“access” means the technical ability to interface with a communications facility such as a telecommunications line or switch to enable the interception of any communication carried on at that facility;

“agency” means the government telecommunications agency comprising telecommunications experts which has been designated to operate the monitoring facility and which gives technical directions to service providers so as to ensure compliance with the provisions of this Act;

“Authority” means the Postal and Telecommunications Authority established by section 3 of the Postal and Telecommunications Act [Chapter 12:05] (No. 4 of 2000);

“authorised person” means a person referred to in section 5;

“call” means any connection, fixed or temporary, capable of transferring information between two or more users of a telecommunications system;

“call-related information” includes switching, dialling or signalling information that identifies the origin, destination, termination, duration and equipment identification of each communication generated or received by a customer or user of any equipment, facility or service provided by a service provider and, where applicable, the location of the user within the telecommunications system;

“customer” means

“detention order”, means an order to detain a postal article issued in terms of section 14;

“identity document” has the meaning given to that term by section 32(1) of the Public Order and Security Act [Chapter 11:17] (No. 1 of 2002);

“intercept”, in relation to any communication which is sent

“interception interface” means the physical location within the service provider’s telecommunications facilities where access to the intercepted communication or call-related information is provided;

“interception subject” or “target” means the person whose communications are to be or are being intercepted;

“key” means a numeric code or other means by which information is encrypted;

“Minister” means the Minister of Transport and Communications or any other Minister to whom the President may from time to time assign the administration of this Act;

“monitoring centre” means a central monitoring apparatus designated to be the monitoring facility through which all the intercepted communications and call-related information of a particular interception target are forwarded to an authorised person;

“national security of Zimbabwe” includes matters relating to the existence, independence and safety of the State;

“organised criminal group” means a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious offences in order to obtain, directly or indirectly, a financial or other material benefit;

“party”, in relation to a communication, means a person whose access to the communication is or might reasonably be known by all other parties;

“protected information” means information that is encrypted by means of a key;

“serious offence” means conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty;

“service provider” means the provider of a postal service or telecommunication service;

“warrant” means a warrant issued in terms of section 6.

(a) intercept any communication in the course of its transmission by means of a telecommunication system or radiocommunication system unless

(b) intercept any communication in the course of its transmission through the post unless

(a) authorised persons; and

(b) to service providers;

(a) the Chief of Defence Intelligence or his or her nominee;

(b) the Director-General of the President’s department responsible for national security or his or her nominee;

(c) the Commissioner of the Zimbabwe Republic Police or his or her nominee;

(d) the Commissioner-General of the Zimbabwe Revenue Authority or his or her nominee.

(a) the person or customer, if known, whose communication is required to be intercepted; and

(b) the service provider to whom the direction to intercept the communication must be addressed, if applicable; and

(c) the nature and location of the facilities from which, or the place at which, the communication is to be intercepted, if known; and

(d) full particulars of all the facts and circumstances alleged by the applicant in support of his or her application; and

(e) whether other investigative procedures have been applied and have failed to produce the required evidence, or the reason why other investigative procedures appear to be unlikely to succeed if applied, or whether they involve undue risk to the safety of members of the public or to those wishing to obtain the required evidence:

Provided that this paragraph shall not apply to an application for the issuing of a warrant in respect of a serious offence;

(f) the period for which the warrant is required to be issued; and

(g) the basis for believing that communication relating to the ground on which the application is made will be obtained through the interception; and

(h) any other information which may be required by the Minister for the Minister to make an appropriate decision.

(a) any of the following offences has been or is being or will probably be committed

(b) the gathering of information concerning an actual threat to national security or to any compelling national economic interest is necessary; or

(c) the gathering of information concerning a potential threat to public safety or national security is necessary.

(a) upon an application being made in terms of this Part, issue instead of a warrant any directive to a service provider not involving any interception or monitoring of communications; or

(b) after a warrant has been issued, amend or revoke the warrant.

(a) subject to subsection (2), be valid for such period not exceeding three months as may be specified therein but may, for good cause shown by the authorised person, be renewed for a period not exceeding three months

(b) specify the name and address of the interception subject and the manner of interception;

(c) order the service provider to strictly comply with such technical requirements as may be specified by the agency to facilitate the interception;

(d) specify the apparatus and other means that are to be used for identifying the communication that is to be intercepted;

(e) contain any other necessary details relating to the interception target.

(a) by the Minister in consultation with the Attorney-General in respect of a serious offence by an organised criminal group or for a purpose specified in section 6(1)(b) or (c);

(b) by the Administrative Court upon an ex parte application by the authorised person concerned, in respect of an offence referred to in the Third Schedule or in paragraph 1, 2, 3, 4, 5, 6, 7 or 8 of the Ninth Schedule to the Criminal Procedure and Evidence Act [Chapter 9:07].

