Police Amendment Bill 2023
An Act to amend the Police Act [Chapter 11:10]; and to provide for matters connected with or incidental to the foregoing.
Mines And Mineral Bill, 2023
TO regulate the prospecting and mining for minerals, and the registration of mining titles and other rights connected with prospecting and mining. To repeal the Mines and Minerals Act [Chapter 21:05]; and to provide for matters incidental thereto or connected therewith.
ENACTED by the Parliament and the President of Zimbabwe
CYBER SECURITY AND DATA PROTECTION BILL, 2019
Memorandum
The purpose of this Bill is to consolidate cyber related offences and provide for data protection with due regard to the Declaration of Rights under the Constitution and the public and national interest, to establish a Cyber Security Centre and a Data Protection Authority, to provide for their functions, provide for investigation and collection of evidence of cyber crime and unauthorised data collection and breaches, and to provide for admissibility of electronic evidence for such offences. It will create a technology driven business environment and encourage technological development and the lawful use of technology.
The main provisions of the Bill are explained below:
Part 1
Clause 1 sets out the short title and date of commencement.
Clause 2 provides for the objects of the Bill which are to curb cyber crime and promote cyber security in order to build confidence and trust in communication networks.
Clause 3 provides for the definitions of the terms used in this Bill.
Clause 4 sets out the scope of application of the Bill to include the processing of data wholly or partly by automated means.
Part II
Clause 5 provides for the designation of the Cyber Security Centre within the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ).
Clause 6 provides for the functions of the Cyber Security Centre which shall be among other functions to advise Government and implement Government Policy on cyber crime and cyber security. The Cyber Security Centre shall also promote and coordinate activities focused on improving cyber security and prevention of cyber crime.
Part III
Clauses 7 and 8 provides for the designation of the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) as Data Protection Authority and the functions thereof.
Part IV and V
Clauses 9 to 14 provides the minimum standards and general rules for a data controller for the processing of data. Part VI
Clauses 15 to 18 provides for the levels of security, integrity and confidentiality of data controllers or their representatives in the protection of data from destruction, unauthorised alteration or access and other unauthorised processing, and the notification of the Authority of any security breaches.
Clauses 19 and 20 provides for the notification of the Authority of the processing of data by any automated means and the scope of such notification.
Clauses 21 and 22 requires the Authority to establish the form and manner
of notification provided in clauses 19 and 20 and the keeping of a register of such notifications.
i(i)
Cyber SeCurity and data ProteCtion
Clause 24 places the burden of accountability for the protection of data on the
data controller.Part VII
Clause 25 provides for the protection of data subjects from decisions taken on the basis of automatic data processing and the measure of recourse that is available from such automatic data processing to the data subject.
Clauses 26 and 27 deals with the protection of the rights of data subjects who are children or data subjects who may otherwise be incapable of exercising their rights due to some other legal incapacitation in terms of this Act. Such persons rights may be exercised by any such persons as are described in this part.
Part VIII
Clauses 28 and 29 outlines the rules on permissability and non-permissability of the transfer of data outside the Republic of Zimbabwe and the requirements for the authorisation or non-authorisation of the same.
Part IX
Clause 30 requires the Authority to provide and approve codes of conduct and ethics to be observed by data controller and categories of data controllers.
Part X
Clause 31 provides for the establishment and management of a whistle blowing system by the Authority. Part XI
Clause 32 provides for the Minister to make regulations in consultation with the Authority to give effect to the Bill.
Clause 33 sets out the offences and the penalties thereof under this Bill.
Part XII
Clause 35 deals with consequential amendments to the Criminal Code by the introduction of this Bill. This part amends the Criminal Law (Codification and reform) Act [Chapter 9:23] by the repeal of sections 163 to 166, which are therefore expanded in scope and application. Part I
Clauses 163 to 163E deals with hacking and to prevent interfering, impairing the functions on a computer system which house data vital to the country that the incapacity of such would have debilitating impact on security. It further deals with security and protection of data on computers so that data is not obtained, installed downloaded or modified illegally by means of technology. It also curbs acquisition, possession, production, selling, procuring and distribution for use imports designed or adapted for the purpose of committing an offence. Clause 163F
In this Part an offence is committed in aggravating circumstances if committed with or in furtherance of the commission or attempted commission of a crime against the State specified in Part 111 of the Criminal code.
Part II
Clause 164 deals with transmission of data messages inciting violence or damage to property.
Clause 164A deals with protection of citizens from receiving threatening messages.
(iiii)
Clause 164B Cyber bullying and harassment deals with any data message which is send to coerce, harass or intimidate. Clause 164C
The section seeks to punish any person who distributes, make available or broadcasts data concerning an identified or identifiable person knowing it to be false intending to cause psychological or economic harm.
