DISTRIBUTED BY VERITAS TRUST Veritas makes every efft to ensure the provision of reliable infmation, but cannot take legal responsibility f infmation supplied. CHAPTER 11:09 Acts 16/1970, 27/1975 (s. 8); R.G.N. 1308/1973. ARRANGEMENT OF SECTIONS Section 1. Sht title. 2. Interpretation. 3. Espionage. 4. Prohibition of communication of certain infmation. 5. Certain acts prejudicial to safety interests of Zimbabwe prohibited. 6. Obstructing persons on guard at loitering near prohibited places. 7. Harbouring concealing certain persons and failing to rept infmation relating to feign agents. 8. Communication with feign agent proof of certain facts. 9. Proof of purpose prejudicial to safety interests of Zimbabwe. 10. Ffeiture. 11. Authity of Attney-General required f institution of criminal proceedings. 12. Extra-territial application of Act. 13. Declaration of prohibited place. AN ACT to prohibit the disclosure f any purpose prejudicial to the safety interests of Zimbabwe of infmation which might be useful to an enemy; to make provision f the purpose of preventing persons from obtaining disclosing official secrets in Zimbabwe; to prevent unauthized persons from making sketches, plans models of and to prevent trespass upon defence wks, ftifications, military reserves and other prohibited places; and to provide f matters incidental to the fegoing. [Date of commencement: 27th February, 1970.] 1 Sht title This Act may be cited as the Official Secrets Act [Chapter 11:09]. 2 Interpretation (1) In this Act document includes any book, pamphlet, recd, list, placard poster; any drawing, sketch, picture, plan photographic other representation of a place thing; any sound recding other contrivance f the reproduction of sound; enemy includes a hostile ganization; feign agent includes any person who is has been is reasonably suspected of being having been, directly indirectly, employed by the government of a country a hostile ganization f the purpose of committing in Zimbabwe elsewhere an act prejudicial to the safety interests of Zimbabwe; has is reasonably suspected of having committed attempted to commit in Zimbabwe elsewhere, in the interests of a country other than Zimbabwe of a hostile ganization, an act prejudicial to the safety interests of Zimbabwe; hostile ganization means any ganization which is an unlawful ganization in terms of the Unlawful Organizations Act [Chapter 11:13]; any other ganization operating outside Zimbabwe which is declared by the President, by notice in a statuty instrument, to be a hostile ganization on the grounds that it is furthering encouraging persons to commit acts prejudicial to the safety interests of Zimbabwe; model includes a design, pattern specimen; munitions of war means any article, material device any part thereof, whether actual proposed, 157 [Chapter 11:09]
ss 00 00 intended adapted f use in war the defence of Zimbabwe capable of being adapted f such use; prohibited place means any defence wk belonging to, occupied by used by on behalf of the State, including (i) any arsenal, military air fce establishment station, facty, harbour, camp, ship, vessel aircraft; (ii) any police camp depot at the time being used f the purposes of defence; (iii) any place used f building, repairing, making keeping munitions of war any model document relating thereto; any place where munitions of war any model document relating thereto is being built, repaired, made, kept obtained under contract with on behalf of the State of the government of any country other than Zimbabwe; any place declared by the President in terms of section thirteen to be a prohibited place f the purposes of this Act. (2) References in this Act to communicating receiving any thing, shall be construed as including a reference to communicating receiving any part the substance, effect description thereof; obtaining retaining any thing, shall be construed as including a reference to obtaining retaining any part copying causing to be copied the whole any part thereof, whether by photographic means otherwise; communicating any thing, shall be construed as including a reference to the transmission transfer thereof. 3 Espionage Any person who, f any purpose prejudicial to the safety interests of Zimbabwe [Chapter 11:09] 158
approaches, inspects, passes over is in the vicinity of enters any prohibited place; makes any model document which is calculated to be which might is intended to be useful, directly indirectly, to an enemy; obtains, collects, recds, publishes communicates to any person (i) any secret official code passwd; (ii) any model, article, document other infmation which is calculated to be which might is intended to be useful, directly indirectly, to an enemy; shall be guilty of an offence and liable to imprisonment f a period not exceeding twenty-five years. 4 Prohibition of communication of certain infmation (1) Any person who has in his possession under his control any secret official code passwd any model, article, document infmation which relates to is used in a prohibited place relates to any thing in a prohibited place; has been made obtained in contravention of this Act; has been entrusted in confidence to him by a person holding an office in the service of the State; he has obtained to which he has had access owing to his position as a person who holds has held office in the service of the State as a person who holds has held a contract made on behalf of the State a contract the perfmance of which in whole in part is carried out in a prohibited place as a person who is has been employed under a person who holds has held such an office contract; and who (i) communicates such code, passwd, model, article, document infmation to any person, other than a person to whom he is authized to communicate it a person to whom it is in the interests of Zimbabwe his duty to communicate it; (ii) uses such infmation in any manner f any purpose prejudicial to the safety interests of Zimbabwe; (iii) retains such model, article document in his possession under his control when he has no right to retain it when it is contrary to his duty to retain it, fails to comply with any directions issued by lawful authity with regard to the return disposal thereof; (iv) fails to take proper care of so conducts himself as to endanger the safety of such model, article, document, code, passwd infmation; level fourteen to imprisonment f a period not exceeding twenty years to both