COLLECTION OF REPRESSIVE LAWS

Public Order and Security Act (POSA)

Access to Information and Protection of Privacy Act (AIPPA)

Criminal Procedure and Evidence Act (The Code)

Broadcasting Services Act (BSA)

Labour Act

Miscellaneous Offences Act (MOA

Suppression of Foreign and International Terrorism Bill   [new version]  [H.B. 1, 2006]

Interception of Communications Bill [H.B. 4, 2006] Gazetted on 26th May 2006. 

Summary:    The purpose of this Bill is to establish an interception of communications 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. 

The Centre will be manned by technical experts designated by the Government Telecommunications Agency.  It will be the sole facility through which authorised interceptions will be effected, and will give technical advice to authorised persons and service providers.   Telecommunication service providers will have to ensure that their systems are capable of supporting lawful interceptions.  They will be obliged, at their own expense, to acquire the facilities and devices necessary to provide an interception capability meeting the requirements specified by the Postal and Telecommunications Authority.  There is, however, some provision for compensation to service providers for assistance in the execution of warrants. 

The Bill provides for interception of both telecommunications and postal articles.  Interception will be permitted only if authorised by a warrant (telecommunications) or detention order (postal articles) issued by the Minister of Transport and Communications on application by an "authorised person".  Authorised persons are the Commissioner of Police, the Chief of Defence Intelligence, the Director-General of the CIO and the Commissioner-General of the Zimbabwe Revenue Authority or their nominees. 

Interceptions not authorised in terms of the Act will attract criminal penalties (unless the interceptor has the consent of the person to whom or by whom the communication is sent or, in the case of a telecommunication, is a party to it).  Evidence obtained by an interception in breach of the Act will not be admissible in criminal proceedings except with the leave of the court.

Warrants for interception of telecommunications may be issued only if there are reasonable grounds for believing a "serious offence" (a defined term that is extremely wide) has been is being committed or that information gathering is necessary concerning threats to national security or a compelling national economic interest. Detention orders for postal articles may be issued on even wider grounds.  There are provisions for appeals by any person aggrieved by a warrant, directive or order issued to or by (sic) the Postal and Telecommunications Authority, an authorised person or the Government Telecommunications Agency.  The initial appeal is to the Minister, with a further appeal to the Administrative Court against the Minister's decision. (Courtesy VERITAS electronic version of the law is in the Repressive Legislation Folder)