Clause 164D deals with messages classified as spam and liability is excluded if the multiple electronic transmission is done within a customer or business relationship. Clause 164E deals with the transmission of data with intimate images without consent.
Clause 164F deals with Production and dissemination of racist and xenophobic material such as the use of language that tends to lower the reputation or feelings of persons for the reason that they belong to a group of persons distinguished on the grounds set out in section 56(3) of the Constitution.
Clause 164G The section seeks to protect any person whose identity is acquired transferred, possessed or used by using a computer or computer information systems with intent to commit or assist in commission of a crime.
Part III
Clauses 165 and 165A deals with pornography involving a child or exposing pornography to children.
Clause 165B deals with process in the search and seizure in electronic evidence. Clause 165C provides the manner and form in which data is preserved for use of investigation.
Part IV
Clause 166 provides for the obligations and immunity of the service provider who has not initiated or modified the transmission or selected the receiver of a data transmission.
Clause 166A deals with jurisdiction issues of courts in Zimbabwe when dealing with offences in this Bill.
Clause 166B provides for the admissibility of electronic evidence.
Clause 166C provides that upon conviction under this Act the Court may order forfeiture to the state of proceeds of such offence.
Clause 166D provides that the Cyber Security Committee may, with the approval of the Minister issue such guidelines as may be necessary for the carrying out of the provisions of this Act as relates to its functions under this Bill.
(iiiiii)
CYBER SECURITY AND DATA PROTECTION BILL, 2019
ARRANGEMENT OF SECTIONS
PART I
Preliminary Section 1. Short title.
PART II
establishment of Cyber SeCurity Centre
data ProteCtion authority
PART IV
Quality of data 9. Quality of data.
PART V
General rules on the ProCessinG of data
duties of the data Controller and data ProCessor
PART VII data subjeCt Section 25. Decision taken on basis of Automatic Data Processing.
PART IX
Code of ConduCt 30. Code of conduct.
PART X whistleblowinG 31. Whistleblower.
PART XI
General Provisions
PART XII
ConseQuential amendments
An Act to provide for data protection with due regard to the Declaration of Rights under the Constitution and the public and national interest; to establish a Cyber Security Centre and a Data Protection Authority and
5 to provide for their functions; to create a technology driven business environment and encourage technological development and the lawful use of technology; to amend sections 162 to 166 of the Criminal Code (Codification and Reform) Act [Chapter 9:23] to provide for investigation and collection of evidence of cyber crime and unauthorised
10 data collection and breaches, and to provide for admissibility of electronic evidence for such offences; and to provide for matters connected with or incidental to the foregoing.
ENACTED by the Parliament and the President of Zimbabwe.
PART I
15 Preliminary
This Act may be cited as the Cyber Security and Data Protection Act [Chapter 11:22].
H.B. 18, 2019.]
Printed by the Government Printer, Harare
3
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Interpretation
In this Act— “child” means any person under the age of eighteen years; “code of conduct” refers to the Data Use Charters drafted by the data controller in order to institute the rightful use of IT resources, the Internet, and electronic communications of the structure concerned, and which have been approved by the Data Protection Authority; “consent” refers to any manifestation of specific unequivocal, freely given, informed expression of will by which the data subject or his or her legal, judicial or legally appointed representative accepts that his or her data be processed; “critical database” means a computer data storage medium or any part thereof which contains critical data; “data” means any representation of facts, concepts, information, whether in text, audio, video, images, machine-readable code or instructions, in a form suitable for communications, interpretation or processing in a computer device, computer system, database, electronic communications network or related devices and includes a computer programme and traffic data; “data controller or controller” refers to any natural person or legal person who is licensible by the Authority; “data controller’s representative or controller’s representative” refers to any natural person or legal person who performs the functions of the data controller in compliance with obligations set forth in this Act; “data processor” refers to a natural person or legal person, who processes data for and on behalf of the controller and under the controller’s instruction, except for the persons who, under the direct employment or similar authority of the controller, are authorised to process the data; “data protection authority or authority” refers to Postal and Telecommunications Regulatory Authority of Zimbabwe established in terms of section 5 of the Postal and Telecommunications Act [Chapter 12:05]; “data protection officer or DPO” refers to any individual appointed by the data controller and is charged with ensuring, in an independent manner, compliance with the obligations provided for in this Act; “data subject” refers to an individual who is an identifiable person and the subject of data; “disproportionate effort” means effort that is so labour intensive as to consume a lot of time, money and manpower resources; “electronic communications network” means any electronic communications infrastructures and facilities used for the conveyance of data; “genetic data: refers to any personal information stemming from a Deoxyribonucleic acid (DNA) analysis; |
5
10 15 20 25 30 35 40 45 |
“health professional” refers to any individual determined as such by |
The object of this Act is to increase cyber security in order to build confidence and trust in the secure use of information and communication technologies by data controllers, their representatives and data subjects.
