Anti-Terrorism Act, 2007
This section defines key terms used in the Act, including “authorised officer” and “terrorism and terrorist act.”
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 21 of 2007
- Version
- 12 Sept 2007
- Language
- en
- Official source
- View official record ↗
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Statute overview
About this statute
This section defines key terms used in the Act, including “authorised officer” and “terrorism and terrorist act.” The Act’s inspection and seizure powers extend to electronic or magnetic records, including access through the custodian’s facilities and seizure of the storage device. The High Court may try offences under this Act, subject to the rest of the Act. Certain offences committed outside Zambia are treated as having been committed in Zambia if the listed conditions apply. A person who directs the activities of an organisation concerned in terrorism commits an offence and, if convicted, is liable to life imprisonment. A person who possesses an article for terrorism-related purposes commits an offence and, if convicted, faces life imprisonment.
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Provisions of Anti-Terrorism Act, 2007
Showing 71 of 71
Part
PART I
- 2 Verify source ↗
(I) In this Act, unless the context otherwise requires
This section defines key terms used in the Act, including “authorised officer” and “terrorism and terrorist act.”
2. (I) In this Act, unless the context otherwise requires "Anti-Corruption Commission" has the meaning assigned to it in the Anti-Corruption Commission Act; Shon title Interpretation "Authorised officer"' means (a) a police officer; (b) a customs officer; (c) an immigration officer; (d) an army officer; (e) an intelligence officer; (/) an officer from the Drug Enforcement Comm1ss1on; 358 [ llio. 21 of 2007 Anti-Terrorism Cap. 96 Cap. I IS Cap. 387 Cap. 387 Cap. I 10 Cap. 123 Cap. 466 Cap. 30 Cap. 107 :•qeclare� terr!)rist organisation" has the meaning assigned to 11 m section sixteen; "Drug Enforcement Commission" has the meaning assigned to it in the Narcotic Drugs and Psychotropic Substances Act; "exP,losive" has the meaning assigned to it under the Explosives Act; "financial institution" has the meaning assigned to it in the Banking and Financial Services Act; "financial service p_rovider" has the meaning assigned to it in the Banking and Financial Services Act; "fireann" has the meaning assigned to it under the Firearms Act and includes an air gun or air pistol; "immigration officer" means an officer having funcifons under the7mmigration and Deportation Act; "inland waters" means such waters as may be declared to be inland waters by the President under the Inland Waters ShippingAct; · : "legal practitioner" has the meaning assigned to it in the Legall'ractitioners Act; "organisation" includes any association <>r combination of persons; ·'police officer" has the meaning assigned to it in the Zambia PohccAct; "premises'' includes a vehicle, an offshore installation, a tent or moveable structure; ,.,_ "property" includes P.roperty wherever situated, whether real or personal, herital:ile or moveable, things in action and other intangible or incorporeal property; ,; ' "record" includes- (a) a photographic record; (b) an electronic or magnetic record; and (c) any computer, disk, t;ipe, apparatus or thing in or on which a record 1s stored; and "terrorism and terrorist act" means an act or omission in or outside Zambia and is intended, or by its nature and context, may reasonably be regarded as being intended to intimidate or threaten the public or a section of the public or compel a government or an international organisation to do, or refrain from doing, any act, and is made for the purpose of advancing ,,. ...... 1:.: ... ,.., :.J ...... 1 ........ : ... ,.,1,..._ ..... 1: .... : ........ .................. ...1 ••• i.: ... t. . , ,, _ ... . · ._,_ .. · Anti-Terrorism [ No. 21of2007 359 ' . ' ,, (j) involves the use of firearms or explosives; (g) involves the release into the environment or any part thereof or distributing or exposing the public or any part thereof to any dangerous, hazardous, radioactive, harmful substance, toxic chemical, microbial or other biological agent or toxin; (h) is designed or intended to disrupt any computer system or the provision of services directly related to communications, infrastructure, banking or financial services, utilities, transportation or other essential infrastructure or services; (i) is designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services; 0) causes serious risk to national security; (k) causes damage to a vessel or is likely to endanger the safe navigation ofany vessel on inland or international waters; and (I) causes damage to any aircraft or airport, is intended to or is likely to cause damage to any air navigation facilities or endanger the safety and lives of persons and property, affect the operations of air services or undermine the confidence of the public in the safety of civil aviation; and "vessel" includes a ship, fishing vessel and any water craft used or capable of being used as a means of transportation on water. (2) In this Act, a reference to action taken for thepurposes of terrorism includes a reference to action taken for the benefit of a declared terrorist organisation. (3) Any protest, demonstration or stoppage of work shall not be considered as a terrorist act if the act is not intended to result in any serious bodily harm to a person, damage to property, endanger a person's life or create a risk to human health or public safety; and IA\ 6 ..• ---� .. •. • •• • � •• • • • • • I 1 •• . • . .... . I • • - 1 Verify source ↗
• . 6 ... ,. . •-• .1 ..• • •
The Act’s inspection and seizure powers extend to electronic or magnetic records, including access through the custodian’s facilities and seizure of the storage device.
1. • . 6 ... ,. . •-• .1 ..• • •- 360 [ No, 21 of 2007 Anti-Terrorism (b) where it is not reasonably practicable (i) to allow an officer or person full and free access to the record using facilities of, or in the custody or under thecontrol of, the person on whom the requirement is imposed; or (ii) to produce or deliver up a documentary or a hard copy version of the record. (5) A power conferred by or under this Act to inspect any record shall, in relation to an electronic or magnetic record, be construed as a power to require full and free access to the record using the facilities of the person having custody or control ufthe record, and any neglect or failure by that person to afford such access shall be deemed to constitute obstruction of the officer or person exercising the power. (6) /1. power conforred by or under this Act to seize and retain a record includes. in relation to an electronic or magnetic record, a power to seize any computer, disk, tape or other thing on which the record is stored. · ' Jurisdiction ofHigh Coun - 3
The High Court may try offences under this Act, subject to the rest of the Act. Certain offences committed outside Zambia are treated as having been committed in Zambia if the listed conditions apply.
3. ( l) Subject to the other provisions of this Act, the High Court has jurisdiction to try any offences under this Act. (2) Any person who commits an offence outside Zamqia is deemed to have committed that offence in Zambia if-- (11) that person is a Zambian citizen; (hi that pe,·son is not a Zambian citizen but is ordinarily resident in Zambia; (c) that person, after the commission of the offence, is present in Zambia; or , -, ., (dj that person has committed the offence against a Zainbian citizen or against a person who is ordinarily resident in Zambia. Anti-Terrorism [ No. 21 of2007 361 · · - 6 6. ( I ) A person who for purposes of or in connecrion with terrorism provides instruction or training in terrorism or the making or use of- \Vi!apons and rcrrorism training (a) firearms or explosives; or (b) chemical. biological, radiological or nuclear weapon;; commits an offence and is liable-, upon conviction, to imprisonment for I ife. (2) A person who for purposes of, or in connection with. terrorism receives instructions or training in terrorism or in the making or use of- (a) firearms or explosives, or (b) chemical, biological, radiological or nucleii1 weapc,is; commits an offence and is liable, upon conviction, ro imprisonment for life. (3)A person who invites anothcn0 recciw instruction ortraini.1g, or recruits any person for instruction, training or memb�1·ship to a terrorist group the receipt or membership whereof.- (a) would constitute an offence under subsection (2); or (b) would constitute an offence under subsection (2) but for the fact that it is to take place outside Zambia; commits an offence and is liable, upon conviction, to imprisonment for life. (4) For the purposes of this scction- (a) a reference to the provision or instruction includts a reference to making it available either generally or to one or more specific persons; and (b} an invitation to receive instruction or training may be eithc1 general or addressed to one or more specific persons. (S) Nothing in this section shall be construed as prohibiting- 362 [ No. 21 of 2007 Anti-Terrorism Directing terrorist organisation Possession of article for terrorist purposes Collection of information for Lerrorist purpos�s
- 7
A person who directs the activities of an organisation concerned in terrorism commits an offence and, if convicted, is liable to life imprisonment.
7. A person who directs the activities of an organisation which is concerned in the commission of acts of terrorism commits an offence and is liable , upon conviction, to imprisonment for life. - 8
A person who possesses an article for terrorism-related purposes commits an offence and, if convicted, faces life imprisonment.