such fine and such (1a) F the avoidance of doubt it is declared that subsection (1) shall not apply to the disclosure in accdance with the Access to Infmation and Protection of Privacy Act [Chapter 10:27] of any document infmation by a person who, being the head of a public body as defined in that Act, has lawfu access to the document infmation. (2) Any person who has in his possession under his control any model, article, document infmation which relates to (i) munitions of war any military matter; (ii) the preservation of the security of Zimbabwe the maintenance of law and der by the Police Fce any other body ganization appointed established by the Government f the purpose of assisting in the preservation of the security of Zimbabwe; and publishes communicates such model, article, document infmation to any person in any manner f any purpose prejudicial to the safety interests of Zimbabwe; twenty thousand dollars to imprisonment f a period not exceeding twenty years to both such fine and such (3) Any person who receives any secret official code passwd any model, article, document infmation, knowing having reasonable grounds to believe, at the time when he receives it, that the code, passwd, model, article, document infmation is communicated to him in contravention of this Act, shall, unless he proves that the communication thereof to him was against his wish, be guilty of an offence and liable to a fine not exceeding twenty thousand dollars to imprisonment f a period not exceeding twenty years to both such fine and such 5 Certain acts prejudicial to safety interests of Zimbabwe prohibited (1) Any person who f the purpose of gaining assisting any other person to gain admission to a prohibited place f any other purpose prejudicial to the safety interests of Zimbabwe without lawful authity, uses wears any military, air fce, police other official unifm of Zimbabwe any unifm so closely resembling the same as to be calculated to deceive falsely represents himself to be a person who is has been entitled to use wear any such unifm; ally in writing in any declaration application in any document signed by him on his behalf knowingly makes any false statement omits any relevant fact; fges, alters tampers with any passpt any official pass, permit, certificate, licence other document, hereinafter in this section referred to as an official document, uses has in his possession (e) any fged, altered irregular official document; impersonates falsely represents himself to be a person holding, in the employment of a person holding, office in the service of the State to be not to be a person to whom an official document a secret official code passwd has been duly issued communicated, with intent to obtain an official document any secret official code passwd, whether f himself f any other person, knowingly makes any false statement; uses has in his possession under his control without lawful authity any official die, seal stamp of Zimbabwe any die, seal stamp so closely resembling any such official die, seal stamp as to be calculated to deceive counterfeits any such official die, seal stamp uses has in his possession under his control any such counterfeited die, seal stamp; level twelve to imprisonment f a period not exceeding ten years to both such fine and such (2) Any person who 159 [Chapter 11:09]
ss 10 13 (e) retains f any purpose prejudicial to the safety interests of Zimbabwe any official document, whether not completed issued f use, when he has no right to retain it when it is contrary to his duty to retain it fails to comply with any directions issued by lawful authity with regard to the return disposal thereof; allows any other person to have possession of any official document issued f his use alone; communicates to any person any secret official code passwd issued f his use alone without lawful authity excuse has in his possession any official document secret official code passwd issued f the use of some person other than himself; on obtaining possession of any official document, whether by finding otherwise, neglects fails to hand it over to the person authity by whom f whose use it was issued to a police officer; without lawful authity excuse, the proof whereof lies on him, manufactures sells has in his possession f sale any die, seal stamp referred to in paragraph (e) of subsection (1); level twelve to imprisonment f a period not exceeding ten years to both such fine and such 6 Obstructing persons on guard at loitering near prohibited places Any person who in the vicinity of a prohibited place, obstructs, knowingly misleads otherwise interferes with a person engaged on guard, sentry, patrol other similar duty in relation to the prohibited place; is found loitering within one hundred metres of a prohibited place and who fails to depart therefrom upon being requested to do so by any person referred to in paragraph ; level six to imprisonment f a period not exceeding two years to both such fine and such 7 Harbouring concealing certain persons and failing to rept infmation relating to feign agents Any person who knowingly harbours conceals any person whom he knows has reason to believe to be a person who is about to commit who has committed an offence in terms of this Act knowingly permits any such persons to meet assemble in any premises in his occupation under his control; having harboured concealed any such person permitted such persons to meet assemble in any premises in his occupation under his control, wilfully omits refuses to disclose to any police officer any infmation it is in his power to give in relation to any such person; being aware that any feign agent any person who has been is in communication with a feign agent, whether in Zimbabwe elsewhere, is in Zimbabwe, fails fthwith to rept to any police officer the presence of any infmation it is in his power to give in relation to any such feign agent person; shall be guilty of an offence and liable to a fine not exceeding level twelve to imprisonment f a period not exceeding ten years to both such fine and such 8 Communication with feign agent proof of certain facts (1) F the purposes of this section a person shall, unless he proves the contrary, be presumed to have been in communication with a feign agent if (i) he has, in Zimbabwe elsewhere, visited the address of a feign agent associated consted with a feign agent; (ii) in Zimbabwe elsewhere, the name address of any other infmation