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of Communications Bill, 2006 (H.B. 4, 2006)
May 26, 2006
Gazetted Friday 26 May, 2006
note: This Bill has been replaced by a new
consolidated text pursuant to a motion approved by the House
of Assembly on Tuesday 7th November, 2006
the Index of articles on the Interception of Communications Bill
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Interception of Communications Bill,
The purpose of this
Bill is to establish an interception of communications 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 telecommunications, postal or any other related
service system. In more detail the Bill provides as follows:
The Bill's short title is set out in clause 1. Clause 2 defines the terms
that are used throughout the Bill.
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 technical experts designated by the agency.
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 on 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 of an interception target. 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 the 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 application procedure for the detention
of any suspicious postal article. An authorised person may apply to the
Minister for a detention order to detain and examine the postal article
where the authorised person has reasonable grounds to suspect that the
postal article contains anything in respect of which an offence or attempted
offence is being committed.
This Part will provide for the general restrictions on disclosure of any
information which an individual may have obtained in the exercise of his
or her duties in terms of this Act. The authorised person is also required
to destroy as soon as possible after use any intercepted material.
Any person who may be aggrieved by a warrant, directive or order issued
to or by the Authority, authorised person or the agency may appeal to
the Minister and the Minister 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 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.
of Communications Bill, 2006
Arrangement of Sections
1. Short title.
CONTROL OF INTERCEPTION AND ESTABLISHMENT OF A MONITORING CENTRE
3. Control of interception.
4. Establishment of monitoring centre.
APPLICATION FOR LAWFUL INTERCEPTION OF COMMUNICATIONS
5. Authorised persons
to apply for warrant of interception.
6. Issue of warrant.
7. Scope of warrant.
8. Evidence obtained by unlawful interception not admissible in criminal
9. Assistance by service providers.
10. Duties of telecommunication service provider in relation to customer.
11. Notice of disclosure of protected information.
12. Interception capability of telecommunication service.
13. Compensation payable to service provider or protected information
14. Application for
15. Examination and accountability for detained postal articles.
16. Restriction on disclosure.
17. Disposal of intercept product.
BY THE MINISTER OF TRANSPORT AND COMMUNICATIONS
provide for the lawful interception and monitoring of certain communications
in the course of their transmission through a telecommunication,
postal or any other related service or system in Zimbabwe; to provide
for the establishment of a 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.
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