8. A person who possesses an article for a purpose connected with Lhe commission, preparation or instigation ofan act of terrorism commits an offence and is liable, upon conviction, to imprisonment for life. - 9 Verify source ↗
1 o·
A person acting for terrorism-related purposes must not collect, make or transmit certain information records, or possess certain documents or records. Conviction can lead to imprisonment of at least 10 years and up to 20 years.
9. ( ! ) A person who for purposes of or in connection with terrorism- (aj col lects, makes or transmits a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism; or (h) possesses a document or record containing infori;;�lion likely 10 be used for a terrorist act; · · commits an offence and is liable, upon conviction, to imprisonment for a period of not less than ten years but not exceeding twenty years. (2) In this section "transmit" includes- (a) sending by telephone, e-mail, voice-mailor other telecommunication method; and (bj making available on the internet. Incitement of olTt:nces - 10 Verify source ↗
Section 10
A person must not incite, aid, abet, counsel, procure, or solicit terrorism-related acts; doing so is an offence punishable by life imprisonment.
10. ( I ) A person who incites another person to commit an act of terrorism commits an offence and is liable, upon convicti<fn, to imprisonment for I ife. Aiding. abetting. COOSP.iracy, etc or terrorist act (2) For the purposes of subsection ( I ), it is immaterial whether or not the person incited is in Zambia at the time of the incitement. 1 t . A person who aids, abets, counsels, procures, incites or solicits the commission ofa terrorist act, commi·, an offence and is liable upon conviction, to imprisonment for life. 1 ?. . A n�rc::nn whn lrnnwinCllV m�l-Pc:: � fnl11:P rPnnrt nr i11:c.:nP11: Anti-Terrorism I No. 21 of 2007 363 Allcmpts to commit act of terrorism, etc Causing damage to public place, facility, etc - 14
A person who conspires in or attempts to commit an act of terrorism commits an offence and may be imprisoned for life if convicted.
14. A person who conspires in or attempts to commit an act of terrorism commits an offence and is liable, upon conviction, to imprisonment for life. - 15 Verify source ↗
( I ) A person who unlawfully and intentionally delivers,
A person who intentionally uses an explosive or similar lethal device against certain public or infrastructure sites commits an offence and can be imprisoned for life.
15. ( I ) A person who unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a Government facility, a public transportation system or an infrastructure facility with- {a) intention to cause death or serious bodily harm; or (b) intention to cause extensive destruction to the place, facility or system, where destruction results in or is likely to result in major economic loss; comm its an offence and is liable, upon conviction, to imprisonment for life. (2) A person commits an offence under this section if that person- {a) participates as an accomplice in an offence under subsection ( I); (b) organises or directs others to commit an offence under subsection ( I ); or (c) in any way contributes to the commission of one or more offences under this sectionthrough a group of persons acting with a common purpose; and is liable, upon conviction, to imprisonment for life. (3) In th is section - "energy" has the meaning assigned to it in the Energy Regulation Act; Cap. 436 "explosive or other lethal device" means- (a) an explosive or incendiary weapon, or device that is designed, or has the capability, to cause death, 364 ( No. 21 of2007 Anti-Terrorism "fuel" has the meaning assigned to it in the Energy Regulation Act; "Government facility" includes any permanent or temporary facil ity or conveyance that is used or occupied by representatives of the State, members of Government, the Legislature, the Judiciary, any officer or employees of the State or any other public authority or entity, or officers or employees of an intergovernmental organisation in connection with their o_fficial duties; "infra;tructure facility" means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewerage, energy, fuel or communications; and "place of public use" means those parts of any building, land, street, waterway or other location that areaccessible or open to members of the public, whether continuously, periodically or occasional ly, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreatio.11,al or similar place that is so accessible or open to the public. PART Ill DECLARED TERRORIST ORGANISATION
Part
PART Ill
- 16 Verify source ↗
Declared terrorist organisations
An organisation is a declared terrorist organisation if the Minister declares it, it uses the same name as one so declared, or it has been declared by the UN Security Council or African Union; the section also describes when an organisation is engaged in terrorism.
16. ( I ) For the purposes of this Act, an organisation is a declared terrorist organisation if- (a) the Minister has, by notice, under this section, declared the organisation to be engaged in ter·orism; (bj the organisation operates under the same name as an organisation referred to in paragraph (a); or . . (c) the organisation has been dee Jared by the Security dduncil nfthP-1 Jnitf'!rl 'NMionc. Ormmi<.Rtion or 1hP. A frimm T Tninn . !' ' Ami-Terrorism [ No. 21 of 2007 365 (4) For purposes of subsection (3), an organisation is engaged in terrorism ifit- (a) commits or participates in acts of terrorism; (b) prepares for terrorism; (c) promotes or encourages terrorism; or (d) is otherwise involved in terrorism. - 17 Verify source ↗
Section 17
A person commits an offence if they form, own, belong to, or claim to belong to a declared terrorist organisation; conviction can lead to life imprisonment.
17. ( I ) A person who forms, owns, belongs or professes to M,m!,, •:·'; belong to an organisation that is a declared terrorist organisation commits an offence and is liable, upon conviction, to imprisonment for life. (2) II is a derence for a person charged with an offence under subsection ( I ) to satisfy the court, on a balance ofprobabilities- (a) that the organisation was not a declared terrorist organisation under this Act on the last or only occasions on which the person became a member or began to profess to be a member; and (b) that the person has not taken part in the activities of the organisation at any time while it was declared a terrorist organisation under this Act. - 18 Verify source ↗
Section 18
A person commits an offence by inviting support for a declared terrorist organisation or by arranging, managing, or helping arrange a meeting for certain terrorist-support purposes.
18. ( I ) A person who invites support for a declared terrorist organisation commits an offence. :,apport ons ··,,, .. ,,;,,g,, (2) A person commits an offence who arranges or manages, or assists in arranging or managing. a meeting which the person knows is to- (a) support a declared terrorist organisation ; (b) further the activities of a declared terrorist organisation: or (c) be addressed by a person who belongs or professes to belong to a declared terrorist organisation. 366 [ No. 21 of2007 Anti-Terrorism Meaning of "terrorist property" Fundraising and other support (5) A person convicted of an offence under this section is liable to imprisonment for life. PART IV TERRORIST PROPERTY
Part
PART IV
- 19 Verify source ↗
Section 19
This section defines “terrorist property” and explains what counts as proceeds and an organisation’s resources.
19. (I) In th is part, "terrorist property" means- (a) money or other property which has been, is being or is intended to be used for the purposes of terrorism; (b) money or other property owned or controlled by or on behalf of a terrorist organisation; (c) proceeds of the commission of acts of terrorism; and (d) proceeds of acts carried out for the purposes of terrorism. (2) In this section- (a) a reference to proceeds of an act includes a reference to any property which wholly or partly, and whether directly or indirectly, represents the proceeds of the act, including payments or other rewards in connection with its commission; and (b) a reference to an organisation's resources inclupes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organisation. - 20
A person commits an offence if they invite someone to provide or make available money or other property while intending it to be used for terrorism; conviction can lead to life imprisonment.
20. ( I) A person who- (a) invites another to provide or make avrilable money or other property; and ,., · (b) intends that any money or other property should b<:fu'sed for the purposes of terrorism; commits an offence and is liable, upon conviction, to imprisonment for life. (2) A person who-- .; J Anli-Terrorism I No. 21 of2007 367 (3) A reference in this section to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration. - 21
Using, causing, permitting, possessing, or intending to use money or other property for terrorism is an offence punishable by life imprisonment.
21. ( 1 ) A person who knowingly uses, or who causes or permits any other person to use, money or other property for the purposes of terrorism commits an offence and is liable, upon conviction, to imprisonment for life. Use and possession of terrorist property. (2) A person who- ; I (a) possesses money or other property; and (b) intends that it should be used for the purposes of terrorism; commits an offence and is liable, upon conviction, to imprisonment for life. - 22
A person commits an offence if they join or take part in an arrangement that helps another person keep or control terrorist funds.
