ZAMBIA SECURITY INTELLIGENCE SERVICE ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
THE ZAMBIA SECURITY INTELLIGENCE SERVICE

   3.   Continuation of the Zambia Security Intelligence Service

   4.   Director-General and employees of service

   5.   Functions of Director-General

   6.   Command and administration of service

   7.   Functions of service

   8.   Use of firearms

   9.   Staff Board

   10.   Declaration and oath of allegiance

   11.   Prohibition of publication or disclosure of information

   12.   Prohibition of entry or access to premises and documents of service

   13.   Warrant required prior to taking of certain actions

   14.   Powers of intelligence officers

PART III
THE NATIONAL INTELLIGENCE COUNCIL

   15.   Constitution of National Intelligence Council

   16.   Functions of National Intelligence Council

   17.   Meetings of council

PART IV
MISCELLANEOUS

   18.   Savings and transitional provisions

   19.   Regulations

   20.   Repeal of Zambia Security Intelligence Service Act

AN ACT

to provide for the continued existence of the Zambia Security Intelligence Service, its functions and discipline; to constitute the National Intelligence Council and define its functions; to repeal and replace the Zambia Security Intelligence Service Act, 1973; and to provide for matters connected with or incidental to the foregoing.

[20th November, 1998]

Act 14 of 1998.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Zambia Security Intelligence Service Act.

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“appointed date” means such date as the President may appoint under section 1;

“classified document or information” means any document or information as the case may be, which is a classified matter within the meaning of the State Security Act;

“classified matter” shall have the meaning assigned to it in the State Security Act;

“council” means the National Intelligence Council constituted under section 15;

“court” means a subordinate court or the High Court of Zambia;

“Deputy Director” means the person appointed Deputy Director under section 4,

“Director” means the person appointed Director under section 4;

“employee” means a person other than an intelligence officer, acting in any post or appointment in the service and any person performing any clerical or auxiliary duties;

“espionage” means an act constituting the offence of espionage as provided under the State Security Act;

“Executive Director” means the person appointed Executive Director under section 4,

“intelligence” means any information collected and processed by an intelligence officer which has a bearing on the security interests of the Republic;

“intelligence officer” means an officer of the service other than an employee;

“repealed Act” means the Zambia Security Intelligence Service Act, 1973;

“sabotage” means—

      (a)   an act intended to cause damage or injury to—

      (i)   plant, machinery, or vital installations used for the purposes of communications, transport, water, energy and electricity supply;

{mprestriction ids="1,2,3,5"}

      (ii)   buildings; and

      (iii)   any other property; with a view to assisting any person, State or organisation that is hostile to the Republic or for purposes of furthering a subversive act;

      (b)   withholding information or supplying information which has a bearing on the security interests of the Republic knowing that it will result or is likely to result in any government institution arriving at an erroneous decision;

“security” means protection from espionage, subversion and sabotage;

“Service” means the Zambia Security Intelligence Service established under section 3;

“Staff Board” means the Staff Board established under section 9; and;

“Subversion” means any act constituting an offence against public order under the Penal code or any other written law.

PART II
THE ZAMBIA SECURITY INTELLIGENCE SERVICE

3.   Continuation of the Zambia Security Intelligence Service

The Zambia Security intelligence Service established under the repealed act shall continue to exist as if established under this Act.

4.   Director-General and employees of service

   (1) There shall be a Director General and a Deputy Director General of the Service who shall be appointed by the President on such terms and conditions as the President may determine.

   (2) The Executive Director, Director and Deputy director of the Service, shall be appointed by the President.

   (3)The Director General shall appoint the intelligence officers below the rank of the Deputy Director on the advice of the Staff Board.

5.   Functions of Director-General

   (1) The Director General shall be the principal advisor to the President on security matters.

   (2) The Director General shall make an annual report on the activities of the Service to the President.