regarding a feign agent has been found in his possession under his control has been supplied by him to any other person has been obtained by him from any other person; any place in Zimbabwe elsewhere reasonably suspected of being a place used f the receipt of communications intended f a feign agent at which a feign agent resides to which he rests f the purpose of giving receiving communications at which he carries on any business shall be deemed to be the address of a feign agent and any person who addresses delivers communications to collects communications from such an address shall be deemed to have been in communication with a feign agent. (2) If, in any prosecution against a person f an offence in terms of section three, it is proved that he has been in communication with attempted to communicate with a feign agent in Zimbabwe elsewhere, it shall, unless the contrary is proved, be presumed that he has f a purpose prejudicial to the safety interests of Zimbabwe obtained attempted to obtain infmation which is calculated to be which might is intended to be, directly indirectly, useful to an enemy. 9 Proof of purpose prejudicial to safety interests of Zimbabwe (1) If, in any prosecution under this Act upon a charge of committing an act f a purpose prejudicial to the safety interests of Zimbabwe, it appears from the circumstances of the case the conduct known character of the accused as proved that his purpose was a purpose prejudicial to the safety interests of Zimbabwe, it shall be presumed, unless the contrary is proved, that the purpose f which that act has been committed is a purpose prejudicial to the safety interests of Zimbabwe. (2) If, in any prosecution under this Act upon a charge of making, obtaining, collecting, recding, publishing communicating any thing f a purpose prejudicial to the safety interests of Zimbabwe, it is proved that it was made, obtained, collected, recded, published communicated by any person other than a person acting under lawful authity, it shall, unless the contrary is proved, be presumed that the purpose f which it was made, obtained, collected, recded, published communicated is a purpose prejudicial to the safety interests of Zimbabwe. 10 Ffeiture Where a person is convicted of an offence in terms of this Act a court may, in addition to any fine term of imprisonment imposed in terms of this Act, der that any equipment used f the purpose of in connection with the commission of the offence shall be ffeited to the State: Provided that if it is proved that such equipment is not the property of the person convicted and that its owner was unaware that the equipment was being so used; and [Chapter 11:09] 160
unable to prevent its use f the purpose of in connection with the commission of the offence; the court shall not make any such der in respect thereof. 11 Authity of Attney-General required f institution of criminal proceedings Where any person is brought befe a court on a charge of committing an offence in terms of this Act; attempting to commit inciting another person conspiring with another person to commit an offence in terms of this Act; being an accessy after the fact of the commission of an offence in terms of this Act; no further proceedings in respect thereof shall be taken against him without the authity of the Attney-General except such as the court may think necessary by way of remand to secure the due appearance of the person charged. 12 Extra-territial application of Act (1) This Act shall apply also in respect of any act which constitutes an offence in terms of this Act and is committed outside Zimbabwe by a person who is a citizen resident of Zimbabwe. (2) A person shall not be deemed to have ceased to be a resident of Zimbabwe f the purposes of subsection (1) by reason only of his absence therefrom, if he retains a home in Zimbabwe; he is absent from Zimbabwe f a tempary purpose; he is domiciled in Zimbabwe. (3) In any proceedings f any offence referred to in subsection (1) it shall be presumed, unless the contrary is proved, that the person accused was at all times a citizen resident of Zimbabwe. 13 Declaration of prohibited place (1) If it appears to the President to be necessary expedient that any premises area should be a prohibited lace f the purposes of this Act, he may by der declare such premises area to be a prohibited place f the purposes of this Act. (2) An der in terms of subsection (1) shall be made in writing signed by on behalf of the President and addressed to the owner occupier of the premises area; and shall specify (i) the extent of the premises area declared to be a prohibited place; and (ii) any measures necessary f demarcating the premises area; and shall be served on the owner occupier of the premises area by a person appointed by the President: Provided that where the premises area is owned by the State occupied by a department of the State, the der shall be addressed to and served on the Secretary to the Ministry responsible f the administration of the premises area occupying the premises area, as the case may be. (3) The owner occupier of any premises area on whom an der is served in terms of subsection (2) shall, at his own expense, erect cause to be erected at near such premises area, within such period as may be specified by the President in the der, warning notices in accdance with such provisions as may be specified by the Minister by notice in a statuty instrument. (4) If the owner occupier fails to comply with subsection (3), the Minister may cause such measures to be taken and recover by action in a competent court the expenses incurred in doing so from the owner occupier concerned. (5) The President may at any time revoke amend an der in terms of subsection (1) by causing a further der in writing signed by him on his behalf to be served on the owner occupier of the premises area to which the firstmentioned der relates. Note on recent amendments The amendment has been amended on two occasions since the publication of the Revised Edition in 1996 as regards penalties, in sections 4, 5, 6 and 7, by the Criminal Penalties Amendment Act, 2001 (No. 22 of 2001), with effect from the 20th May, 2002 by the insertion of a new subsection (1a) in section 4 by section 92 of the Access to Infmation and Protection of Privacy Act [Chapter 10:27] (No. 5 of 2002) with effect from the 15th March, 2002. All the amendments are reflected in this print-out. 161 [Chapter 11:09]