22. ( ! ) A person who enters into or becomes involved in an arrangement whereby the retention or control by or on behalf of another person of terrorist funds is facilitated, whether- Assis�ing in retenuon or control of terrorist funds (aJ by concealment; (b) by removal from the jurisdiction; (c) by transfer to nominees; or (d) in any other way; commits an offence and is liable, upon conviction, to imprisonment for life. (2) It is a defence for a person charged with an offence under this section to satisfy the court that the person did not know and had no reasonable cause to suspect that the arrangement related to terrorist funds. (3) In this section, "terrorist funds" means--- (a} funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of ta .... ,...r;cm• · , 368 I No. 21 of 2007 Anti-Terrorism Co-upt·nu:,�, \,·ith aut�1or! �rd off;, ... �r (a; a financial service or any service for the satl:'keeping any property; (bj any forged or falsified document; (c) a,:cess to any premises, vehicle, vessel, aircraft or place; (dj access to any communications equipment or capability; or (e) any services, skill or expertise of any kind; 24 intending that the same should be used, or having reasonable cause to suspect that it will be used, for the purposes of terrorism, commits an offence and is liable, upon conviction, to imprisonment for life. ( I) Subject to subsection (2), a person does not commit an offoncc under any of the provisions of this Part by involvement in a t,.ansaction or arrangement relating to money or other property if, as soon as practicable after becoming involved in the transaction or arrangement, and on that _person's own initiative, the person di.;closes to an authorised ofhcer- (aj the person's suspicion or belief that the money or other property is terrorist property; and (b) the information on which that person's suspicion or belief is based. 12) Subsection ( 1 ) does not apply to a person if- (a) an authorised officer forbids the person to continue the person's involvement in the transaction or arrangement to which the disclosure relates; and i''I (b) the person continues that person's involvement,� (3) It is a defence for a person charged with an offence under sections twentv to rwentv-two to satisfy the court on a balance of probabilities that- (a) the person intended to make a disclosure of the kind referred to under subsection ( I); and (b) there is a reasonable excuse for the person's failure to make a disclosure. (4) Where a person is in employment and the person's employer has established a procedure for the making of disclosures that may be made to an authorised officer under subsection (I), this section shall have effect in relation to that ()erson as if a reference in this s_ection to disclosure to a police officer_ included a reference to ,•, Anti-Terror.ism [ No. 21 of2007 369 (a) has a defence of absolute priviledge in respect of the publication to the authorised officer of the disclosure in preceedings for defamation; (b) on whom a provision of any written la'¾. other than this Act, imposes a duty to maintain conndentiality with respect fo any information disclosed is taken not to have committed an offence against that written law; (c) who is subject to an,obligation by w�y 9foat)11 rule of law or practice to mamtam confident1ahty w1tn respect to the disclosure, is taken not to have breached the oath, rule ofl�w or practice or a law relevant to the oath, rule or practice; and (d) is not liable to disciplinary action because of the disclosure. ' . - 25
The Attorney-General may ask the High Court for orders requiring a person or a financial institution to provide documents or records linked to suspected terrorism matters, and an authorised officer may search and remove records under such an order.
25. ( I ) Where the Attorney-General has reasonable grounds Property tracking to susP,ect that a person.has copupitted, is c,ommitting qr is about to commit an act of terrorism or is m possession of terrorist property, the Attorney-General may, for the P.U!'P,oses of investigating an offence under this Act, apply to the High Court for an order- (a) compelling the persop 19 deliver up any docume9t o.r record relevant to ideqllfymg locatmg or quantifying an� property belonging to at person or m that person s possession or control; !h '· . (b) requiring a bank or any other financial institution trustee or cusfodian to produce all information and de iver up all documents and records regarding any business transaction conducted by or on oehalf of the person. 1 (2)An order made under this section may authorise an authorised officer to enter any premises, including a bank or other financial institution, and search the P.remises and remove any documents or records for the purposes ol executing the order. (3) AnY, person who delays, interferes with or wilfull;x obstructs an authorised officer in the exercise of powers under tfiis section, commits an offence and is liable, upon conviction, to imprisonment for a period of twenty years. - 26
The Attorney-General and authorised officers may seek court orders to freeze, seize, detain, and manage money or property linked to a suspect or terrorist property, with notice and time limits.
26. ( I ) The Attorney-General may make an ex parte Attachment· application to the High Court for a provisional order temporarily of property suspending dealings relating to any money or other property due or owmg or oelonging to, or held on behalf of.- (a) a person in this section referred to as a "suspect" charged or about to be charged with an offence under this Act or with anoffence wllich constitutes an act of terrorism; or 370 [ No. 21 of 2007 Anti-Terrorism (3) An order made under this section may- (a) prohibit any person from making money or other property available to or for the benefit of the organisation or suspect; (b) provide for the granting or authority to make money or other property available to any person and on such conditions as may be specified in the order; (c) require a person to provide such information or produce such documents or records as may be reasonably required· for the investigation of an offence under this Act; or (d) include such other condition as the court may impose. ( 4) The court may appoint a suitable person to manage the assets of an organisation or suspect during the period of operation of an order made under this section. ., (5) The Attorney-General shall- (a) cause notice of an order made under this section to be published in the next issue of the Gazette and in two daily newspapers of general circulation in the area; (b) give notice of the order to- (i) any bank, financial institution or other business person; and (ii) any other person who the .6 ttomey-General knows or suspects may hold or be vested with property belonging to or held on behalf of-ithe organisation or suspect. e · (6) An order under this section shall lapse upon the expiry of thirty days from the date of the order unless the High Court, after hearing the parties, otherwise directs. Anti-Terrorism [ No. 21 of 2007 371 (2) An authorised officer may seize money under this section if the officer reasonably suspects only part of the money to be terrorist property, where it is not reasonably practicable to seize that part only of the money. (3) An authorised officer may exercise powers under subsection (I), whether or not any proceedings have been brought for an offence in connection with any terrorist money. ( 4)An authorised officer shall, as soon as is reasonably practicable and in any event not laier than seven days after the seizure of any money under this section, make an application to the High Court for a detention order with respect to that money. (5) The court shall not make an order for detention of any money unless it is satisfied that there are reasonable grounds for suspecting that the money is terrorist property. (6) Subject to subsection (8), any order made under this section shall remain valid for a period of sixty days, and, unless the money is to be produced before the court in proceedings against any person for an offence with which the money is connected, may be renewed for further periods of not more than thirty days at a time, by the High Court, on further application. (7) Any money detained under th is section shall be deposited by an authorised officer in an interest-bearing account with a bank and shall be released by order of the High Court to a person appearing to the court to be lawfully entitled to it- (a) where the conditions under subsection (5) are no longer met; or (b) ifno proceedings have been brought in connection with the money within six months of the seizure of the money. (8) In this section, "authorised officer" means- , 1 ·; ; ' I , 1 (a)the Commissioner of Customs and Excise holding office as such under the Customs and Excise Act; Cap. °322 ,n \ ,1 ..... . ' I 372 [ No. 21 of 2007 Anti-Terrorism Forfeiture of terrorist property functions of office for the purposes of this section. '. . ' (9) For the purpose of this section, "money" means (a) coins and notes in any currency; (b) postal orders; (c) travellers' cheques; (d) bankers' drafts; (e) such other kinds of negotiable or monetary instrument as may be prescribed by rules made under this Act; and (j) a deposit in a bank or other financial institution traceable to money in any of the forms mentioned in paragraphs (a) to (e). - 28
A court may order forfeiture of property linked to terrorism-related convictions and must hear affected third parties before making the order.
28. (I) The court before which a person is convicted of an offence under this Act or an offence under any other Act that constitutes an act of terrorism within the meaning of this Act, may make a forfeiture order in accordance with the provisions of this section. (2) Where a person is convicted of an offence under section jive or six, of this Actthe court may order the forfeiture of anything which the court considers was in the person's possession for purposes connected with the offence. :a (3) Where a person is convicted of an offence under subse'cdon (I) or (2) of section twenty or under section twenty-one the court may order the forfeiture of any money or other property- (a) which, at the time of the offence, the person had in possession or under that person's control; and , . (b) which, at that time, the person intended should be.used for the purposes of terrorism. ( 4) Where a person is convicted of an offence under subsection (2) of section twenty, the court may order the forfeiture of any monev or other orooertv- ' ' i :' Anti-Terrorism [ No. 21 of2007 373 (a) to which the arrangement in question related; and (b) which, at the time of the offence, the person knew was terrorist property or would or might be used for the purposes of terrorism. (6) Where a person is convicted of an offence under sections twenty to twenty-three, the court may order the forfeiture of any money or other property which wholly or partly, and whether directly or indirectly; is received by any person as a payment or other reward in connection with the commission of the offence. (7) Before making an order under this section, a court shall afford any person- (a) who is not a party to the proceedings; and (b) who claims to be the owner of or other wise interested in any of the property which may be forfeited under this section; an opportunity to be heard. (8) The First Schedule shall have effect in respect of forfeiture orders under this section. PART Y TERRORIST INVESTIGATIONS 29, ( I ) In this Part- "terrorist" means a person who-- (a) has committed an offence under this Act; or (b) is or has been involved in the commission, preparation or instigation of acts of terrorism; and "terrorist investigation" means an investigation of-- (a) the commission, preparation or instigation of acts of terrorism; Meaning of .. terrorist'' and ''terrorist investigation" 374 [ No. 21 of 2007 Anti-Terrorism Detention orders Powers of arrest
Part
PART Y
- 30
An authorised officer may arrest a person without a warrant if the person has committed, is committing, or is reasonably suspected of committing an offence under this Act.
