and the Commissioner-General of the Zimbabwe Revenue Authority. Under this Part the Minister is authorised to issue an interception warrant to authorised persons where there are reasonable grounds for the Minister to believe (among other things) that a serious offence has been or is being or will probably be committed or that there is threat to safety or national security of the country. The warrant issued by the Minister shall be valid for a period not exceeding three months and must specify the name and address to which the interception shall take place. Any communication which has been intercepted in terms of any warrant shall not be disclosed to any other person with the exception where the information may be required in any proceedings in any court. No court shall accept as evidence where such evidence has been obtained by means of any interception committed in contravention of this Act. Furthermore a telecommunication service provider is required to install hardware and software facilities and devices to enable interception of communications and also that the telecommunication service can store communication-related information and how the service could be connected with the communication monitoring centre or the manner in which information can be re-routed to the monitoring centre. The telecommunication service provider shall be assisted or compensated for the assistance he or she may provide to the Authority or the monitoring centre.

PART IV
This Part will provide for the general prohibitions and exemptions from disclosure of any information which an individual may have obtained in the exercise of his or her duties in terms of this Act. Only authorised persons who execute an interception or assist with the execution of any intercepted communication may disclose such contents to the extent that such disclosure is necessary for the proper performance of the official duties of the authorised person. The authorised person is also required to destroy as soon as possible after use any intercepted material. Authorised persons may also make applications to the for a detention order to detain any postal article where the authorised person has reasonable suspicion that that article in the custody of a licensee contains anything in respect of which an offence or attempted offence is being committed.

Any person who may be aggrieved by a decision made by the Authority, authorised person may appeal to the Minister and the Minister may confirm, vary or set aside the decision appealed against. If an aggrieved person is not satisfied with the decision of the Minister, he or she may appeal against it to the Administrative Court.

The Minister under this Part is empowered to make regulations providing for all matters which by this Act are required to be prescribed or which in his opinion, are necessary or convenient to be prescribed.

DRAFT

Interception of Communications Bill, 2006

Arrangement of Sections

PART I
PRELIMINARY

Section

1. Short title.
2. Interpretation.

PART II
CONTROL OF INTERCEPTION AND ESTABLISHMENT OF A MONITORING CENTRE

3. Control of interception.
4. Monitoring centre.

PART III
APPLICATION FOR LAWFUL INTERCEPTION OF COMMUNICATIONS

5. Authorised persons to make an application for interception.
6. Issue of warrant.
7. Scope of warrant.
8. Nondisclosure
9. Evidence obtained by unlawful interception not admissible in criminal proceedings.
10. Assistance by postal and telecommunications service providers
11. Duties of telecommunication service provider and customer.
12. Notice of disclosure of information protected by security key.
13. Interception capability of telecommunication service.
14. Compensation payable to postal service provider or telecommunication service provider or protected information key holder.

PART IV
GENERAL PROHIBITIONS AND EXEMPTIONS

15. General prohibitions and exemptions.
16. Disclosure of information by authorised persons.
17. Disposal of intercept product.
18. Application for a detention and examination order.
19. Examination and accountability for detained postal articles.
20. Appeals.
21. Regulations

DRAFT BILL

To provide for the lawful interception and monitoring of certain communications in the course of its transmission through a telecommunication, postal or any other related service or system in Zimbabwe; to provide for the establishment of the monitoring centre; and to provide for any other matters connected with or incidental to the foregoing.

ENACTED by the President and the Parliament of Zimbabwe.

1 Short title
This Act may be cited as the Interception of Communications Act [Chapter ].

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