South Africa and Zimbabwe both pursuing phone spying legislation

By Lance Guma
07 June 2006

Neighbours Zimbabwe and South Africa have both unveiled draft legislation meant to secure state authority for the interception of phones and e-mails by their respective security agencies. In South Africa the ‘Regulation of Interception of Communications and Provision of Communication-related Information Bill’ will require mobile phone operators in that country to monitor and intercept communications if requested. Companies will face fines of R100,000 if they don’t comply. Any customers who sell their phones or sim cards and fail to relay the personal information of the recipients can be imprisoned for up to 12 months. South Africa says it wants to crack down on crime.
In Zimbabwe towards the end of May the government unveiled what it called ‘The Interception of Communications Bill.’ Transport Minister Christopher Mushowe said they would set up a ‘ communication centre to monitor and intercept certain communications in the course of their transmission through a telecommunication, postal or any other related service system.’ Robert Mugabe’s regime argues that they need the law in order to protect national security. Opposition spokesman Nelson Chamisa however called it an attempt to legalize what they are probably already doing and that is spying on the communications of ordinary citizens.
Meanwhile in South Africa the biggest mobile operator Vodacom said it was not practical to get all the names and addresses of the 20 million pre-paid users in the country. Under the law they will be required to cut services to those whose names are not in the database. Dr Handel Mlilo from the Concerned Zimbabweans in North America group said both countries were simply introducing laws meant to benefit politicians and that ‘if you give them an inch they will take a mile.’ He said it was important to ensure that the judiciary is involved in any of the proposed laws because without checks and balances the legislation could be abused.

A South African columnist, Rebecah Kenda,l who writes for I-Africa.com says of the new law, ‘on the one hand, it prohibits anyone in the general public from intercepting communications…on the other hand, it allows certain government organization, such as the South African Secret Services , the South African Police Services, the National Intelligence Agency and the South African National Defence Force, to intercept or monitor any communication that they deem threatening to the safety and security of the country.’ The anxiety in South Africa is felt even more in Zimbabwe, where Mugabe’s critics know the new law is targeted at them.