30. Any authorised officer may arrest without warrant any person who has committed or is committing or whom the authorised officer has reasonable grounds for suspecting to have committed or to be committing an offence under this Act. - 31
An authorised officer may apply to a High Court judge for a detention order, but first needs the Attorney-General’s written consent. The judge may order detention only if that consent exists and there are reasonable grounds tied to an offence or interference with an investigation. The order starts at up to 14 days and can be extended, but total detention cannot exceed 30 days, and the order must state where and how detention will occur.
31. { I ) Subj ect to subsection (2), an authorised officer �ay, for the purpose of preventing the commission of an offence under this Act or preventing interference in the investigation of an offence under this Act, apply ex parte, to a judge of the High Court for a detention order. (2) An authorised officer shall before making an application under subsection ( ! ), obtain the prior written consent of the Attorney-General. (3) A Judge to whom an application is made under subsection (I) may make an order for the detention of the person named in the application if the j udge is satisfied that the written consent of the Attorney-General has been obtained as required by secti.ofi,(2) and that there are reasonable grounds to believe or suspect thN- (a) the person is preparing to commit an offence under this Act; or (b) is interfering, or is likely to interfere with, an investigation into an offence under this Act. · " ( 4) An order under subsection (3) shall be for a period not exceeding fourteen days in the first instance and may, on application made by an authorised officer, be extended for a further period, provided that the maximum period of detention under the order does not exceed thirty days. (5) An order under subsection (3) shall specify the place al which the person named in the order is to be detained and the conditions subject to which the person is to be detained including conditions relating to access to a government medical officer and the video recording of the person in detention so as to constitute an accurate f'/"\"ti,.,1 11"\ I I C: ,:in,l 1 1 r, i ni'o.fl'llr'\fo.,1 .-.o,... ..... r,-I l"\ft,.._.o no..-11'1"\1"\ IC" ,,lot.:,,11t:,....,. fn.- Anti-Terrorism [ No. 21 of2007 375 (a) to enter any premises specified in the warrant; (b) to search any premises, any person and inspect any document, record or thing, found in the premises; and (c) to seize and retain any relevant material,including any relevant document, record or thing found in the premises. (3) Ajudge shall not issue a warrant under subsection (2) unless the judge is satisfied that- (a) the warrant is sought for the purpose of a terrorist investigation; and (b) there are reasonable grounds for believing that there is material on the premises which may be relevant to the terrorist investigation. - 33
In urgent cases, an authorised urgency officer may enter and search premises or other places without waiting for a warrant, and may also search persons, vehicles, vessels, and aircraft in the specified circumstances.
33. ( I ) Where, in a case of urgency, communication with a Powers of [�v c":i��•i?" judge to obtain a warrant would cause delay that may be prejudicial to the maintenance of public safety or public order, an authorised urgency officer may, notwithstanding any other Act, with the assistance of such other authorised officers as may be necessary- (a) enter and search any premises or place, if the police oftkei has reason to suspect that, within those premises or at that place- (i) an offence under this Act is being committed or is likely to be committed; or (ii) there is evidence of the commission of an offence under this Act; (h) search any person or vehicle found on any premises or place which the police officer is empowered to enter and search under paragraph (a); (c) stop, board and search any vessel, aircraft or vehicle if the police officer has reason to suspect that there is in it 376 I No. :Zl of 2007 Anti-Terrorism within forty-eight hours of doing so and the judge shall make such orders as the judge thinks fit in respect of the matter. (3) Where a seizure is effected under this section, a list of all the articles seized shall be prepared and signed by the authorised officer who effected the seizure and shall forthwith be delivered- (a) to the person on whom the search is made; or (b) to the owner of the premises, place, vessel, aircraft or vehicle searched. - 34
An authorised officer may seek an interception of communications order from a High Court judge, but must first get the Attorney-General’s written consent.
34. (\) Subject to subsection (2), an authorised officer may, for the purpose of obtaining evidence of the commissiO!l}?f an offence under this Act, apply, ex parte, to a Judge of the High Court, for an interception of communications order. '·1 · (2) An authorised officer shall, before making an application under subsection ( 1), obtain the prior written consent of the Attorney-General. (3)Ajudge to whom an application is made under subsection (I) may make an order- Power to intcrceJ?t anmirucanon and admissibility of intercept�d (a) requiring a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by:cthat communications service provider; or (b) authorising the authorised officer to enter any premises and to install on such premises,any device for the interception and retention of a specified communicati<;>n or communications of a specified description and to remove and retain such device; • , ., ' if the judge is satisfied that the written consent of the Attorney General has been obtained as required by subsection (2) and that there are reasonable grounds to believe that material information Anti-Terrorism f No. 21 of 2007 377 Power to' gather mfonnation (b) intercepted and retained in a foreign State in accordance with the law of that foreign State and certified by a Judge of that foreign state to have been so intercepted and retained; shall be admissible in proceedings for an offence under this Act, as evidence of the truth of its contents notwithstanding the fact that it contains hearsay. - 35
An authorised officer needs the Attorney-General’s prior written consent before applying for a High Court order to gather information; people named in the order must answer and produce items unless privilege or non-disclosure applies.
35. ( I ) Subject to subsection (2), an authorised officer may, for the purpose of an investigation of an offence under this Act, apply ex parte to a Judge of the High Court for an order for the gathering of information. (2) An authorised officer shall before making an application under subsection ( I ) obtain the prior written consent of the Attorney General. (3)Ajudge to whom an application is made under subsection ( I ) may make an order fo r the gathering of information if the judge is satisfied that the written consent of the Attorney-General has b�en obtained as required by subsection (2) and- (a) that there are reasonable grounds to believe that- (i) an offence under this Act has been committed; and (ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the authorised officer of having committed the offence, is likely to be obtained as a result of the order; or (b) that- (i) there are reasonable grounds to believe that an offence under this Act will be committed; (ii) there are reasonable grounds to believe that a 378 [ No. 21 of2007 Anti-Terrorism (4) An order made under subsection (3) may- (a) order the examination, on oath or not, of a person named in the order; (b) order the person to attend at the place fixed by the judge, or by the judge designated under paragraph (d), as the case may be, for the examination and to remain in attendance until excused by the presidingjudge;_ (c) order the person to bring to the examination any document or thing in that person's possession or control, and produce it to the presidingj udge; (d) designate another judge as the j udge before whom the examination is to take place; and (e) include any other terms or conditions that the judge considers desirable, including terms or 0onditions for the protection of the interests of the person named in the order and of third parties or for the protection of.any ongoing investigation. .,, (5) An order made under subsection (3) may be executed anywhere in Zambia. ( 6) The judge who made the order under subsection (3 ), or another judge of the same court, may vary its terms and condition�: _ (7) A person named in an order made under subsection (3) shall answer questions put to the person by the Attorney-General or the Attorney-General's representative, and shall produce to the presiding judge documents or things that the person was ordered to bring, but may refuse to do so if answering a question or producing a document or thing would disclose information that is protect�d by the law relating to non-disclosure of information or privilege,·· (8) The presidingjudge shall rule on an objection or other:issue relating to a refusal to answer a question or to produce a document or thing, Anti-Terrorism [ No. 21 of2007 379 evidence; and {b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against that person, other than in a prosecution for perjury or giving false evidence. (I O)A person has the right to retain and instruct a legal prac_titioner at any stage of the proceedings under this section. ( 1 1 ) The presidingjuage, if satisfied that any document or thing produced during the course of the examination is likely to be relevant to the investigation of any offence under this Act, shall order that the document or thing shall be given into the custody of the police officer or someone acting in the police officer's behalf. - 36
The Second Schedule applies to obtaining financial information for a terrorist investigation.