6.   Command and administration of service

   (1) Notwithstanding section 5 and subject to sub-section (2) the Director General shall, subject to the orders and directions of the President, have command, control, direction and supervision of the service, and in particular, but without derogating from the generality of the foregoing, may issue orders and instructions—

      (a)   for the general administration of the service in relation to duties, inspection, transfer, training, arms, clothing and equipment, transport and places of residence;

      (b)   for the conduct of intelligence officers and employees of the service; or

      (c)   as he may consider necessary or desirable for promoting efficiency and discipline or preventing negligence in the Service.

   (2) Notwithstanding sub-section (1), an intelligence officer appointed by the Director General shall be in charge of the Service in any place or area specified by the Director General.

7.   Functions of service

The Service shall have such functions as the president may specify, and in particular, but without derogating from the generality of the foregoing, its functions shall be to—

      (a)   protect the people and the Republic against threats and acts of espionage, subversion, sabotage and actions intended to overthrow and undermine the Government by the use of arms or other violent means;

      (b)   collect, correlate, and evaluate intelligence relevant to the security or interest of the Republic;

      (c)   Disseminate intelligence to government institutions in such manner as the president may direct;

      (d)   Co-ordinate and oversee activities relating to security intelligence of any Ministry or department of Government, the armed forces and police force;

      (e)   Advise government, public bodies or institutions, and statutory bodies or corporations on the protection of vital installations and classified documents; and

      (f)   Recommend to the government, public bodies, institutions or statutory bodies on person who may not have access to classified information.

8.   Use of firearms

Notwithstanding anything to the contrary contained in any other law, an intelligence office, shall be entitled to carry such small arms as may be prescribed by regulations made under this Act, and may, In the course of the officers duties, use such arms in circumstances where use of the arms is necessary and reasonably justifiable.

9.   Staff Board

   (1) There shall be a Staff Board which shall advise the Director General on the selection, appointment, termination of appointment, promotion and discipline of the officers below the rank of Deputy Director.

   (2) The Staff Board shall consist of a Chairman and five other members appointed by the President on the recommendation of the Director General and shall hold office at the pleasure of the President.

   (3) The Staff Board shall advise the Director General on matters affecting the welfare and efficiency of the Service.

   (4) The Director responsible for staff matters shall, ex officio, be the Secretary to the Staff Board.

10.   Declaration and oath of allegiance

   (1) At the time of joining and leaving the service, every intelligence officer or employee shall make and sign before any officer designated by the President or the Director-General, a declaration in such manner as may be prescribed by regulations.

   (2) In addition to the declarations referred to in sub-section (1), officers of the rank of Deputy Director and above shall take the oath of allegiance before the President.

   (3) Every officer or employee shall, before making the declaration referred to in sub-section (1), answer truthfully all questions put to that person as to—

      (a)   the officer’s or employee’s previous and present employment;

      (b)   whether the officer or employee has at any time been charged with or convicted of any offence; and

      (c)   any other matter the President or the Director-General may consider necessary.

   (4) Every officer or an employee who, having been required to furnish information or answer questions put to that person, knowingly and willfully gives false or misleading information shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding eight thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both.

   (5) Every person who is, on the commencement of this Act, an employee or an intelligence officer of the Zambia Security Intelligence Service established under the repealed Act, shall be bound by the provisions of this Act and shall sign the declaration referred to in sub-section (1), within three months of such commencement.

   (6) A person who fails to sign the declaration referred to in sub-section (1) within the period specified in sub-section (5), shall be deemed to have resigned from the service.

 

11.   Prohibition of publication or disclosure of information to unauthorised persons

   (1) An intelligence officer or employee of the service shall not without the consent in writing given by or on behalf of the President, publish or disclose to any person, otherwise than in the course of that officer’s or employee’s duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to that officer’s or employee’s knowledge in the course of that person’s duties or to which that person has had access owing to the position that person holds or has held or through any person who holds or has held any such office.