Zimbabwean law;
“identifiable person” means a person who can be identified directly or indirectly, in particular by reference to an identification number or to one or more
factors specific to his or her physical, physiological, mental, economic, cultural or social identity;
“Minister” means the Minister responsible for information and communications technologies;
“personal information” means information relating to a data subject, and includes—
10 (c) the person’s age, sex, sexual orientation, marital status or family status;
15 (f) information about a person’s health care history, including a physical or mental disability;
20 (i) the individual’s personal views or opinions, except if they are about someone else; and
(j) personal correspondence pertaining to home and family life;
“processing” refers to any operation or set of operations which are performed upon data, whether or not by automatic means, such as obtaining recording
25 or holding the data or carrying out any operation or set of operations on data, including—
(a) organisation, adaptation or alteration of the data; (b) retrieval, consultation or use of the data; or
(c) alignment, combination, blocking, erasure or destruction of the data;
30 “recipient” a natural or legal person, agency or any other body to whom personal information is disclosed by a data controller, whether a third party or not; however, persons who receive personal information in the framework of a particular legal inquiry shall not be regarded as recipients;
“sensitive data” refers to—
40
45 |
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(i) racial or ethnic origin;
(ii) political opinions; (iii) membership of a political association; (iv) religious beliefs or affiliations; (v) philosophical beliefs; (vi) membership of a professional or trade association; (vii) membership of a trade union; (viii) sex life; (ix) criminal educational, financial or employment history; |
(x) gender, age, marital status or family status; |
35 (a) information or any opinion about an individual which reveals or contains the following—
50 risk to the rights of the data subject;
“third party” refers to any natural or legal person or organisation other than the data subject, the controller, the processor and anyone who, under the direct authority of the controller or the processor, is authorised to process the data;
“transborder flow” refers to international flows of data by the means of 5 transmission including data transmission electronically or by satellite;
“whistleblowing” refers to legal provisions permitting individuals to report the behaviour of a member of their organisation which, they consider contrary to a law or regulation or fundamental rules established by their
organisation. 10
the Protection of Personal Information Act [Chapter........]. 15
in Zimbabwe, and such processing is not for the purposes of the mere transit of data through Zimbabwe.
(3) In the circumstances referred to in subsection (2)(b), the controller shall designate a representative established in Zimbabwe, without prejudice to legal
proceedings that may be brought against the controller. 25
PART II
establishment of Cyber seCurity Centre
The Postal and Telecommunications Regulatory Authority established in terms 30 of the Postal and Telecommunications Act [Chapter 12:05] is hereby designated as the Cyber Security Centre.
The functions of the Cyber Security Centre shall be to—
daily around-the-clock;
enable members of the public to confidentially report to the Committee cases of alleged cyber crime;
and preventing cyber crime by all interested parties in the public and
private sectors; 45
comprehensive legal framework governing cyber security matters. PART III
10 data ProteCtion authority
The Postal and Telecommunications Regulatory Authority established in terms of the Postal and Telecommunications Act [Chapter 12:05] is hereby designated as the 15 Data Protection Authority.
(1) The Authority shall perform the following functions—
(a) to regulate the manner in which personal information may be processed through the establishment of conditions for the lawful processing of data;
20 (b) to promote and enforce fair processing of data in accordance with this Act;
(c) to issue its opinion either of its own accord, or at the request of any person with a legitimate interest, on any matter relating to the application of the fundamental principles of the protection of privacy, in the context of this
25 Act;
(d) to submit to any Court any administrative act which is not compliant with the fundamental principles of the protection of the privacy in the framework of this Act as well as any law containing provisions regarding the protection of privacy in relation to the processing of data
30 in consultation with Minister responsible for Information, Publicity and Broadcasting Services;
35 request of the data subject or any interested person, and in relation thereto may call upon the assistance of experts to carry out its functions and may request the disclosure of any documents that may be of use for their inquiry or investigation;
45 of international best practices on the protection of personal information in Zimbabwe and advise the Minister accordingly;
(j) in consultation with the Minister, to facilitate cross border cooperation in the enforcement of privacy laws and participating at national, regional
and international forums mandated to deal with the protection of personal
information initiatives.
(2) Subject to this Act, the Authority shall not, in the lawful exercise of its
functions under this Act, be subject to the direction or control of any person or authority.
