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Interception of Communications Bill, 2006
This Bill has been
gazetted. Read the Interception
of Communications Bill, 2006 (H.B. 4, 2006)
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of Communications Bill, 2006
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:
Bill’s short title is set out in clause 1. Clause 2 defines the
terms that are used throughout the Bill.
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.
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.
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
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.
of Communications Bill, 2006
Arrangement of Sections
1. Short title.
OF INTERCEPTION AND ESTABLISHMENT OF A MONITORING CENTRE
3. Control of interception.
4. Monitoring centre.
FOR LAWFUL INTERCEPTION OF COMMUNICATIONS
5. Authorised persons to make
an application for interception.
6. Issue of warrant.
7. Scope of warrant.
9. Evidence obtained by unlawful interception not admissible in criminal
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.
PROHIBITIONS AND EXEMPTIONS
15. General prohibitions and
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.
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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