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UPDATE - ZIMBABWE
15 June 2007
Legislators pass bill allowing government to spy on telecommunications
SOURCE: Media Institute of Southern Africa (MISA), Windhoek
**Updates IFEX alerts of 1 December, 30 and 9 May, 25 April and 20 March
2006**
(MISA/IFEX) - Zimbabwe's House of Assembly on 13 June 2007 passed the
controversial Interception of Communications Bill without amendments
despite opposition to some of its provisions by opposition Movement for
Democratic Change (MDC) legislators.
MISA Zimbabwe National Director Rashweat Mukundu said the passing of the
bill marks yet another sad and retrogressive chapter in the country's
unfolding crisis as it has serious implications on the citizens'
fundamental right to freely express themselves without any hindrance in the
form of the envisaged spying law.
Section 20 of the Constitution guarantees freedom of expression, and the
freedom to receive and impart ideas without interference with one's
correspondence.
"By passing this bill, let alone without any amendments, the House of
Assembly has regrettably and sadly contributed yet another devastating blow
to the country's deepening human rights and political crisis, which is
being duly recorded by historians and will be judged accordingly by
posterity," said Mukundu.
"The future viability and development of the telecommunications sector will
also be seriously compromised by this draconian law, considering that
Internet service providers will have to bear high costs as they will be
expected to install the enabling spying equipment in a country that is
experiencing acute foreign currency shortages."
Under the bill, service providers will be compelled to install the enabling
equipment on behalf of the government while empowering the chief of defence
intelligence, the director-general of the Central Intelligence
Organisation, the commissioner of police and the commissioner general of
the Zimbabwe Revenue Authority to intercept telephonic, e-mail and cell
phone messages.
The bill, which seeks to empower the government to spy on telephone and
e-mail messages, was presented to Parliament on 26 July 2006.
It also proposes to establish a monitoring centre or agency which shall be
the sole facility through which authorised interception shall be effected.
Contributing to the debate during its reading stages, Bulawayo South
legislator David Coltart, who was elected on an opposition MDC ticket, said
the judiciary and not the attorney-general should be empowered to review
the exercise of the powers of the minister of transport and communications
in the issuing of warrants for interception of communication.
Coltart also argued that the decision on the right to grant a warrant
should be the preserve of the judiciary and not the executive.
For further information, contact Zoé Titus, Programme Specialist, Media
Freedom Monitoring, MISA, Private Bag 13386 Windhoek, Namibia, tel: +264 61
232 975, fax: +264 61 248 016, e-mail: research@misa.org, Internet:
http://www.misa.org
The information contained in this update is the sole responsibility of
MISA. In citing this material for broadcast or publication, please credit
MISA.
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