   (2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

   (3) If any person having any information which to that person’s knowledge has been published or disclosed in contravention of sub-section (1), unlawfully publishes or communicates any such information to any other person, that person shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.

 

12.   Prohibition of entry or access to premises and documents of service

   (1) Notwithstanding the provisions of any other written law, officers or representatives of Government ministries or departments, organizations, institutions, statutory bodies or any other unauthorised person or individual shall not, without the consent or authority of the President, or any other person designated in writing by the President in that behalf, enter any premises or component of the service or have any access to books, records, returns or other documents.

   (2) The consent of the President or any other person designated in that behalf by the President may be denied if, in the President’s opinion, or that of the person designated in that behalf by the President, such access or entry is likely to—

      (a)   prejudice the security, defence or international relations of the Republic; or

      (b)   cause damage to or compromise the operational activities of the service.

 

13.   Warrant required prior to taking of certain actions

   (1) Any entry into or interference with any property by an intelligence officer shall be unlawful unless it is authorised by a warrant issued by a court of competent jurisdiction,

   (2) The court may, on an application made by the Director-General or an officer of the rank of or above Deputy Director, issue a warrant under this section authorising the taking of such action as may be specified in the warrant in respect of anything so specified if the court considers it necessary for that action to be taken in order to obtain information which—

      (a)   is likely to be of substantial value to the service in the discharge of its functions; and

      (b)   cannot be reasonably obtained through other means.

 

14.   Powers of intelligence officers

A warrant issued under section 13 shall authorise an intelligence officer to—

      (a)   enter the premises or property owned or occupied by a person whom the officer has reasonable cause to believe is using the premises or property for carrying on businesses or activities which are likely to be used for the commission of an offence under this Act, the State Security Act, or any other written law;

      (b)   examine or search any person or persons in whose possession or control the officer believes or suspects are articles, documents or information held in contravention of this Act, the State Security Act or any other written law which articles, documents or information are likely to be used in a manner, or for a purpose, prejudicial to the safety and security interests of the Republic; and

      (c)   seize any articles, books or documents which the officer has reasonable cause to suspect will afford evidence of the commission of an offence under this Act or any other written law.

PART III
THE NATIONAL INTELLIGENCE COUNCIL

 

15.   Establishment of National Intelligence Council

   (1) There shall be a National Intelligence Council which shall consist of the following members:

      (a)   the President, who shall be the Chairman; and

      (b)   three other persons appointed by the President.

   (2) The Director-General shall be an ex-officio member and the Secretary to the council, but shall not have the right to vote.

   (3) The members appointed under paragraph (b) of sub-section (1) shall serve at the pleasure of the President.

 

16.   Functions of National Intelligence Council

The functions of the National Intelligence Council shall be to formulate and review intelligence policy and review intelligence activities.

 

17.   Meetings of council

The council shall meet for the transaction of business at such places and such times as the President may determine.

PART IV
MISCELLANEOUS

 

18.   Savings and transitional provisions

   (1) Subject to the other provisions of this Act, a person who immediately before the appointed date held office as an intelligence officer or employee of the service shall continue to hold such office as an intelligence officer or employee as the case may be, as if appointed under this Act.

   (2) The service of persons referred to in sub-section (1) shall be treated as continuous service.

   (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the service immediately before the appointed date.

 

19.   Regulations

The President may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision with respect to all or any of the following matters:

      (a)   the appointment, resignation, removal and retirement of intelligence officers or employees;

      (b)   the designation, grading and the appointments in the service;

      (c)   the salaries, allowances, pensions, gratuities, benefits and other conditions of service of the intelligence officers and employees;

      (d)   the discipline of intelligence officers and employees;

      (e)   declarations to be made by intelligence officers and employees at the time of joining and leaving the service; and

      (f)   any other matter which may, in the opinion of the President, help the service to operate efficiently.

 

20.   Repeal of Zambia Security Intelligence Service Act

The Zambia Security Intelligence Service Act, 1973, is hereby repealed.

 
 

Popular Tags