(a) its postal or telecommunications systems are technically capable of supporting lawful interceptions at all times in accordance with section 12;

(b) it installs hardware and software facilities and devices to enable interception of communications at all times or when so required, as the case may be;

(c) its services are capable of rendering real time and full time monitoring facilities for the interception of communications;

(d) all call-related information is provided in real-time or as soon as possible upon call termination;

(e) it provides one or more interfaces from which the intercepted communication shall be transmitted to the monitoring centre;

(f) intercepted communications are transmitted to the monitoring centre via fixed or switched connections, as may be specified by the agency;

(g) it provides access to all interception subjects operating temporarily or permanently within their communications systems, and, where the interception subject may be using features to divert calls to other service providers or terminal equipment, access to such other providers or equipment;

(h) it provides, where necessary, the capacity to implement a number of simultaneous interceptions in order

(i) all interceptions are implemented in such a manner that neither the interception target nor any other unauthorised person is aware of any changes made to fulfil the warrant.

(a) the person’s full name, residential address, business address and postal address and his or her identity number contained in his or her identity document;

(b) in the case where the person is a business organisation, its business name and address and the manner in which it is incorporated or registered;

(c) any other information which the telecommunication service provider deems necessary for the purpose of enabling it to comply with this Act.

(a) that a key to any protected information is in the possession of any person; and

(b) that the imposition of a disclosure requirement in respect of the protected information is necessary

and

(c) that the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition; and

(d) that it is not reasonably practicable for the authorised person to obtain possession of the protected information in an intelligible form without giving the notice under this section;

(a) be in writing; and

(b) describe the protected information to which the notice relates; and

(c) specify why the protected information is required; and

(d) specify a reasonable time by which the notice is to be complied with; and

(e) set out the disclosure that is required by the notice and the form and manner in which it is to be made.

(a) the person giving the notice; or

(b) such other person as may be specified in or under the notice.

(a) use any key in his or her possession to provide access to the information;

(b) in providing such information, make a disclosure of the information in an intelligible form.

(a) it shall not be necessary for purposes of complying with the notice for the person given notice to disclose any keys in addition to those the disclosure of which, alone, are sufficient to enable the authorised person to obtain access to the protected information and to put it in an intelligible form;

(b) the person given notice may select which of the keys or combination of keys may be used for complying with the notice.

(a) has been in possession of any key to the protected information, but no longer possesses it; and

(b) has information that will facilitate the obtaining or discovery of the key to protected information;

(a) use the key only in respect of the protected information, and in the manner and for the purposes specified in the notice; and

(b) on or before the expiry of the period or extended period for which the notice has been issued, destroy all records of the disclosed key if, in the opinion of the authorised person

(a) provide a telecommunication service which has the capability to be intercepted; and

(b) store call-related information in accordance with a directive issued under subsection (2).

(a) the manner in which effect is to given to subsection (1) by every telecommunication service provider; and

(b) the security, technical and functional features of the facilities and devices to be acquired by every telecommunication service provider to enable

and

(c) the period within which the directive must be complied with.

(a) the capacity and technical features of the devices or systems to be used for interception purposes;

(b) the connectivity of the devices or systems to be used for interception purposes with the monitoring centre;

(c) the manner of routing intercepted information to the monitoring centre;

(d) any other relevant matter which the Authority deems necessary or expedient.

(a) enabling

and

(b) complying with section 9;

(a) the forms of assistance given by a service provider or protected information key holder in the execution of a warrant, notice or directive issued in terms of this Act for which it must be compensated by the State; and

(b) reasonable tariffs of compensation payable to a service provider or protected information key holder for providing the forms of the assistance referred to in paragraph (a).

(a) a telecommunication service provider, the making available of a facility, device or telecommunication system; and

(b) a protected information key holder

(a) may differ in respect of different categories of service providers or protected information key holders;

(b) must be uniform in respect of each service provider or protected information key holder falling within the same category.

(a) contains anything in respect of which an offence or attempted offence is being committed; or

(b) contains anything that will afford evidence of the commission of an offence; or

(c) is being sent to further the commission of an offence; or

(d) needs to be obtained and examined in the interests of defence, public safety or public order;

(a) is substantiated, the postal article may be detained for the purposes of evidence in a criminal prosecution or destroyed or dealt with in such other manner as may be authorised in the detention order;

(b) is not substantiated, the postal article shall be delivered to the person to whom it is addressed or to his or her representative on payment of any postage payable thereon.

(a) to any other person who of necessity requires it for the like exercise or performance of his or her functions in terms of this Act;

(b) information which is required to be disclosed in terms of any law or as evidence in any court of law.

(a) service provider or protected information key holder may disclose any information which it obtained in compliance with this Act; or

(b) employee of a service provider or protected information key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercise of any power or the performance of any duty in terms of this Act.