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Interception of Communication Bill could devour its own architects
Bornwell Chakaodza
September 07, 2006

http://www.fingaz.co.zw/story.aspx?stid=1474

IN January 2002 we created a monster called the Public Order and Security Act (POSA), marking the commencement of a determined assault on constitutional freedom of speech and association.

This was then immediately followed by the creation of another monster in the enactment of the Access to Information and Protection of Privacy Act (AIPPA) in March 2002 which dealt one of the greatest blows to freedom of expression and press freedom that both pre-independent and post-independent Zimbabwe has ever seen.

Now we are saddled with yet another monster – the Interception of Communication Bill which is currently before parliament.

What will it take to stop the insanity of these laws?

How tragic to see that the terrible legacy of Rasputin Jonathan Moyo lives on!

All Zimbabweans were in peril because of Rasputin Moyo. And we continue to be even after he has left.

Certainly in the context of the succession race, no one is safe.

I think it is important to ask the question: Why this undemocratic Bill at this point in time?

Of course, it is a further attempt by the ruling ZANU PF government to exert a stranglehold on those perceived to be in opposition to the government and its policies. But a different faction within Zanu PF: beware! The Bill if passed (God forbid!) could devour its own children.

It is important to isolate the basic tenets of this Bill.

The Bill proposes to establish a monitoring centre or agency for the sole purpose of authorized monitoring and interception of any communication within the country or inter-state.

It is proposed in the Bill that the Minister of Transport and Communications will have the power to issue an interception warrant on application by persons authorized to apply for a warrant of search namely; the Chief Of Defense Intelligence, Police Commissioner, the Director-General in the President’s Office’s Department responsible for Security and the Commissioner– General of the Zimbabwe Revenue Authority.

The Bill also stipulates that no court of law shall accept as evidence where such evidence has been obtained by means of interception committed in contravention of the proposed law.

If this is not usurping the function of the courts, then I do not know what would be.

And we happen to know that the Police and the Defense Forces at the moment are not accountable to the people of Zimbabwe but to the ruling Zanu PF.

In a clear case of the minister being a player and referee at the same time, the Bill says that any person who may be aggrieved by a warrant, directive or order issued to or by the authority, authorized person or agency may appeal to the Minister. A person would be appealing to the same person who would have issued the interception of phone conversations, faxes and e-mails.

The mind boggles!

The Bill goes further to say though that if an aggrieved person is not satisfied with the decision of the Minister, he or she may appeal to the Administrative Court.

This scenario is a nightmare given what happened in 2004 in a case between the Associated Newspapers of Zimbabwe and the then Minister of Information and Publicity in the President’s office and others.

That case clearly demonstrated the extent to which the doctrine of the "rule of law" in this country was subverted to the "rule by law"!

Indeed it is worth putting these things into some kind of perspective.

There appears to be a pattern and logic behind all these draconian laws ever since the Zimbabwean crisis broke out six years ago. I have always believed that events should not be seen or presented as isolated, accidental or superficial occurrences. No.

They are invariably grounded in a much deeper political and social process.

The Interception Of Communication Bill is but the latest in a series of undemocratic pieces of legislation clearly designed to control and manipulate public opinion thereby reducing democratic space and severely limiting freedom of expression.

The similarities between this proposed Bill and its earlier cousins AIPPA and POSA are so glaring that one can only describe them as identically different!

It is not for nothing that we are witnessing a spirited but as usual misplaced defense of this Bill from Tafataona Mahoso.

He is obviously singing for his supper.

But more important, the two laws have in them two all powerful government-appointed bodies or agencies which have quasi-judicial and investigative powers which usurp the functions of the courts and police respectively and which allow them to unjustifiably and unconstitutionally intrude in the affairs of media houses and the generality of Zimbabweans.

In Bill form, the late national hero Eddison Zvobgo (God bless his soul) representing the Parliamentary Legal Committee described the Access to Information and Protection of Privacy Act (AIPPA) as "the most determined and calculated assault on our political and civil liberties".

I can hear him beyond the grave saying exactly the same words about this Interception of Communication Bill.

Section 20 of the Constitution of Zimbabwe guaranties freedom of expression, freedom to receive and impart ideas without interference with one’s correspondence.

But it is one thing to commit democratic niceties to paper, quite another to implement them in practice.

By paying lip service to its own constitution through these repressive laws, Zimbabwe remains the most notable example in the region of lack of freedom of expression.

The enforcement of POSA and AIPPA and now this Interception Of Communication Bill has and will greatly contribute to the denial of freedom of expression and they continue to further impede the free flow of information to the public inside and outside Zimbabwe.

Zimbabweans continue to be dismayed by the directions in which Zanu PF is taking us.

It is indeed an irony that at a time when the whole world is moving in the direction of universal values of democracy and freedom of expression, the government of Zimbabwe is setting the clock back.

How many times have people of goodwill said that we need in Zimbabwe now, as a condition of our survival, a global outlook and constructive engagement with both East and West, North and South.

Technology and democracy – these are some of the major themes of this decade and they inter-react.

The internet has opened up a whole new world.

As we are now in the throes of internet and satellite communication, it is going to be very difficult to keep private information private.

In deed, the internet makes State control of information very difficult if not impossible.

Even in free countries, citizens have new powers to communicate with each other and about their rulers. It is not in the long-term interest of the government to suppress opinions and ideas.

Long experience has taught us that it is foolish for any government to imagine that it can pretend to do so.

It does however raise grave constitutional issues when governments attempt to use software filters to restrict freedom of expression.

National interest and security are not the preserve of the ruling party.

The defenders of this Bill are saying that it is necessary "in the interest of the protection of national interest and security".

Yes indeed but there must be a clear distinction between national interest and a political party in power.

Zimbabwe does not translate itself to Zanu PF. The country is much bigger than the ruling party.

As someone once said: "Freedom of speech cannot be rationed. It cannot be dispensed piecemeal. Rather it is a single entity that belongs to all".

Comparisons with other countries are not helpful because different countries have different contexts and political climates.

The key point that needs to be made is that any law must be demonstrably and reasonably justified in a democratic society. Like its earlier cousins POSA and AIPPA, which are still on the statute books, the Interception of Communication Bill is not.

Over and above this, this Bill is imprecise and is worded in a confusing way and provides grounds for misunderstanding and confusion.

We would rather clean them all out – for Zimbabwe’s sake!

*Bornwell Chakaodza is former editor of The Standard. He can be contacted at borncha@mweb.co.zw

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