Back to Index
Law Amendment (Protection of Power, Communications and Water Infrastructure)
June 04, 2010
97 version (153KB)
PDF version (211KB)
If you do not have the free Acrobat reader
on your computer, download it from the Adobe website by clicking
LAW AMENDMENT (PROTECTION OF POWER, COMMUNICATIONS AND WATER INFRASTRUCTURE)
is a prevalence of crimes prejudicing the vital economic interests
of Zimbabwe, not least among them the vandalisation and theft of
equipment, apparatus and material essential to the provision of
electricity, telecommunication, broadcasting and railway services.
With a view to combating the degradation of our communications and
power infrastructure caused by such activities, this Bill seeks
to amend the Criminal
Procedure and Evidence Act [Chapter 9:07], the Postal and Telecommunications
Act [Chapter 12:05] (No. 4 of 2000), the Broadcasting
Services Act [Chapter 12:06] (No. 3 of 2001), Railways Act [Chapter
13:09] and the Electricity Act [Chapter 13:19] (No. 4 of 2002) and
the Water Act [Chapter 20:24]. In more detail, the individual sections
of the Bill provide as follows:
clause sets out the Bill’s short title.
This clause seeks to amend the Fifth and Ninth Schedules to the
Criminal Procedure and Evidence Act.
This Fifth Schedule forbids a police officer of whatever rank to
grant bail to accused persons for certain specified offences. The
purpose of this amendment is to specify the additional offences
referred to in the Ninth Schedule as amended by this Bill.
The Ninth Schedule specifies offences which constitute “serious
economic crimes”, in connection with which the Attorney-General
may authorise the pre-trial detention of offenders for up to 21
days without possibility of bail. The amendment sought by paragraph
(b) of this clause will add to the list of offences there mentioned
certain of the offences created by this Bill in relation to Postal
and Telecommunications Act, the Broadcasting Services Act, the Railways
Act, the Electricity Act and the Water Act.
This clause seeks to amend the Postal and Telecommunications
Act in several respects.
Firstly, it proposes to replace section 89 (creating offences in
connection with wilful damage to or interference with telecommunication
lines) of the Act by a more comprehensive and deterrent penal provision
to bring it into line with similar offences in the Electricity and
Railways Acts. The latter offences impose mandatory prison terms
for wilful damage to and theft of material essential to the functioning
of electricity and railway infrastructure.
Secondly, a new special power of citizen’s arrest of persons
engaged in wilfully damaging or interfering with telecommunication
lines is included in the new section 89A. This is similar to the
power already contained in section 39 of the Railways Act.
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.