PART IV 5
Quality of data
it is collected or further processed; 10
no longer than necessary with a view to the purposes for which the data
is collected or further processed.
processed shall be accessible regardless of the technology used and ensure that the
evolution of technology shall not be an obstacle to the access or processing of such
data.
subsections (1) and (2) by any person working under his or her authority and any 20
subcontractor.
PART V
General rules on the ProCessinG of data
The data controller shall ensure that the processing of data is necessary and that 25
the data is processed fairly and lawfully.
and legitimate purposes and, taking into account all relevant factors, especially the
reasonable expectations of the data subject and the applicable legal and regulatory 30
provisions, that the data is not further processed in a way incompatible with such
purposes.
for historical, statistical or scientific research purposes is not considered incompatible.
competent person, where the data subject is a child, consents to the processing of such
data.
subject is an adult natural person or has a legal persona and has full legal capacity to 40
consent.
the official authority vested in the controller, or in a third party to whom the data is disclosed; or
10 (e) promoting the legitimate interests of the controller or a third party to whom the data is disclosed, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject claiming protection under this Act.
(4) The Authority may specify the circumstances in which the condition 15 stipulated under subsection (3)(e) are considered as having been met.
(1) In relation to the processing of sensitive personal information—
(a) the processing of sensitive data is prohibited unless the data subject has given consent in writing for such processing;
20 (b) the consent may be withdrawn by the data subject at any time and without any explanation and free of charge;
(c) the Authority shall determine the circumstances in which the prohibition to process the data referred to in this section cannot be lifted even with the data subject’s consent “taking into account the factors surrounding 25 the prohibition and the reasons for collecting the data”. (2)
FINANCIAL ADJUSTMENTS BILL,2019
Memorandum
If a Government Ministry or Department spends money in any financial year in excess of the amount appropriated, or for a purpose for which nothing was appropriated, the Minister of Finance is required in terms of section 307 of the Constitution to cause a Bill condoning the unauthorised expenditure to be introduced in the National Assembly seeking condonation of the unauthorised expenditure, no later than sixty days after the extent of the unauthorised expenditure has been established.
In line with the above, we seek condonation for unauthorised expenditure incurred by Line Ministries of US$25,305,741 (twenty-five million three hundred and five thousand and seven hundred and forty-one dollars) for year ended 2015, US$1,530,890,050 (one billion five hundred and thirty million eight hundred and ninety thousand and fifty dollars) for year ended 2016, US$4,562,064,123 (four billion five hundred and sixty-two million and sixty four thousand one hundred and twenty-three dollars) for year ended 2017, US$3,560,343,130 (three billion five hundred and sixty million three hundred and forty-three thousand one hundred and thirty dollars) for year ended 2018.
i(i)
Financial adjustments
Presented by the minister of finance and economic develoPment
5
10
15
BILL
To condone unauthorised expenditure incurred by various Line Ministries from the year 2015 to 2018.
ENACTED by the Parliament and the President of Zimbabwe.
1 Short title
This Act may be cited as the Financial Adjustments Act, 2019.
2 Condonation of unauthorised expenditure for year ended 2015
The incurring of the following expenditure in excess of that which was appropriated in terms of Part 3 of Chapter 17 of the Constitution or for which no money was appropriated under that Part, is condoned—
Financial adjustments
year ended on the 31st December, 2015, in an amount of eleven million
H.B. 19, 2019.]
Printed by the Government Printer, Harare
2
Financial adjustments
nine hundred and nine thousand four hundred and twelve United States
dollars; and
(d) the Ministry of Tourism and Hospitality during the financial year ended
on the 31st December, 2015, in an amount of one hundred and fifty-six thousand two hundred and ninety-one United States dollars. 5
3 Condonation of unauthorised expenditure for year ended 2016
The incurring of the following expenditure in excess of that which was appropriated in terms of Part 3 of Chapter 17 of the Constitution or for which no money was appropriated under that Part, is condoned—
FREEDOM OF INFORMATION BILL,2019
Memorandum
This Freedom of Information Bill, 2019 will repeal the Access to Information and Protection of Privacy Act [Chapter 10:27]. The Bill will give effect to section 62 of the Constitution which enshrines in the Declaration of Rights the right of access to information.
In brief, the Bill sets out—
This Freedom of Information Bill, 2019 will repeal the Access to Information and Protection of Privacy Act [Chapter 10:27]. The Bill will give effect to section 62 of the Constitution which enshrines in the Declaration of Rights the right of access to information.
In brief, the Bill sets out—
In more detail, the Bill provides as follows—
PART I Preliminary
This Part deals with preliminary matters.
