4.12.3. In their current form, the legal provisions technically empower authorized
officials to direct a journalist to disclose information about a source of
information used in the course of the professional duties contrary to the
constitutional protection of the confidentiality of journalists’ sources of
information;[54]
4.12.4. A journalist’s communications with a source of information may likewise be
intercepted under the guise of detection and or investigation of crime;
5. Conclusion
5.1. The current legal and policy framework is for the surveillance and interception of
communications of citizens in Zimbabwe is wide open to legal challenge on the
authority of the predecessor to the Constitutional Court of Zimbabwe in the case of
Law Society of Zimbabwe v Minister of Transport & Anor. SC – 59 – 03;
5.2. The very persuasive judgment of the High Court of South Africa in Amabhungane
Centre for Investigative Journalism NPC & Anor. V Minister of Justice and
Correctional Services and 10 Ors ( as yet unreported judgement of the Gauteng
Local Division per Sutherland J and handed down on 16th September 2019) is
likewise further basis for legal challenge;
5.3 It is now settled practice the world over that surveillance and interception of private
communications are a necessary evil in the interests of public safety, public order,
economic and other security interests;
5.4 What remains in need of further attention are the necessary safeguards to which
citizens as data subjects can rely on for their protection as the lawful invasions of
privacy are ongoing;
5.5 In Zimbabwe, the protection is at the tail end of the interception process i.e. to the
Administrative Court but only after extensive damage may already have been done.

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