Published by the government of Zimbabwe
13 June 2007
Harare — THE Interception of Communications Bill that seeks to provide for lawful interception of communications was yesterday read for the second time in the House of Assembly after a heated debate between Zanu-PF and MDC legislators.
The ruling party lawmakers supported the consolidated text of the proposed law while those from the opposition opposed it.
The House had to be divided on whether the Bill should be read for the second time, with 31 Zanu-PF legislators voting in favour while 18 from MDC voted against.
In his second reading speech, Transport and Communications Minister Cde Christopher Mushohwe said the proposed law was crucial in view of the advancement in information technology that posed a threat to national security.
He said in drafting the Bill, consideration had been taken in balancing individual rights as enshrined in the Constitution and the national interest.
Cde Mushohwe said currently, there was no legal instrument authorising for the lawful interception of communications and this was open to abuse hence the need for a legal framework.
The minister said such legislation was not peculiar to Zimbabwe alone as other countries such as the United States, the United Kingdom and South Africa had similar statutes.
"These are countries which are regarded as the beacons of democracy," Cde Mushowe said.
He said the consolidated Bill had taken on board a number of contributions by various stakeholders.
Under the proposals, an interception of communication monitoring centre will be established.
Persons authorised to make applications for the interception of communications include the chief of defence intelligence, director-general of the President's department of national security, Commissioner of the Zimbabwe Republic Police and Zimbabwe Revenue Authority Commissioner General.
The Minister of Transport and Communications will be mandated with issuing a warrant to authorised persons where there are reasonable grounds for the minister to believe that a serious offence has been or is being committed or that there is a threat to national security.
Telecommunication providers will be required to install hardware and software facilities to enable the interception of communication.
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. The court may confirm, vary, or set aside the warrant, directive or order appealed against.
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