Clause 1 sets out the short title of the Bill which takes its title from the specific constitutional terminology, in line with global trends, with respect to the right.
Clause 2 defines terms used in the Bill and significant are the following terms around which the Bill is structured, viz a viz “principle officer” being the person at the helm of any entity; “information” which is cast very widely; “information officer and “responsible person” who is the principle officer of a public or public commercial entity.
Clause 3 states the objects of the Act as being essentially to give effect to the exercise of the right of access to information.
Part II of the Bill which deals with providing access to information, creates in clause 4, a duty on entities to maintain the information of entities in a manner that facilitates the exercise of the right to access information. The entities are compelled to
i(i)
Freedom oF InFormatIon
generate information in respect of their activities, maintain it systematically for easy retrieval and to securely preserve its integrity.
Clause 5 requires public entities, public commercial entities and holders of statutory bodies to disclose information which is in the interest of public accountability and in the interests of protecting a right.
Under Clause 6, the Act will not apply to information from Cabinet and its committees, with respect to judicial functions.
Part III of the Act deals with the process of requesting for access to information.
Clause 7 sets out the procedure for requesting for access to information. Requests must be in accordance with whether the rights granted by the section 61(1) and (2) of the Constitution, that is to say, requests to public entities may only be made by the citizenry; requests to all entities are open to everyone but they are confined to limited information, i.e. information required for the protection or exercise of a right. A request may be made in writing and an information officer must afford the applicant a copy. A written acknowledgement of the request must be provided immediately, including an immediate response as well if that is possible and satisfactory to the applicant.
INTERNATIONAL TREATIES BILL, 2019
Memorandum
This Bill will establish a uniform procedure for the consideration and approval of international treaties by the Cabinet and Parliament before their ratification by the President, and for their publication after their ratification or, in some cases, before their ratification. One of the main mischiefs sought to be remedied by this Bill is that many international treaties having far-reaching consequences for our domestic law are concluded without the courts or the public having due notice of those treaties by way of their official publication. Even where official publication of the treaty itself is not possible or desirable for any reason, some official notice of the fact of its existence and ratification should be made for the benefit of the public. This Bill seeks to provide a mechanism for the publication or notification of such treaties.
Preamble
The Preamble to the Bill quotes sections 34 and 327 of the Constitution which providesthatmostinternationaltreatiesrequiretheapprovalofParliament(theexceptions being those international treaties, such as peace treaties, which are made within the President’s prerogative powers in the sphere of international relations, those international treaties for which an alternative method of approval has been stipulated by Act of Parliament, those international treaties which Parliament has by resolution declared should not require approval in terms of subsection 111B(1)(a) of the Constitution, and those international treaties amending or subsidiary to any international treaty earlier approved by Parliament that stipulate that the amending or subsidiary treaty comes into operation upon signature thereof without the need of further approval by Parliament or ratification by the President).
Clause 1
This clause sets out the Bill’s short title.
Clause 2
This clause contains the definitions of terms used in the Bill.
Clause 3
This clause excludes from the scope of the Bill those international treaties for which a different method of publication or domestication is provided for under another Act of Parliament. Examples of such treaties are bilateral Trade Agreements published under the Customs and Excise Act, Double Taxation Agreements published under the Income Tax Act and One-Stop Border Post Agreements published under the One-Stop Border Posts Control Act.
Clause 4
This clause declares the Ministry of Foreign Affairs to be the principal custodian and principal national depositary of all international treaties. It also obliges the Ministry to open and maintain an official archive of all international treaties currently in force, access to which will be afforded to any interested person subject to such conditions, including the payment of any fee for access to the archive or the provision of authenticated copies of any international treaty, as may be prescribed under clause 11.
Clause 5
This clause provides for the appointment and functions of the Public Agreements Advisory Committee (PAAC), who core function it will be to consider all proposed
i(i)
InternatIonal treatIes
international treaties and make appropriate recommendations with respect to their negotiation, drafting and approval by the Cabinet and Parliament. Such a committee already exists but this clause will establish it on a statutory footing.
Clauses 6 and 7
These clauses set out the manner in which PAAC will discharge its core function as described under clause 5. In particular it empowers PAAC to publish important international treaties after their approval by Cabinet but before their approval by Parliament, as a means of ensuring public feedback and informed Parliamentary debate on the published treaty. As a rule, all international treaties approved by Parliament and ratified by the President will need to be published, with exception of international treaties which are made within the President’s prerogative powers in the sphere of international relations (these, however, may also be published at the President’s sole discretion). Where, however, publication of the treaty itself is not possible or desirable for any reason, official notice of the fact of its existence and ratification, and the place or places where it may be inspected by the public free of charge, will be published in the Gazette.
