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Suppression of Foreign and International Terrorism Bill, 2006 (HB 1, 2006 - Version 2)
Gazetted 15th December, 2006

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The original Suppression of Foreign and International Terrorism Bill was gazetted on 24th March, 2006 as HB 1, 2006. It received its First Reading in the Senate on the 9th May, 2006, and was referred to the Parliamentary Legal Committee in the normal way. The relevant Parliamentary Portfolio Committee held a public hearing on the Bill, at which members of the public and representatives of civil society expressed their views on the Bill. Before the Parliamentary Legal Committee had reported on the Bill the Parliamentary session ended and the Bill then lapsed, in accordance with Standing Orders.

The present Bill was gazetted on the 15th December, 2006, also (confusingly) as HB 1, 2006. It differs in several respects from the original Bill. The noteworthy differences are to be found in:

• the Preamble (insertion of three new paragraphs);
• clause 2 ("foreign State" instead of "State" in definitions of "foreign or international terrorist activity", "foreign or international terrorist organisation" and "mercenary activity");
• clause 8(2) (deletion of original paragraph (a) casting burden of proof on accused persons, and re-statement of burden of proof on State in conventional "beyond reasonable doubt" terms);
• and clauses 9 and 10 (which now refer only to designated foreign or international organisations).

In the text the new material is indicated by use of bold font.

Suppression of Foreign and International Terrorism Bill, 2006

MEMORANDUM

The phenomenon of terrorism that is waged on an international scale is not adequately addressed by our existing laws. Nor is the problem of mercenaries covered in our legislation. Accordingly, this Bill will provide for the suppression of foreign and international terrorism, including mercenary activity. The following is a clause-by-clause analysis of the Bill:

Clause 1
This clause sets out the Bill's short title.

Clause 2
This clause defines terms used throughout the Bill.

Clause 3
This clause will provide for the punishment of persons who engage in foreign or international terrorist activity.

Clauses 4 to 6
Clauses 4 to 6 will make it an offence to undergo training for foreign or international terrorism, to recruit persons to undergo such training, or to possess weaponry that will be used for the purposes of foreign or international terrorist activity. The maximum penalty for these offences will be life imprisonment.

Clause 7
Under this clause it will be an offence knowingly to harbour or conceal a foreign or international terrorist or to fail to report such terrorist within 72 hours of becoming aware of his or her presence in Zimbabwe. The maximum penalties for these offences will be a fine of level 14 or ten years' imprisonment or both, in the case of harbouring or concealing a foreign or international terrorist, and a fine of level 10 or five years' imprisonment or both for failing to report one or failing to disclose such a terrorist's presence upon being questioned by an official.

Clause 8
This clause provides for the designation of specific foreign or international terrorist organisations. The provisions of the Unlawful Organizations Act [Chapter 11:13] will apply to organisations so designated..

Clause 9
This clause provides for the punishment of persons promoting, directing or belonging to designated foreign or international terrorist organisations.

Clause 10
This clause provides for the punishment of persons soliciting support for designated foreign or international terrorist organisations.

Clause 11
This clause provides for the punishment of persons supplying weaponry to foreign or international terrorists or terrorist organisations. The maximum penalty for this offence will be life imprisonment.

Clause 12 and 13
These clause will punish persons who provide other forms of direct assistance to foreign or international terrorists or terrorist organisations.

Clause 14
This clause provides for the extra-territorial application of sections 3, 4, 5, 6, 9, 10, 11, 12 and 13.

Clause 15
This clause applies certain provisions of the Public Order and Security Act [Chapter 11:17] to this Bill.

Clause 16
This clause applies the provisions of the Bank Use Promotion and Suppression of Money Laundering Act [Chapter 24:24] and the Serious Offences (Confiscation of Profits) Act [Chapter 9:17] to property used for foreign or international terrorist purposes.

Clause 17
This clause provides for the Minister to make regulations required or permitted to be prescribed under the Bill or which, in his or her opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Bill, including regulations implementing measures adopted by United Nations Security Council for the suppression of foreign or international terrorism.

Clause 18
This clause will repeal the Foreign Subversive Organisations Act [Chapter 11:05], whose provisions are substantially incorporated in this Bill.

Suppression of Foreign and International Terrorism Bill, 2006

Arrangement of Sections

PART I
PRELIMINARY

Section

1. Short title and date of commencement.
2. Interpretation.

PART II
FOREIGN OR INTERNATIONAL TERRORIST ACTIVITY AND RELATED OFFENCES
3. Engaging or participating in foreign or international terrorist activity.
4. Training as foreign or international terrorist.
5. Recruiting or training foreign or international terrorists.
6. Possessing weaponry for the purposes of foreign or international terrorist activity.
7. Harbouring, concealing or failing to report foreign or international terrorist.

PART III
FOREIGN OR INTERNATIONAL TERRORIST ORGANISATIONS
8. Identification of foreign or international terrorist organisations.
9. Promoting, directing or belonging to designated foreign or international terrorist organisations.
10. Soliciting support for designated foreign or international terrorist organisations.

PART IV
ASSISTING FOREIGN OR INTERNATIONAL TERRORISTS AND TERRORIST ORGANISATIONS
11. Supplying weaponry to foreign or international terrorists or terrorist organisations.
12. Collection or supplying of information for purposes of foreign or international terrorist activity.
13. Materially assisting foreign or international terrorists or terrorist organisations.

PART V
GENERAL
14. Extra-territorial application of sections 3, 4, 5, 6, 9, 10, 11 and 13.
15. Application of certain provisions of Part VI of Cap.11:17.
16. Application of Cap. 9:17 and Cap. 24:24 to property referred to in section 13.
17. Regulations.
18. Repeal of Cap.11:17.

Presented by the Minister of Home Affairs

BILL

To provide for the suppression of foreign and international terrorism, including mercenary activities; to repeal the Foreign Subversive Organisations Act [Chapter 11:05]; and to provide for matters connected therewith or incidental thereto.
WHEREAS in 1989 the United Nations adopted the Convention against the Recruitment, Use, Financing and Training of Mercenaries;
AND WHEREAS in 1992 Zimbabwe signed and ratified the Organisation of African Unity Convention for the Elimination of Mercenarism in Africa;
AND WHEREAS in 1999 the Organsation of African Unity adopted the Convention on Prevention and Combating of Terrorism;
AND WHEREAS terrorist and related activities are an interantional problem, which can only be effectively addressed by means of international co-operation;
AND WHEREAS it is necessary to make provision in the domestic law of Zimbabwe for the suppression of foreign and international terrorism, including, or in addition to, mercenarism;
AND WHEREAS, notwithstanding any provision of this Act or any other law, Zimbabwe recognises that any act committed during a struggle waged by peoples, including any action during an armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence against colonialism, or occupation or aggression or domination vy alien or foreign forces, in accordance with the principles of international law, especially international humanitarian law, including the purposes and principles of the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the said Charter, shall not, for any reason, including for the purposes of extradition or prosecution, be considered a terrorist activity;
NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows—

1 Short title and date of commencement
(1) This Act may be cited as the Suppression of Foreign and International Terrorism Act [Chapter 11:21].
(2) This Act shall come into operation on a date to be fixed by the President by statutory instrument.
Provided that the President may fix different dates of commencement for different provisions of this Act.

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