made that such ministerial appointment be based on a list of nominees
submitted by the Judicial Service Commission;
4.5.8.

It is submitted that the right to a fair trial in the determination of the extent
of one’s civil and other legal obligations is the province of judicial authority as
opposed to the executive;

4.5.9.

In the Zimbabwean constitutional order, all judicial appointments are the
province of the Judicial Service Commission, based on nominations from the
public that are shortlisted by the Parliamentary Committee on Standing Rules
and Orders in terms of Sections 180 (1) and (2);

4.5.10. Clearly therefore the norm in surveillance policy and legal frameworks is still
to defer to judicial authority the granting or withholding of permission to
intercept communications or otherwise lawfully invade privacy and it is
respectfully submitted that Zimbabwe should be guided accordingly if the
interception and or surveillance model is to guarantee sufficient safeguards and
inspire public confidence;
4.6. Reports and opinion of Attorney General should be publicized;
4.6.1.

Reports of the Minister should follow clear guidelines regarding matters to
be reported on;

4.6.2.

The Trinidad and Tobago Act is instructive in this regard and outlines the
relevant items the Minister has to report on as follows:

“24. (1) The Minister shall, within three months, after the end of each year, in relation
to the operation of the Act in the immediately preceding year, prepare a report
relating to– (a) the number of warrants applied for to intercept
communications; (b) the number of warrants granted by the Court; (c) the
number of warrants applied for and granted under section 11; (d) the average
period for which warrants were given; (e) the number of warrants refused or
revoked by the Court; (f) the number of applications made for renewals; (g) the
number and nature of interceptions made pursuant to the warrants granted; (h)
the offences in respect of which warrants were granted, specifying the number
of warrants given in respect of each of those offences; (i) the numbers of persons
arrested whose identity became known to an authorised officer as a result of an

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