MARRIAGES BILL, 2019
Memorandum
This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. There will be one Act of Parliament governing marriages in Zimbabwe and the new Act will also update the law in line with the Constitution. The following are the main Constitutional precepts which the Marriages Bill takes into account—
In brief therefore, the Bill re-enacts a marriagelawthatcomplies with these various provisions of the Constitution. There will be one Act of Parliament to deal with the creation of marriages.
In more detail, the Bill provides as follows:
Clause 1 sets out the short title of the Bill and provides for the coming into
operation of the Bill on a date to be notified by the President in the Gazette.
Clause 2 defines terms used in the Bill and new and significant among them are “betrothal”, “civil marriage”, “civil partnership” which is more fully explained in clause 40 of the Bill, and “marriage”. The term “marriage” which encapsulates both “civil marriages” and “customary law marriages” refers to marriages formally solemnised or registered in terms of this Bill. This is to distinguish them from any other union which is not so solemnised or registered. The definition of “marriage officer” has been widened to include Chiefs, in their areas of jurisdiction, with respect to customary law marriages. The rest of the terms are fairly straight-forward.
Part II of the Bill deals with general provisions governing marriage.
Clause 3 provides that the minimum age of marriage is 18 years. In order to ensure the protection of minors, the minimum age requirement has been extended to unregistered customary law marriages and to civil partnerships. This guards against attempts to side-step the law by avoiding formal marriages and still have children being forced into relationships which are, to all intents and purposes, marriages.
i
Marriages
Clause 3 also explicitly outlaws the marrying, pledging or betrothal of children by any person and doing so is an offence which is aggravated in circumstances where the contravention is by a parent or a person in the role of a parent.
Clause 4 requires that the free and full consent of parties to a proposed marriage be given before the marriage is solemnised.
Clause 5 states that a civil marriage is contracted in terms of the general law of Zimbabwe and is monogamous. No other marriage can be contracted by a person during the subsistence of a monogamous marriage. A customary law marriage is potentially polygamous.
MONEY LAUNDERING AND PROCEEDS OF CRIME (AMENDMENT) BILL 2019
This Bill will amend the Money Laundering and Proceeds of Crime Act [Chapter 9:24]. The amendments were initially effected under the Presidential Powers (Temporary Measures) (Amendment of the Money Laundering and Proceeds of Crime Act) Regulations 2018, published in Statutory Instrument 246 of 2018, on the 9th of November, 2018, and according to the provisions of section 6 of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] the regulations expired on the one hundredth and eighty-first day following the date of commencement of the regulations which was the 9th of May, 2019. As such, it is expedient to enact an Amendment Bill re-enacting the affected provisions (some proceedings were already commenced under the Regulations). The amendments will further strengthen the provisions in the law to combat corruption, money laundering and terrorist financing and ensure members of the law enforcement are effective in carrying out their mandate. In more detail, the individual clauses of the Bill provide as follows:
Clause 1
This clause sets out the Bill’s short title.
Clause 2
In order to combat money laundering, terrorist financing, tax evasion and corruption, it has become necessary to give powers to ZACC, ZIMRA and ZRP to elicit explanations from persons who exhibit great wealth without having any apparent lawful means of obtaining such wealth. Accordingly, a new Part will be inserted in the Money Laundering and Proceeds of Crime Act providing for unexplained wealth orders issued by the High Court at the instance of ZACC, ZIMRA or ZRP. These orders will require the addressee to explain his or her wealth and provide supporting documentation therefor.
(i)
Money Laundering and Proceeds of criMe aMendMent
ii
10
This Act may be cited as the Money Laundering and Proceeds of Crime (Amendment) Act, 2019.
2 New Chapter IIIA inserted in Cap. 9:24
The Money Laundering and Proceeds of Crime Act [Chapter 9:24] (No. 4 of 2013) is amended by the insertion of the following Chapter after Chapter III—
H.B. 4, 2019.]
Money Laundering and Proceeds of criMe aMendMent
BILL
To amend the Money Laundering and Proceeds of Crime Act [Chapter 9:24]; and to provide for matters connected therewith or incidental thereto.
