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Interception of Communications Bill, 2006 (H.B. 4, 2006)
May 08, 2007
Note: Originally gazetted Friday 26 May, 2006

This Bill was passed by the House of Assembly on 13th June 2007 and by the Senate on 14th June 2007. It was signed into law by the President and gazetted on 3rd August 2007.

This document reflects the second "new consolidated text" of the Bill. Pursuant to a motion approved by the House of Assembly on Tuesday 8th May 2007, this text has replaced the first new consolidated text of 7th November 2006 (which, also pursuant to a motion approved by the House of Assembly, replaced the original Bill (H.B. 4, 2006)).
Shortly after the adoption of the motion of 8th May 2007, the Speaker announced the receipt of a non-adverse report from the Parliamentary Legal Committee on this latest text.

Veritas has identified certain differences between this text and the previous text (all of them insertions) and indicated them by the use of bold and underlined font. The provisions concerned are clause 2(1) (restoration of the definition of "interception subject" or "target" included in the original Bill but omitted from the first new consolidated text) and clauses 6(1)(a)(ii), 7(1)(a)(ii) and 7(2)(b) (in each case a reference to specific paragraphs of the Ninth Schedule to the Criminal Procedure and Evidence Act [Chapter 9:07] has taken the place of the former reference to the whole of that Schedule.)

To assist the reader in understanding these changes the Third and Ninth Schedules to the Criminal Procedure and Evidence Act are in an annexure to this document.

View the Index of articles on the Interception of Communications Bill

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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 service 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 technical experts designated by the agency.

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 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 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 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.

Part V
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 Administrative Court and the Administrative Court may confirm, vary or set aside the warrant, directive or order appealed against.

Provision is also made for the review by the Attorney-General of the Minister’s exercise of the power to issue warrants under this Act.

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

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. Establishment of monitoring centre.

PART III
APPLICATION FOR LAWFUL INTERCEPTION OF COMMUNICATIONS

5. Authorised persons to apply for warrant of interception.
6. Issue of warrant.
7. Scope of warrant and renewal thereof.
8. Evidence obtained by unlawful interception not admissible in criminal proceedings
9. Assistance by service providers.
10. Duties of telecommunications 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 key holder.

PART IV
POSTAL ARTICLES

14. Application for detention order.
15. Examination and accountability for detained postal articles.

PART V
GENERAL
16. Restriction on disclosure.
17. Disposal of intercept product.
18. Appeals.
19. Review of exercise of Minister’s powers under this Act.
20. Regulations.

PRESENTED BY THE MINISTER OF TRANSPORT AND COMMUNICATIONS

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 11:20].

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