36. The Second Schedule shall have effect with respect to obtaining financial information for the purposes of a terrorist investigation. Power to obtain financial information - 37 Verify source ↗
3 8
The Third Schedule gives powers to examine people arriving in or leaving Zambia, and those powers apply even if another right exists under the Immigration and Deportation Act.
37. (I) The Third Schedule shall have effect to confer powers to examine persons arriving in or leaving Zambia and for related purposes. Port and border controls (2) The powers conferred by the Third Schedule shall be exercised notwithstanding any right conferred by the Immigration and Deportation Act. - 38 Verify source ↗
Section 38
A person who knows or has reason to suspect a terrorist investigation must not disclose information likely to prejudice it or interfere with relevant material; doing so is an offence punishable by 20 years’ imprisonment.
38. (I) A person who, knowing or having reasonable cause to suspect that an authorised officer is conducting a terrorist investigation- Cap. 123 Disclosure of inforrnation1 etc •• '! (a) discloses to another person anything which is likely to prejudice the investigation; or (b) interferes with material which is likely to be relevant to the investigation; commits an offence and is liable, upon conviction, to imprisonment for a period of twenty years. . .. ' .. ' ,, 380 [ No. 21' of2007 Anti-Terrorism commits an offence and is liable, upon conviction, to imprisonment for a.period of twenty years. • .. j (3) It is a defence for a person charged with an offence under this section to satisfy the court- (a) that the person did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation; or (b) that the person had a reasonable excuse for the disclosure or interference. (4) Nothing in this section applies to a disclosure which is made by a legal practitioner- {a) to the legal practitioner's c lient o: to the clients representative in connection withthe provision oflegal advice by the legal practitioner to the client and not with a view to furthering a criminal pUfPOse; or /1 (h) to any person for the purpose of actual or contemplated legal proceedings and not with a view to furtherli\g a criminal pUfPOSe. PART VI EXCLUSION ORDERS Making and effect of exclusion orders
Part
PART VI
- 39 Verify source ↗
Making and effect of exclusion orders
The Minister may make an exclusion order against a person linked to terrorism-related conduct, barring that person from being in or entering Zambia.
39. ( I ) Where the Minister is satisfied that any person (a) is or has been involved in the commission, preparatip� or instigation of acts of terrorism in Zambia; or -·i e. (b) is attempting or may attempt to enter Zambia with a view to being involved in the commission, preparation or instigation ofacts of terrorism; the Minister may make an exclusion order against the p�i'son prohibiting the person from being in, or entering, Zambia. (2) In deciding whether to make an exclusion order under this Anti-Terrorism [ No. 21 of 2007 381 (5) This section has effect notwithstanding any provision of the Immigration and Deportation Act. Cap. 123 (6) A person who is the subject ofan exclusion order may apply to the High Court for review of the order. 40, (I) A person who is subject to an exclusion order and who fails to comply with the order at a time after the person has been, or has become liable to be, excluded under this Act commits an offence and is liable, upon conviction, to imprisonment for a period of not less than ten years but not exceeding twenty years. (2) A person who- (a) is knowingly involved in arrangements for securin!' or facilitating the entry into Zambia of a person whom that person knows, or has reasonable grounds for believing, to be the subject of an exclusion order; or (b) harbours such a person in Zambia; Offences in connection with exclusion orders " commits an offence and is liable to imprisonment for a period of not less than ten years but not exceeding twenty years i· PART VII MUTUAL ASSISTANCE AND EXTRADITION
Part
PART VII
- 41 Verify source ↗
Section 41
The Attorney-General may disclose certain terrorism-related information to a foreign State’s competent authority if requested.
41. ( 1 ) The Attorney-General may, at the request of a competent authority of a foreign State, disclose to that authority any information in the Attorney-General's possession relating to any of the following: Exchange of infonnation (a) the actions or movements of persons suspected of involvement in acts of terrorism; (b) the use of forged or falsified travel papers by persons involved in acts of terrorism; (c) traffic in weapons and sensitive materials by persons suspected of involvement in acts of terrorism; (d) the use of communications technologies by persons 382 [ No. 21 of 2007 Anti-Terrorism Other requests from foreign States - 42 Verify source ↗
Section 42
The Attorney-General may act on a foreign State’s request about terrorism-related offences or terrorist property in Zambia, and the High Court may authorise search, seizure, tracking, attachment, or forfeiture orders.
42. ( I ) Where a foreign State makes a request for assistance in the investigation or prosecution of an offence constituting an act of terrorism, or for the tracking, attachment or forfeiture of terrorist property located in Zambia, the Attorney-General may- ( a) execute the request; or {b) decline to execute the request, or delay its execution, and inform the foreign State making the request of the reasons therefor. (2) Where the Attorney-General decides to execute a request for assistance under subsection {l ), the Attorney-General may in the manner prescribed apply to the High Court for- {a) an order in writing authorising an officer- (i) to search the premises, search anyperson and inspect any document, record or thing, found therein; and (ii) to seize and retain any relevant material, including any relevant document, record or thing, fo\1nd therein. (h) a property tracking order under section twenty-jive; (c) an attachment order under section 1wenty-six; or (d) an order for forfeiture of property under section twenty eight. (3) The High Court may make an order under th is section on such conditions as it may deem fit to impose, including any conditions as to payment of debts, sale, transfer or disposal of any property. (4) For the purposes of subsection (3), the provisions of this Act relating to the tracking, attachment and forfeiture of property.shall apply, with the necessary modification, in respect of any act1done or alleged to have been done outside Zambia- (a) which constitutes an offence under this Act; or Anti-Terrorism .••l [ No. 21 of 2007 383 · Rcquests,to foreign : - States and retain a record includes, in relation to an electronic or magnetic record, a power to seize any disk, computer or other thing on which the record is stored: Provided that, where a person having custody or control of a computer, magnetic tape or other thing on which a record is stored captures the record on a disk or other more portable object from which the officer executing the order is capable of obtaining ready access to the record, the power shall be exercised in relation tothe more portable object. - 43 Verify source ↗
Section 43
The Attorney-General may ask a foreign State for evidence, information, or assistance with terrorist property, and may apply to court for orders linked to foreign-state evidence gathering.
43. ( I ) The Attorney-General may make a request to any foreign State- ( a) to provide evidence or information relevant to an offence under this Act; or (b) for the tracking, attachment or forfeiture of terrorist property located in that State. (2) Where the foreign State to which a request for assistance is made under subsection ( 1 ) requires the request to be signed by an appropriate competent authority, the Attorney- General shall, for the purposes only of making such a request, be considered as the appropriate competent authority. (3) The Attorney-General may, in respect of any proceedings for an offence under this Act, apply to the High Court for an order directed to any person resident in a foreign State to deliver oneself or any document, record, material or thing in that person "s possession or under that person's control to the jurisdiction of the court or, subject to the approval of the foreign State, to the jurisdiction of a court of the foreign State for the purpose of giving evidence in relation to those proceedings. (4) Evidence taken, pursuant to a request under this section, in any proceedings in a court ofa foreign State may, ifit is authenticated, be admitted in evidence in any proceedings to which it relates. (5) For the purposes of subsection (4), a document is 384 [ No. 21 of 2007 Anti-Terrorism Form of request - 44 Verify source ↗
(I) A request under section forty-two or forty-three shall
A request under sections 42 or 43 must be written, dated, and signed, and it can be sent by writing, facsimile, or other electronic means.
44. (I) A request under section forty-two or forty-three shall be in writing and shall be dated and signed by or on behalf ofi'he person making the request. (2) A request may be transmitted in writing or by facsimile or by any other electronic device or means. (3) A request shall- (a) confirm either that an investigation or prosecution is being conducted in respect of a suspected offence related to terrorism or that a person has been convicted of an offence related to terrorism; (b) state the grounds on which any person is being investig;i.ted or prosecuted for an offence related to terrorism ·-or details of the conviction of the person; (c) give sufficient particulars of the identity of the person; (d) give particulars sufficient to identify any bank, financial institution or financial service provider or other person believed to have information, documents, record or materials which may be of assistance to the investigation or prosecution; (e) request assistance to obtain from a bank, financial institution, financial service provider or other person any information, document, record or material which may be of assistance to the investigation or prosecution;,"'< (f) specify the manner in which and the person to whom any information, document, record or material obtained pursuant to the request is to be produced; (g) state whether an attachment order or forfeiture order is required and identify the property to \le the subject of such an order; and (h) contain such other information as may assist the execution of the reauest. ' ' Anti-Terrorism [ No. 21 of 2007 385 Counter terrorism convention as basis of exµ-iµlition property forfeited under section twenty-eight, or the value thereof, be returned or remitted to the requesting State. - 45 Verify source ↗
Counter terrorism convention as basis for extradition
The Minister responsible for foreign affairs may deem a counter-terrorism convention to be an extradition agreement in certain cases, and the Attorney-General must investigate and, if needed, take action when a Zambian citizen is arrested abroad for terrorism-related conduct.