ENACTED by the Parliament and President of Zimbabwe. 5 PARTI
1 Title
PreliM inary
Printed by the Government Printer, Harare
1
Money Laundering and Proceeds of criMe aMendMent
“CHAPTER IIIA
unexPlained W ealth orders
PART I
PreliMinaryProvisions
37A Interpretation in Chapter IIIA 5 (1) In this Chapter—
“enforcement authority” means—
“enforcementorinvestigatoryproceedings”meansanyproceedings in relation to property taken under—
(a) this Chapter; or 15
(b) Chapter IV (“Conviction-based Confiscation and Benefit Recovery Orders and Investigative Powers Appurtenant Thereto”); or
(c) Chapter V (“Civil Forfeiture of Tainted andTerrorist Property”); 20
“hold”, in relation to a person holding property, means—
(e)
where the property in question is currency or bearer negotiable instruments, engage in a course of dealing
with respect to the property— 30
within a period of a year or any lesser period wherein currency or instruments of an aggregate value of fifty thousand dollars or individual sums of more than ten 40 thousand dollars is or are exchanged, transferred or otherwise dealt with;
2
45
35 (c)
MONEY LAUNDERING AND PROCEEDS OF CRIME (AMENDMENT)
Explanatory MEMoranduM
This Bill will amend the Money Laundering and Proceeds of Crime Act [Chapter 9:24], section 27 of the National Prosecuting Authority Act [Chapter 7:20], section 6 of the Criminal Matters (Mutual Assistance) Act [Chapter 9:06], section 87 of the Deeds Registries Act [Chapter 20:05], section 210 of the Customs and Excise Act [Chapter 23:02], section 5 of the Income Tax Act [Chapter 23:06], section 34A of the Revenue Authority Act [Chapter 23:11], section 360 of the Companies Act [Chapter 24:03] and the Bank Use Promotion Act [Chapter24:24] with a view to achieving the following: the enactment of a comprehensive legal framework to combat money laundering and terrorist financing:
The findings of the team, and the urgent need to remedy the deficiencies found by them, are the immediate occasion for this Bill.
In more detail, the individual provisions of the Bill are as follows:
Clause I
This Clause sets out the Bill’s short title.
Clause 2
This clause sets out definitions of key words and phrases used in the Bill. Of particular note are the definitions of “competent authorities”; “document”; “Financial Action Task Force”
Clause 3
The principal act is amended by the amendment of section 3 on the Units and competent supervisory authorities’ co-operation in ensuring compliance with the Act.
BILL, 2018
(1i)
Money Laundering and Proceeds of Crime (amendment) Clause 4
The principal Act is amended in section 4 Insertion of a new Chapter IA which shall give detail to the Financial Intelligence Unit.
Clause 5
Section 11 of the principal Act is amended in subsection (2) by the deletion and substitution to effect identification of and record keeping in relation to disclosures.
Clause 6
This clause makes an insertion of a new Part III in Chapter II in the principal act, on the Policy, Coordination and Risk factor of the Unit.
Clause 7
Amends section 13 in the interpretation section for Part I of Chapter III of the principal Act by inserting new definitions.
Clause 8
Amends section 15 of the principal Act, by being more specific to the property that is the subject matter to the prescribed transaction.
Clause 9
Amends section 20 of the principal Act is amended by the insertion of three new subsections, dealing with high risk customers and politically exposed persons.
Clause 10
Amends section 21 of the principal Act by inserting of a new paragraph (e1) in relation to compliance of previous sections of the principal act.
Clause 11
NATIONAL PEACE AND RECONCILIATION COMMISSION BILL, 2017
Memorandum
The individual clauses of the Bill are explained below:
Clause 1
Provides for the short title of the Bill.
Clause 2
Provides for definitions of words in the Bill. To this end, words like Commission, seal, Executive Secretary, Minister are defined for ease of reference.
Clause 3
Provides for additional functions of the Commission as original functions are established in terms of the Constitution. This Clause also seeks to provide for procedures to be followed by Members of the Commission when conducting the meetings. It also provides for the manner in which vacancies may be filled. The same Clause confers ancillary powers upon the Commission which may help the Commission better discharge its functions.
Clause 4
Reinforces the independence of the Commission established in terms of section 235 of the Constitution.
Clause 5
Empowers the President to, by proclamation, set the seal for the Commission. The seal must be in the custody of the Executive Secretary.
Clause 6
Gives the Commission powers to establish offices throughout the country. The Commission has to establish such offices in consultation with the Minister and the Minister responsible for Finance. The offices established must be accessible to all people. Where necessary, the Commission may request the co-operation of certain entities for the Commission to better perform its functions.
Clause 7
Reiterrates the procedures for the Members of the Commission as set up in the Constitution.
Clause 8
Confers investigative functions upon the Commission. The Commission has got powers to make investigations. The Commission must not investigate any matter which is pending before any competent court.
