Suppression Of Foreign And International Terrorism Act [Chapter 11:21]

Chapter 11:21

Suppression Of Foreign And International Terrorism Act

Act 5/2007

(TheActwillcomeintooperationonadatetobefixedbythePresident.)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.

PART II

FOREIGN OR INTERNATIONALTERRORIST ACTIVITY AND RELATED OFFENCES

3. Engaging or participating in foreign or international terrorist activity.
4. Training as foreign or international terrorist.
5. Recruiting or training foreign or international terrorists.
6. Possessing weaponry for purposes of foreign or international terrorist activity.
7. Harbouring, concealing or failing to report foreign or international terrorist. PART III

FOREIGN OR INTERNATIONALTERRORIST ORGANISATIONS

8. Identification of foreign or international terrorist organisations.
9. Promoting, directing or belonging to designated foreign or international terrorist organisations.
10. Soliciting support for designated foreign or international terrorist organisations.

PART IV

ASSISTING FOREIGN ORINTERNATIONALTERRORISTS ANDTERRORIST ORGANISATIONS

11. Supplying weaponry to foreign or international terrorists or terrorist organisations.
12. Collection or supplying of information for purposes of foreign or international terrorist activity.
13. Materially assisting foreign or international terrorists or terrorist organisations.

PART V

GENERAL

14. Extra-territorial application of sections 3, 4, 5, 6, 9, 10, 11, 12 and 13.
15. Application of certain provisions of Part V of Cap. 9:23 and Part VI of Cap.11:17.
16. Application of Cap. 9:17 and Cap. 24:24 to property referred to in section 13.
18. Repeal of Cap.11:17.

AN ACT to provide for the suppression of foreign and international terrorism, including mercenary activities; to repeal the Foreign Subversive Organisations Act [Chapter 11:05]; and to provide for matters connected therewith or incidental thereto.

[Date of commencement : Not yet in force]

WHEREAS in 1989 the United Nations adopted the Convention against the Recruitment, Use, Financing and Training of Mercenaries;

AND WHEREAS in 1992 Zimbabwe signed and ratified the Organisation of African Unity Convention for the Elimination of Mercenarism in Africa;

AND WHEREAS in 1999 the Organisation of African Unity adopted the Convention on Prevention and Combating of Terrorism;

AND WHEREAS terrorist and related activities are an international problem, which can only be effectively addressed by means of international co-operation;

AND WHEREAS it is necessary to make provision in the domestic law of Zimbabwe for the suppression of foreign and international terrorism, including, or in addition to, mercenarism;

AND WHEREAS, notwithstanding any provision of this Act or any other law, Zimbabwe recognises that any act committed during a struggle waged by peoples, including any action during an armed struggle, in the exercise or furtherance of their legitimate right to national liberation, self-determination and independence against colonialism, or occupation or aggression or domination by alien or foreign forces, in accordance with the principles of international law, especially international humanitarian law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the said Charter, shall not, for any reason, including for the purposes of extradition or prosecution, be considered a terrorist activity;

NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows: PART I

PRELIMINARY

                       1    Short title and date of commencement

• This Act may be cited as the Suppression of Foreign and International Terrorism Act [Chapter 11:21].
• This Act shall come into operation on a date to be fixed by the President by statutory instrument:

Provided that the President may fix different dates of commencement for different provisions of this Act.

                       2    Interpretation

• In this Act

“designate”, in relation to an organisation, means designate it as a foreign or international terrorist organisation in terms of section 8;

“foreign or international terrorist organisation” means any association of persons formed with a view to—

• overthrowing or taking over the government of any foreign State by unlawful means or usurping the functions of such government; or
• conducting a campaign or assisting any campaign against the lawfully established government of any foreign State with a view to securing any of the objects or purposes described in paragraph (a); or
• engaging in foreign or international terrorist activity; whether or not such organisation is designated, and includes any branch, section or committee of the organisation and any local, regional or subsidiary association forming part of such organisation;

“foreign or international terrorist” means a person who engages in foreign or international terrorist activity;

“foreign or international terrorist activity” means

• the doing of any act inside or outside Zimbabwe against the government of any foreign State which, if committed against the Government of Zimbabwe, would constitute an act of insurgency, banditry, sabotage or terrorism; or
• engaging in mercenary activity;

“law enforcement agency” means the Police Force (including a member of the Police Constabulary as defined in section 2 (“Interpretation”) of the Police Act [Chapter 11:10]) or an intelligence service maintained by the Government, or any agency assigned by an enactment to maintain and enforce the law;

“leader”, in relation to a foreign or international terrorist organisation, means a person who directs at any level the activities of such organisation;

“member”, in relation to a foreign or international terrorist organisation, includes a person who professes to be a member of such organisation;

“mercenary activity” means the following—

• the doing of any act aimed at overthrowing a government or undermining the constitutional order, sovereignty or territorial integrity of a foreign State; or
• personal involvement or the rendering of private military-related assistance in an armed conflict between two or more States or within a State;

“Minister” means the Minister of Home Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“office-bearer”, in relation to a foreign or international terrorist organisation, means a member of the governing body of—

• the organisation; or
• any branch, section or committee of the organisation; or
• any local, regional or subsidiary association forming part of such organisation;

“officer”, in relation to a foreign or international terrorist organisation, means any person working for the organisation or for any branch, section or committee of the organisation, or for any local, regional or subsidiary association forming part of such organisation;

“official” means