Tuesday, September 05, 2006

Govt To Ammend Interception of Communications Bill???
Reporting by ZimJournalists Arise
Additional Reporting by Journalists.co.za
The Minister of Transport and Communications, Chris Mushowe has said that the government might consider amending section 6 of the Interception of Communication Bill, to give the courts other than the Minister power to issue a warrant of interception.
The journalists also attacked the bill because it exclusively empowers a minister to intercept communications, a right that should be reserved for the judiciary.
“The Bill makes no provision for judicial supervision and provides for judicial intervention after the right has been violated and a loss has occurred. Provisions allowing the minister to grant authorization to intercept information is tantamount to usurpation of judicial authority by the executive in violation of the concept of separation of powers and the checks and balances, which form part of that concept,” read the submissions.

The bill is also under attack as unconstitutional, intrusive and undemocratic piece of legislation.. The groups were invited to make submissions about the bill to the Parliamentary Legal Committee, and said that it militates against universally agreed liberties such as freedom of the press, freedom of expression, freedom of information and the independence of the media.
Media organizations under the Media Alliance of Zimbabwe (MAZ) and the Zimbabwe National Editors Forum (Zinef) said the bill was unconstitutional, since it “seeks to discard the fundamental rights and freedoms or civil liberties of ordinary citizens, including the right to free communication." One expert says even if the courts have the power to issue the warrant, it is still monitoring of communications, which is still ‘’unconstitutional’’
The proposed legislation by Harare will empower the government to eavesdrop on email, letters and telephone calls to and from any individual or organizations it deems to be a threat to national security. The interception will be done on the authority of state officials such as the Chief of Defence Intelligence, the Director-General of the President’s department responsible for national security, the Commissioner of Police, and the Commissioner-General of the Revenue Authority.
The media groups point out that the bill reinstates some sections of the Postal and Telecommunications Act that were removed by Supreme Court in 2003 on the grounds they were unconstitutional.
Meanwhile the Media Alliance will meet in Harare to raise awareness among journalists and editors about the controversial bill. The MAZ has held meetings in Mutare and Masvingo and will visit Gweru on Thursday and Bulawayo on Friday.

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