Uwazi

4.1.

The word “surveillance” is not used in the Interception of Communications Act of

Zimbabwe but it is submitted that the word “interception” means the same as surveillance
because in terms of Section 2 of the Act “intercept”, in relation to any communication which
is sent—(a) by means of a telecommunication system or radiocommunication system, means
to listen to, record, or copy, whether in whole or in part; (b) by post, means to read or copy
the contents, whether in whole or part;
4.2.

“surveillance” also takes the form of physical observation of people and their

activities by state security officials or even other private persons and organisations. It is not
provided for by the Zimbabwean laws but is known to happen and must be read into the
larger body of law that permits the invasion of privacy;
4.3.

Test case requests for transparency reports
4.3.1.

Whilst the Act provides for the annual reporting to the Attorney General,
said reports are as far as public documents go, unavailable;

4.3.2.

It is recommended here that a request be made to the Minister, copied to
the Attorney General, for the reports of the last eleven years since the Act
became operational;

4.3.3.

The requests ought to be made in terms of the Access to Information and
Protection of Privacy Act with a view to finding out how many warrants have
been issued, at whose instance and against who;

4.3.4.

In the event of a refusal or other negative outcome, the request become a
legal basis for instituting a test case to assert the right to access to information
and also to have declared as ultra vires the Constitution some of the offending
provisions of the law as was done by the South African High Court

4.4.

From outright interception to regulation of interception
4.4.1.

The tone and approach of the Zimbabwean legal framework is one of
outright interception;

4.4.2.

Whilst it is accepted that the world over interception and surveillance are
a necessary evil, the rest of the world has moved on from mere interception to
the regulation of the interceptions;

4.4.3.

The regulation of the interceptions is a necessary safeguard that is also a
best practice the world over;