“WHEREAS it is enacted by section 13(1) of the Constitution that an Act of Parliament to which that section
applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 of
the Constitution and, if any Act does so declare, it shall have effect accordingly: And whereas it is provided
in section 13(2) of the Constitution that an Act of Parliament to which that section applies is one the Bill for
which has been passed by both Houses of Parliament and at the final vote thereon in each House has been
supported by the votes of not less than three-fifths of all the members of that House: And whereas it is
necessary and expedient that the provisions of this Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution:
2. This Act shall have effect even though inconsistent with sections 4 and 5 of the Constitution.”
[39] See Short Title to Interception of Communications Act [Chapter 15:08]
[40] See Section 6 (1) of Interception of Communications Act [Chapter 15:08]
[41] See Section 7 (1) of Interception of Communications Act [Chapter 15:08]

[42] Chief of Defence Staff, the Commissioner of Police or the Director of the Strategic Services Agency;
[43] See Section 8 as read with Section 11 (1) of Interception of Communications Act [Chapter

15:08]
[44] See Section 10 of Interception of Communications Act [Chapter 15:08]
[45] See Section 13 of Interception of Communications Act [Chapter 15:08]
[46] See Section 20 (1) of Interception of Communications Act [Chapter 15:08]
[47] See Section 20 (2) of Interception of Communications Act [Chapter 15:08]
[48] See Section 20 (7) of Interception of Communications Act [Chapter 15:08]
[49] Available at https://www.sb.gov.hk/eng/special/sciocs/2016/ICSO%20CoP%20%20June%202016%20(E).pdf
[50] Section 69 of the Constitution of Zimbabwe, 2013
[51] See the references to Canada, Germany, Japan and the United States of America which all variously
provide for the post – surveillance notices as well as the interim relief granted in the Amabhungane
judgment
[52] Draft Independent Complaints Commission Bill, 2019 available at http://www.calr.org/download/independent-complaints-commission-bill/
Accessed 2nd October 2019
[53] Article XV of the Declaration on principles of Freedom of Expression in Africa of 2002
[54] Constitution of Zimbabwe, 2013

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