45. (I) Where Zambia is a party to a counter-terrorism convention and there is in force an extradition agreement between the Government of Zambia and another State which is a party to that convention, the extradition agreement shall be deemed, for the purposes of the Extradition Act to include provision :or extradition in respect of offences falling within the scope of that convention. (2) Where Zambia is a party to a counter-terrorism convention and there is no extradition agreement in force between the Government of Zambia and another State which is a party to that convention, the Minister responsible for foreign affairs may, by order published in the Gazette, deem the counter-terrorism convention, for the purposes of the Extradition Act, to be an extradition agreement between the Government of Zambia and that State, providing for extradition in respect of offences falling within the scope of that convention. (3) Where a citizen of Zambia has been arrested in another country under a law of that country relating to terrorism, the Attorney-General shall employ all due diligence to ascertain the circumstances of the case and, if necessary, take such action as the circumstances of the case may require. PART VIII GENERAL
Part
PART VIII
- 46
Search powers under this Act are treated as including power to search a container, and power to stop a person is treated as including power to stop a vehicle.
46. ( 1 ) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container. Powers to stop,and search (2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle. (3) Any search of a person carried out pursuant to this Act shall J - . ' ./l 1 386 [ No. 21 of 2007 Anti-Terrorism General's behalf, shall be received in evidence and shall, until the contrary is proved, be deemed to have been given or made by the Minister or the Attorney-General, as the case may be. (2) A document bearing a certificate which B (a) purports to be signed by or on behalf of the Ministi:r. or the Attorney-General; and · , ;'f (b) states that the document is a true copy of a notice or direction given or order made by the Minister or the Attorney-General for the purposes ofa provision of this Act; shall be evidence of the document in legal proceedings. (3) Nothing.in this section limits the operation of any provisions Cap. 43 of the Evidence Act. ( 4) Where in any proceedings for an offence under this Act, a question arises as to whether any thing or substance is a weapon, a hazardous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, a certificate purp9,rting to be signed by an appropriate authority to the effect that the thing or substance described in the certificate is a weapon, hazardous, radioactive or a harmful substance, a toxic chemical or microbial or other biological agent or toxin, shall be admissible in evidence without proof of the signature or authority of the person appearing to have signed it and shall, in the absence of evidence to the contrary, be proof of the facts stated therein. Compensation of Victims of Terrorism Fund - 48
A Victims of Terrorism Fund is established and must be administered under rules made by the Minister.
48. (I) There is hereby established the Compensation of Victims of Terrorism Fund, which shall be ..idministered in accordance with rules to be made by the Minister. (2) There shall be paid into the Fund B (a) such fines as shall be imposed and paid pursuant to any convictions under this Act; -. Anti-Terrorism [ No. 21 of 2007 387 (a) the giving ofnotice to persons affected by an application under this Part; and (b) the joinder of those persons as parties to the proceedings. - 50 Verify source ↗
Powers to stop and search
The Minister may make regulations by statutory instrument and may amend the Schedules to the Act.
50. ( 1 ) The Minister may, by statutory instrument, make regulations for or with respect to any matter which by this Act is required or permitted to be prescribed or which is necessary or expedient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) The Minister may, by statutory instrument, amend the Schedules to this Act. Regulations '. r .. • FIRST SCHEDULE (Section 28 (8)) FORFEITURE ORDERS
Part
Schedules to this Act.
- 1 Verify source ↗
Section 1
This section defines “forfeited property” and “receiver,” and says a court may make a further order when it makes a forfeiture order.
1. In this Schedule- Interpretation "forfeited property" means the money or other property to which a forfeiture orders applies; and "receiver" includes the Official Receiver acting as receiver or manager of property and a person who acts as a trustee, liquidator, receiver or manager under the applicable bankruptcy or insolvency law. ( 1 ) Where a court makes a forfeiture order, it may make such - 2 Verify source ↗
Section 2
The court may require forfeited property to be paid or handed to the court’s Registrar, or appoint a receiver to take, realize, and pay over the proceeds.
2. other provision as appears to it to be necessary for giving effect to the order, and in particular may- (a) require any of the forfeited property to be paid or handed over to the Registrar of the court; (b) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realize it in such manner as the court may direct and to pay the proceeds to the Registrar of the court; ' 1 lmJ?lementatiori of forfeiture orders · . I l ; , ... j , I 388 ( No. 21 of 2007 Anti-Terrorism Remuneration of receiver - 3
A receiver must be paid from realized property proceeds, or by the Treasury if those proceeds are not enough, and is protected from liability for certain actions taken in good faith about property believed to be forfeited.
3. ( I ) A receiver appointed under paragraph 2 shall be paid the receiver's remuneration and expenses out of the proceeds 'of the realized property paid to the Register ofa court under paragraph 2. (2) Where proceeds are insufficient, the receiver shall be entitled to be paid the receiver's remuneration and expenses by the Treasury. (3) A receiver shall not be liable to any person· in respect of any loss or damage resulting from action- (a) which the receiver takes in relation to property which is not forfeited property, but which the receiver reasonably believes to be forfeited property; (b) which the receiver would be entitled to take if the property ' ., .. , were forfeited property; and (c) which the receiver reasonably believes that the receiver may take because of the belief that the property is forfeited property. (4) Subparagraph (3) does not apply in so far as the loss or damage is caused by the receiver's negligence. - 4
If the prosecutor or the defendant applies, the registrar of the court must issue a certificate for a forfeiture order.
4. The registrar of a court that makes a forfeiture order shall issue a certificate in respect of a forfeiture order if an application is made by- . (a) the prosecutor in the proceedings in which the forfeiture .:..1 . ,}·, . order was made; or (b) the defendant i n those proceedings. -: - 5
Money subject to a forfeiture order cannot be finally disposed of for six months after the order, and insolvency rules can affect how the property is treated.
5. ( I ) Subject to subparagraph (2) of paragraph 2 of this Schedule, during the period of six months following the making of a forfeiture order, no money which is subject to the order, or which represents any property subject to it, shall be finally disposed.of under this Schedule. (2) Where any money or property is subject to a forfeiture order (a) the commencement· of an insolvency occurs, or has Certificate as to forfeiture Protection of creditors Anti-Terrorism [ No. 21 of 2007 389 subparagraph (3) shall apply in relation to the property in question. (3) If property subject to a forfeiture order is sold, the proce-,ds of the sale-- ' " ( a) shall cease to be subject to the forfeiture order and any ancillary order; and (b) shall be dealt with in the insolvency proceedings as if the forfeiture order had never been made. (4) Where- (a) subparagraph (3) would, but for this subparagraph, apply in relation to any property; and (b) any person acting in pursuance of the forfeiture order or any ancillary order has entered into a contract for the sale of the property, or has incurred any other obligations in relation to it; that subparagraph shall not take effect in relation to the property, or the proceeds of its sale, unless the obligations have been discharged. (5) Where, by virtue of subparagraph (3), any money or other property falls to be dealt with in insolvency proceedings, the Minister shall be taken to be a creditor in those proceedings to the amount or value of that property but, notwithstanding any provision contained in or made under any other enactment, the debt shall rank after '.he debts of all other creditors and shall not be paid until the other creditors have been paid in full. (6) Where by virtue of subparagraph (3), any property ceases to be subject to a forfeiture order in consequence of the making of a bankruptcy order or an award of sequestration and subsequently the bankruptcy order is annulled or the award of sequestration is recalled or reduced, the property shall become subject to the forfeiture order and any ancillary order. 390 [ No. 21 of 2007 Anti-Terrorism Cap. 82 Cap. 388 Protection of insolvency (8) In this paragraph "the commencement of an insolvency" means- (a) the making of a bankruptcy order under the Bankruptcy Act; or (b) in the case of a company- (i) the passing of a resolution for its winding up; or (ii) the making of an order by the court for the winding up of the company, where no such resolution has been passed, in accordance with the Companies Act; and "final disposal" in relation to any money, means its payment to the Treasury in accordance with this Schedule, and "finally dispose" shall be construed accordin�ly.
