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of Foreign and International Terrorism Bill, 2006 (HB 1, 2006 -
the Act - 5/2007
the original version of this Bill
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PDF version (76KB)
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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.
Bill was gazetted on the 15th December, 2006, also (confusingly)
as HB 1, 2006. It differs in several respects from the original
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
- 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.
of Foreign and International Terrorism Bill, 2006
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:
This clause sets out the Bill's short title.
This clause defines terms used throughout the Bill.
This clause will provide for the punishment of persons who engage
in foreign or international terrorist activity.
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.
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.
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
This clause provides for the punishment of persons promoting, directing
or belonging to designated foreign or international terrorist organisations.
This clause provides for the punishment of persons soliciting support
for designated foreign or international terrorist organisations.
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.
12 and 13
These clause will punish persons who provide other forms of direct
assistance to foreign or international terrorists or terrorist organisations.
This clause provides for the extra-territorial application of sections
3, 4, 5, 6, 9, 10, 11, 12 and 13.
This clause applies certain provisions of the Public Order and Security
Act [Chapter 11:17] to this Bill.
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.
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.
This clause will repeal the Foreign Subversive Organisations Act
[Chapter 11:05], whose provisions are substantially incorporated
in this Bill.
of Foreign and International Terrorism Bill, 2006
1. Short title
and date of commencement.
FOREIGN OR INTERNATIONAL TERRORIST ACTIVITY AND RELATED OFFENCES
3. Engaging or participating in foreign or international terrorist
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
7. Harbouring, concealing or failing to report foreign or international
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.
ASSISTING FOREIGN OR INTERNATIONAL TERRORISTS AND TERRORIST ORGANISATIONS
11. Supplying weaponry to foreign or international terrorists or
12. Collection or supplying of information for purposes of foreign
or international terrorist activity.
13. Materially assisting foreign or international terrorists or
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.
18. Repeal of Cap.11:17.
the Minister of Home Affairs
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
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
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—
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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