Government to legalise interception of private communications

By Tererai Karimakwenda
20 March 2006

In a continued campaign to limit communication and freedom of speech, the government is reported to be planning to introduce legislation that will make it legal to intercept telephone calls, e-mail messages and even letters. Known as The Interception of Communications Bill the new law is due to be debated by parliament soon, and given the ruling party’s majority in that house it will most likely sail through without much problem. Many Zimbabweans believe the government is already monitoring their communications anyway, but they say the bill reflects the government’s paranoia and desire to shut off the world from knowing the truth about its activities.

James Mutizwa, acting president of The Law Society of Zimbabwe, said this legislation was first introduced a couple of years ago when the government amended what was known as Post and Telecommunications Act. This gave authorities the power to intercept e-mail messages and letters. But The Law Society took the matter to court and won with the Supreme Court ruling that these powers of interception were unconstitutional. Mutizwa said the government is now re-introducing the same legislation as a separate bill. But The Law Society plans to go back to court to fight. Mutizwa said since the constitution has not changed he expects the courts to make the same ruling and protect the freedom of expression for Zimbabweans. He added: “It is the duty of The Law Society to challenge such legislation and we will do so till we tire.”

According to reports, the bill would empower the chief of defence intelligence, the director-general of the Central Intelligence Organisation, the Commissioner of Police and the Commissioner General of the Zimbabwe Revenue Authority to intercept messages that pass through fixed lines, as well as cellular phones and the internet. Mutizwa agreed that most Zimbabweans believe the government has already been monitoring their conversations and mail. But he feared the bill would now give the government a legal means to do wrong. He also believes that going by the numbers in parliament, the new legislation will go through. However, he said the Supreme Court does not play this numbers game, and it should rule against this infringement on the rights of Zimbabweans once again.