Part
Schedule, during the period of six months following the making of a
- 6
Police may require certain financial institutions to provide customer information for a terrorist investigation, and institutions that fail to comply commit an offence. A receiver is generally not liable for seizure or disposal done under stated conditions, except for negligence.
6. (!) Where- (aJ a receiver seizes or disposes of any property in relation to which the receiver's functions are not exercisable because it is for the time being subject to a forfeiture order; and ·: " {b) at the time of seizure or disposal, the receive bel1�tes and has reasonable grounds for believing that the receiver is entitled, whether in pursuance of a court order or otherwise, to seize or dispose of any property; the receiver shall not be liable to any person in respect of any ioss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by the receivers negligence in so acting. (2) A receiver shall have a lien on the property or the proceeds � b �e- '1 (a) for the expenses that the receiver incurred in connection with insolvency proceedings in relation to whicWthe ·•. Anti-Terrorism [ No. 21 of 2007_ • 391 SECOND SCHEDULE (Section 36) FINANCIAL INFORMATION l. ( I ) Where an order has been made under this Schedule in Orders relation to a terrorist investigation, a police officer of or above the rank of inspector named in the order may require a bank, financial service provider or a financial institution to provide customer information for the purposes of the investigation. (2) The information shall be provided in such manner and within such time as may be specified in the order. (3) No customer information affecting money belonging to a client, held by a legal practitioner, shall be the subject of an ex parte order under this Schedule. (4) A bank, financial service provider or a financial institution which fails to comply with a requirement under an order commits an offence and is liable-to a penalty not exceeding five hundred thousand penalty units. (5) It is a defence for an institution charged with an offence under subparagraph (3) to satisfy the court, on a balance of probabilities- (a) that the information required was not in the institution's possession; or (b) that it was not reasonably practicable for the institution to comply with the requirement. - 2 Verify source ↗
Section 2
The High Court must make an order under this Schedule when a qualifying police officer or the Attorney-General applies.
2. ( I )An order under this Schedule shall be made by the High Court on the application of a police officer above the rank of inspector or the Attorney-General. Procedure (2) Rules of court may make provision with respect to the procedure for an application for an order under this Schedule. • 392 [ No. 21 of 2007 Anti-Terrorism Meanin_g of ·'financ1al institution",etc Cap. 387 - 4
The Schedule defines certain banking terms by reference to the Banking and Financial Services Act, and keeps a former bank or financial institution treated as such for customer-information duties linked to an earlier time period.
4. ( l ) ln this Schedule, "bank", "financial institution'\ and "financial service provider"have the meanings assigned to them under the Banking and financial Services Act. Customer infonnatlon Act No. 14 of 2001 (2) An institution which ceases to be a bank, financial service provider or a financial institution for the purposes of this Schedule, whether by virtue of rules made under this Act or otherwise, shall continue to be treated as a bank, financial institution or financial service provider for the purposes of any requirement under paragraph I to provide customer information which relates to a time when the institution was a bank, financial institution or financial service provider as the case may be . . - 5
This provision defines “customer information” and explains when a business or customer relationship exists for banks, financial institutions, and financial service providers.
5. ( l ) Tn this Schedule, "customer information" means -. . : (a) information as to whether a business relationship exists or existed between a bank, financial institution or financial service provider and a particular customer; (b) a customer's account number; (c) a customers full name; (d) a customer's date of birth; (e) a customer's address or former address; (j) the date on which a business relationship between a bank, financial institution or financial service provider and a customer begins or ends; (g) any evidence ofa customer's identity obtained by a bank, financial institution or financial service provider in pursuance of or for the purposes of the Prohibition and Prevention of the Money Laundering Act, 200 1 ; a13d (h) the identity of a person sharing an account with a customer. (2) For the purposes of this Schedule, there is a business or customer relationship between a bank, financial institution or financial service provider and a person if- ,, . Anti-Terrorism [ No. 21 of 2007 393 (a) to be customer infonnation for the purpose of this Schedule; or (b) to cease to be customer information for the purposes of this Schedule. - 6
If an institution commits the specified offence with officer consent, connivance, or neglect, both the officer and the institution are guilty, and conviction can lead to up to 2 years’ imprisonment, a fine of up to 200,000 penalty units, or both.
6. ( I ) Where an offence under subparagraph ( 4) of paragraph I is committed by an institution and it is proved that the offence-- (a) was committed with the consent or connivance of an officer offence by , " body corporate, etc of the institution, cir (b) was attributable to neglect on the part ofan officer of the institution; the officer and the institution shall be guilty of the offence, (2) Where a person is convicted of an offence under subparagraph (4) of paragraph 1 by virtue of this paragraph, the person is liable to imprisonment for a tenn not exceeding two years or to a fine not exceeding two hundred thousand penalty units, or to both. (3) In the case ofan institution which is a body corporate, in this paragraph "officer" includes B (a) a director, manager or Secretary; (b) a person purporting to act as a director, manager or Secretary; and {c) if the affairs of the body are managed by its members, a member, (4) In the case ofan institution which is a partnership, in this paragraph Aofficer means a partner. (5) In the case of an institution which is an unincorporated association other than a partnership, in this paragraph "officer" means a person concerned in the management or control of the • 394 [ No. 21 of 2007 Anti-Terrorism Cap. 322 (c) an officer from the Drug Enforcement Commission; (d) an immigration officer_; and {e) a customs officer who is designated for the purpose of this Schedule by the Commissioner of Customs and Excise; "port" means- (a) a port within the meaning of the Customs and Excise Act; or {b) such other point of entry into or exit from Zambia as the Minister may designate by notice published in the Gazette; "port manager" means any person having custody, control or management of a port; "ship" includes a vessel or hovercraft; and "vehicle" includes a train. Information - 2 Verify source ↗
An examining officer may question a perso,·, who has arrived
An examining officer may question a person arriving in or leaving Zambia by ship, vehicle, or aircraft to check for terrorist suspicion or an exclusion order.
2. An examining officer may question a perso,·, who has arrived in or who is seeking to leave Zambia by ship, vehicle or aircra� for the purpose of determining- (a) whether there is any reasonable cause to suspect that the person is a terrorist; or Questioning {b) whether the person is subject to an exclusion order. - 3
A person questioned under paragraph 2 must give requested information and show a passport or identity-and-citizenship document; an examining officer may also authorize removal for detention, and detention under this paragraph normally ends within six hours unless another power applies.
3. A person who is questioned under paragraph 2 shall- (a) give the examining officer any information in the person's possession which the officer requests; {b) produce to the examining officer on request either a valid passport which includes a photograph or an9tper document which establishes the person's identity and citizenship; Anti-Terrorism [ No. 21 of2007 395 • ,, < • t ,,, (b) detain a person. (2) For the purpose of detaining a person under this paragraph, an examining officer may authorize the person's removal from a ship, aircraft or vehicle. (3)Aperson detained under this paragraph shall, unless detained under any other power be released not later than the end of the period of six hours beginning with the time when the examination begins. - 5
An examining officer may search a ship, aircraft, or conveyance if the officer reasonably believes it is carrying or harbouring a terrorist or something likely to be used for terrorist purposes.
5. An examining officer may search a ship, aircraft, or conveyance which the officer has reasonable grounds to believe is carrying or harbouring any terrorist or thing likely to be used for terrorist purposes. . . ' Searching of vessels and aircraft - 6
An examining officer may search the person being questioned, related items, and a ship or aircraft for specified items when determining whether the person is a terrorist.
6. An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether the person is a terrorist- Search of per.sons (a) search the person; (b) search anything which the person has or which belongs to the person and which is on a ship or aircraft; (c) search anything which the person has , or which belongs to the person and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft; and (d) search a ship or aircraft for anything falling within paragraph (b). ' " - 7
An examining officer may examine certain goods to check for terrorism links and may detain things for examination or related criminal or ministerial decisions, subject to a three-day limit in one case.