Clause 9
Sets out the investigation procedures for the Commission. In its hearing procedures, the Commission must not be bound by strict rules of evidence. Any person who is called to appear before the Commission to defend the allegations raised against him or her must be afforded fourteen working days to respond in writing. Any person appearing
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NatioNal Peace aNd RecoNciliatioN commissioN
before the Commission is entitled to be represented by the Legal Practitioner of his or her choice at his or her own expense. This Clause obliges Members of the Commission and their staff not to disclose information obtained except in special circumstances. The Minister responsible for National Security may issue a certificate to the effect that certain evidence or documentation must only be disclosed in camera in the best interest of defence, national security, external relations and the like. Any person who is dissatisfied by the decision of the Minister may appeal to the Commission while any appeal against the decision of the Commission lies with the Administrative Court.
Clause 10
Provides for inadmissibility of incriminating evidence. Only the person who may be compelled by the Commission to testify before the Commission will enjoy this privilege.
Clause 11
Compels persons who appear before the Commission to make an affirmation before they testify.
Clause 12
Establishes various offences for violating the provisions of this Bill. Such offences are to empower the Commission to better discharge its functions without any form of disturbance.
Clause 13
Confers upon the Commission power to make an establishment of its staff.
Clause 14
Gives power to the Commission to appoint the Executive Secretary who must assist the Commission in the discharge of its functions.
Clause 15
Provides for the manner in which various reports may be submitted to Parliament by the Commission through the Minister.
Clause 16
Provides for various sources of the Commission’s funds.
Clause 17
Compels the Commission to keep proper books of account. The Commission is allowed to appoint an Internal Auditor in terms of this Clause.
Clause 18
Of the Bill provides for procedures for auditing of the Commission’s books of accounts. In terms of this Clause, the Auditor
NATIONAL PROSECUTING AUTHORITY (AMENDMENT) BILL, 2019
Memorandum
This National Prosecuting Authority (Amendment) Bill, 2019 is designed to improve the governance structure of the National Prosecuting Authority. The Bill also takes account of the accounting status of the Authority. The Bill provides for the appointment of Deputy Prosecutors-General to assist the Prosecutor-General in the discharge of his or her constitutional mandate.
In more detail, the Bill provides as follows—
Clause 1 sets out the short title of the Bill.
Clause 2 amends the definition section by introducing new terms used in the Bill. Notable are the following terms—
“Secretary to the Authority” which is defined by reference to section 15(2) as the Accounting Officer of theAuthority;
“Deputy Prosecutor General” which is defined by reference to section 8.
Clauses 3 and 4 deal with the membership of the Board.
Clause 5 provides for the appointment, by the Board in consultation with the Minister, of Deputy Prosecutors-General who shall head specific prosecutorial sections and other departments of theAuthority as well as supervise the members assigned thereto. The Deputy Prosecutors-General shall be subject to the direction of the Prosecutor- General on the discharge of their duties.
Clause 5 empowers the Board to appoint the Secretary to the Authority and lays out his or her functions.
Clause 6 merely makes textual changes.
Clause 7 provides that the Secretary of the Authority shall report to the Board. This is a departure from the current scenario where the Director of Administration was reporting to the Permanent Secretary of the Ministry of Justice, Legal and Parliamentary Affairs.
Clause 8 proposes that the proportions for the Court Retention Fund be redistributed to accommodate Zimbabwe Prisons and Correctional Services.
Clause 9 makes consequential amendments to the Criminal Procedure and Evidence Act [Chapter 9:07].
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5
10
15
20
BILL
To amend the National Prosecuting Authority Act [Chapter 7:20]; and to amend the Criminal Procedure and Evidence Act [Chapter 9:07] and to provide for matters connected therewith or incidental thereto.
ENACTED by the Parliament and the President of Zimbabwe.
1 Short title
This Act may be cited as the National Prosecuting Authority Amendment Bill, 2019.
2 Amendment of section 2 of Cap. 7:20
Section 2 (“Interpretation”) of the National Prosecuting Authority Act [Chapter 7:20] is amended by—
3
Amendment of section 4 of Cap. 7:20
(a) (b)
the repeal of the definitions of “Director for Administration” and “National Director of Public Prosecutions”;
the insertion of the following definitions—
““Secretary to the Authority” means the person appointed in terms of section 8A;
“Deputy Prosecutor-General” means a person appointed as such in terms of section 8;”
National Prosecuting authority (amendment)
Section 4 (“Constitution of National Prosecuting Authority”) is amended by the repeal of paragraphs (b) and (c) and substitution of—
H.B. 20, 2019.]
Printed by the Government Printer, Harare
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National Prosecuting authority (amendment) “(b) the Deputy Prosecutors-General”;
(c) the Secretary to the Authority”.
4 Amendment of section 5 of Cap. 7:20
Section 5 (“Establishment and composition of National Prosecuting Authority Board”) is amended by— 5
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