7. ( !)An examining officer may examine goods to which this paragraph applies for the purpose of determining whether the goods have been used in the commission, preparation or instigation of acts of terrorism. (2) This paragraph applies to goods which have arrived in or are -'- -··• • - 1 - - • · - '7---1. : - -- - -L!- -!----G. - - ---t. = - 1 - Examining of goods ' • I 396 [ No. of 2007 Anti-Terrorism (a) is given to an examining officer in accordance with paragraph 3; (b) is searched or found on a search under paragraph 5 or 6; or (c) is examined under paragraph 7. (2)An examining officer may detain any thing- (a) for the purpose of examination, for a period not exceeding three days beginning with the day on which the detention commences; (b) which may be required for use in any criminal proceedii1gs; or (c) which may be required in connection with a decision by the Minister whether to make an exclusion order or not. Designation of control areas - 9 Verify source ↗
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The Minister may give written notice to ship or aircraft owners or agents to set control areas in ports in Zambia and to impose passenger embarkation/disembarkation conditions or restrictions.
9. ( I ) The Minister may, by notice i n writing, toan owner or agent of any ship or aircraft- (a) designate control areas in any port in Zambia; and (b) specify conditions for or restrictions on the embarkation or disembarkation of passengers in a control area. (2) Where an owner or agent of a ship or aircraft receives a notice under subparagraph ( 1) in relation to a port, the OWJ}jlr or agent shall take all reasonable steps to ensure, in respect of ihe ship or aircraft- (a) that passengers do not embark or disembark at the port outside a control area; and (b) that any specified conditions are met and any specified restrictions are complied with. - 10 Verify source ↗
( 1 ) The Minister may, by notice in writing, to a port
The Minister may, by written notice, require a port manager to display a notice in specified places in control areas, and the port manager must take reasonable steps to comply.
10. ( 1 ) The Minister may, by notice in writing, to a port manager- Control area facilities . ' ., . Anti-Terrorism [ No. 21 of 2007 397 (d) require the port manager to display, in specified _locations in control areas, a notice containing specified information about the provisions of this Schedule in such form as may be prescribed. (2) Where a port manager receives notice under subparagraph (I), the port manager shall take all reasonable steps to comply with any requirement set out in the notice. - 11
The Minister may require arriving passengers to complete and show a card, and may also require ship or aircraft owners or agents to give passengers the cards.
11. (I) The Minister may, by order, make provision requiring a person who disembarks in Zambia from a ship or aircraft, ifrequired to do so by an examining officer, to complete and produce to the officer a card containing such information in such form as the order may specify. (2) An order under this paragraph may require an owner or agent of a ship or aircraft employed to carry passengers for rew1rd to supply the passengers with cards in the form required by virtue of subparagraph (I). - 12
An examining officer may require an owner or agent of a ship, vehicle, or aircraft to provide information, and the owner or agent must comply within the period specified by the order.
12. (I) This paragraph applies to a ship, vehicle or aircraft which arrives or is expected to arrive in Zambia. (2) An examining officer may request an owner or agent of a ship, vehicle or aircraft to provide such information as the officer may require for the purposes of this Act. (3) An owner or agent shall comply with a request made under subparagraph (2) within such period as the order may specify. ( 4) A request to an owner or agent may relate (a) to a particular ship, vehicle or aircraft; (b) to any passenger or member of the crew; (c) to all ships, vehicles or aircraft of the owner or agent; or (d) to a specified ship, vehicle or aircraft. - . .. . . {5) A passenger or member of the crew on a ship, vehicle or . Information cards Inform At ion from owner of vessel or aircraft ., 1 • I I I I I I I I 398 [ No. of 2007 Anti-Terrorism Offences - 13
A person commits an offence if they fail to comply with a duty or breach a prohibition under this Schedule.
13. ( 1 ) A person who-- (a) fails to comply with a duty imposed under or by virtue of this Schedule; or (b) contravenes a prohibition imposed under or by virtue of this Schedule; commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding eighty thousand penalty units, or to both. FOURTH SCHEDULE (Section 39) Excu;s10N ORDERS In this Schedule, "examining officer" has the meaning assigned Interpretation Duration - 2 Verify source ↗
Section 2
The Minister may revoke an exclusion order at any time, and revoking it does not stop a further exclusion order from being made against the same person.
2. order made by the Minister. (I ) An exclusion order may be revoked at any time by a further , 1 (2) The revocation of an exclusion order against a person shall not prevent the making of a further exclusion order against the person. Notice of order - 3
A notice of an exclusion order must be served within 14 days, but there is no duty to take service steps while the person is outside Zambia.
3. (1) A notice of the making of an exclusion order shall be served on the person against whom it has been made within fourteen days of the making of the order. (2) Nothing in this paragraph imposes an obligation to take any steps to serve a notice on a person at a time when the person is outside Zambia. (3) Where the person against whom an exclusion order is in\de is not for the time being detained by virtue of this Act, notice of the making of the order may be served on the person by posting It to the person's last known address or by the publication of a notice in the Gazette or newspaper of general circulation in the area. • Anti-Terrorism [ No. 21 of 2007 399 - 5
This provision lets examining officers arrest or remove certain people for detention, and requires ship or aircraft captains to stop disembarkation when directed. It also creates an offence for a captain who does not take reasonable steps to comply, with imprisonment or a fine.
5. ( I ) A person in respect of whom directions for removal may be given under paragraph 4 may be detained pending the giving of such directions and pending removal in pursuance of the directions. r,.�tention e>aJing removal (2) An examining officer may arrest, without warrant, a person liable to be detained under this paragraph. (3) A captain ofa ship or aircraft, if so required by an examining officer, shall prevent any person on board the ship or aircraft from disembarking in Zambia. ( 4) Where a captain of a ship or aircraft is required to prevent a person from disembarking, the captain may for that purpose detain the person in custody on board the ship or aircraft. (5) A captain of a ship or aircraft who fails to take reasonable steps to comply with a requirement imposed under this Act comirits an offence and is liable to imprisonment for a term not exceeding two years or to a fine not exceeding eighty thousand penalty units orto both. (6) An examining officer may remove a person from a vehicle for detention under this Act. - 6
A magistrate may issue a search warrant if there are reasonable grounds to suspect that a person subject to an exclusion order is on the premises; examining officers may also take reasonable steps to identify a detained person.
6. ( l) If a magistrate is satisfied that there are reasonable grounds for srspecting that a person who is the subject of an exclusion order is to be found on any premises, the magistrate may grant a search warrant authorising any police officer to enter the premises for the purpose of searching for and arresting that person. (2) A person detained under this Schedule shall be deemed to be in legal custody at any time when the person is detained in police custody in Zambia otherwise than on board a ship, vehicle or aircraft. (3) Where a person is detained under this Schedule, any examining officer may take all such steps as may be reasonably necessary for identifying the person. Provisions sopplementary to detention 400 [ No. 21 of 2007 Anti-Terrorism - 3
This provision cites the Montreal Convention on unlawful acts against civil aviation and its 1984 Protocol.
3. The Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971 and the Protocol thereto of 1984; - 4
This provision refers to the New York Convention on crimes against internationally protected persons, including diplomatic agents.
4. The New York Convention· on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents of 1973; - 5
This section cites the International Convention against the Taking of Hostages (1979).
5. The International Convention against the Taking of Hostages of 1 979; - 6
This provision cites the Convention on the Physical Protection of Nuclear Material of 1980.
6. The Convention on the Physical Protection of Nuclear Material of 1 980; - 7
This provision references the United Nations Convention on the Law of the Sea of 1982.
7. The United Nations Convention on the Law of the Sea of 1982; " - 8
This section names a protocol about suppressing unlawful violence at airports serving international civil aviation.
8. The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1 988; - 9 Verify source ↗
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This provision identifies the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf of 1988.
9. The Protocol for the Suppression ofUnlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelfof 1988; - 10 Verify source ↗
The Convention for the Suppression of Unlawful'Acts
This section lists two conventions by name.
10. The Convention for the Suppression of Unlawful'Acts against Maritime Navigation of 1988; 1 1 . The Convention on the Marking of Plastic Explosives of 1991; - 12
This section cites the International Convention for the Suppression of Terrorist Bombings (1997).
12. The International Convention for the Suppression of Terrorist Bombings of 1 997; - 13
This section names a Convention concerning the prohibition, stockpiling, production, transfer, and destruction of anti-personnel mines.
13. The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1 977;
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Anti-Terrorism Act, 2007
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