Anti-Terrorism

Anti-Terrorism [ N o . 21 o f 2 0 0 7 353
T H E A N T I - T E R R O R I S M ACT, 2007
ARRANGEMENTS OF SECTIONS
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Jurisdiction of High Court
4. Non-application of section 26 (2) of Penal Code, Cap. 87
PART II
TERRORIST OFFENCES
5. Prohibition of terrorism
6. Weapons and terrorism training
7. Directing terrorist organisation
8. Possession of article for terrorist purposes
9. Collection of information for terrorist purposes
10. Incitement of offences
11. Aiding, abetting, conspiracy, etc of terrorist act
12. Hoaxes
13. Harbouring, concealing, etc of terrorist
14. Attempts to commit act of terrorism
15. Causing damage to public place, facility, etc
PART III
DECLARED TERRORIST ORGANISATIONS
16. Declared terrorist organisations
17. Membership
18. Support and meetings
PART IV
TERRORIST PROPERTY
19. Meaning of''terrorist property"
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K11J50 each.

Y
19. Meaning of''terrorist property"
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K11J50 each.

354 [ N o . 21 of 2007 Anti-Terrorism
20. Fundraising and other support
21. Use and possession of terrorist property
22. Assisting in retention or control of terrorist funds
23. Support services for terrorism
24. Cooperation with police
25. Property-tracking
26. Attachment of property
27. Seizure and detention of terrorist money
28. Forfeiture of terrorist property
29. Meaning of terrorist "and Aterrorist investigation"
30. Powers of arrest
31. Detention orders
32. Powers of investigation
33. Powers of investigation in cases of urgency
34. Power to intercept communication and admissibility oi intercepted
communications
35. Power to gather information
36. Power to obtain financial information
37. Port and border controls
38. Disclosure of information, etc
PART V
TERRORIST INVESTIGATIOS
PART VI
EXCLUSION ORDERS
40.
39. Making and effect of exclusion orders
Offences in connection with exclusion orders
PART VII
MUTUAL ASSISTANCE AND EXTRADITION
42.
41. Exchange of information
Other requests from foreign states
43. Requests to foreign states
Form of request44.

MUTUAL ASSISTANCE AND EXTRADITION
42.
41. Exchange of information
Other requests from foreign states
43. Requests to foreign states
Form of request44.

Anti-Terrorism [ N o . 21 of 2 0 0 7 3 5 5
45. Counter terrorism convention as basis for extradition
PART VIII
GENERAL
46. Powers to stop and search
47. Evidence
48. Compensation of Victims of Terrorism Fund
49. Rules of court
50. Regulations
FIRST SCHEDULE - Forfeiture Orders
SECOND SCHEDULE - Financial Information
THIRD SCHEDULE - Ports and Border Control
FOURTH SCHEDULE - Exclusion Orders
FIFTH SCHEDULE - List of Counter -Terrorism Conventions

ncial Information
THIRD SCHEDULE - Ports and Border Control
FOURTH SCHEDULE - Exclusion Orders
FIFTH SCHEDULE - List of Counter -Terrorism Conventions

Anti-Terrorism [ N o . 21 of 2007 357
GOVERNMENT OF ZAMBIA
ACT
No. 21 of 2007
Date of Assent: 6th September, 2007
An Act to prohibit the carrying out of any act of terrorism;
provide for measures for the detection and prevention
of terrorist activities; and for matters connected with or
incidental to the foregoing. [12th September, 2007
ENACTED by the Parliament of Zambia Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Anti-Terrorism Act, 2007. 2.

g. [12th September, 2007
ENACTED by the Parliament of Zambia Enactment
PART I
PRELIMINARY
1. This Act may be cited as the Anti-Terrorism Act, 2007. 2.

(1) In this Act, unless the context otherwise requires—
"Anti-Corruption Commission" has the meaning
assigned to it in the Anti-Corruption Commission Act;
"Authorised officer" means—
(a) a police officer;
(b) a customs officer;
(c) an immigration officer;
(d) an army officer;
(e) an intelligence officer;
(f) an officer from the Drug Enforcement
Commission;
(g) an officer from the Anti-Corruption
Commission; or
(h) any person appointed as such in writing by the
Minister; and
"bank" has the meaning assigned to it in the Banking and
Financial Services Act;
"customs officer" means an officer carrying out any
functions under the Customs and Excise Act;
"Counter-Terrorism Convention" means any Convention
listed in the Fifth Schedule to this Act;
Short title
Interpretation
Cap. 91
Cap. 387
Cap. 322

ct;
"Counter-Terrorism Convention" means any Convention
listed in the Fifth Schedule to this Act;
Short title
Interpretation
Cap. 91
Cap. 387
Cap. 322

358 [ N o . 21 of 2007 Anti-Terrorism
"declared terrorist organisation" has the meaning assigned
to it in section sixteen;
"Drug Enforcement Commission" has the meaning
assigned to it in the Narcotic Drugs and Psychotropic
Cap. 96 Substances Act;
"explosive" has the meaning assigned to it under the
Cap. 115 Explosives Act;
"financial institution" has the meaning assigned to it in
Cap. 387 the Banking and Financial Services Act;
"financial service provider" has the meaning assigned to
Cap. 387 it in the Banking and Financial Services Act;
"firearm" has the meaning assigned to it under the Firearms
Act and includes an air gun or air pistol;
"immigration officer" means an officer having functions
Cap. 110 under thelmmigration and Deportation Act;
"inland waters" means such waters as may be declared to
be inland waters by the President under the Inland Waters
Cap. 123 ShippingAct;
"legal practitioner" has the meaning assigned to it in the
Cap. 466 Legal Practitioners Act;
"organisation" includes any association or combination of
persons;
"police officer" has the meaning assigned to it in the Zambia
Cap. 30 Police Act;
"premises" includes a vehicle, an offshore installation, a
Cap.

ons;
"police officer" has the meaning assigned to it in the Zambia
Cap. 30 Police Act;
"premises" includes a vehicle, an offshore installation, a
Cap.

107 tent or moveable structure;
"property" includes property wherever situated, whether
real or personal, heritable 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, tape, apparatus or thing in or
on which a record is 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
a political, ideological or religious cause and which—
(a) constitutes an offence within the scope of a counter
terrorism convention listed in the Fifth Schedule;
(b) causes or is intended to cause death or serious
bodily harm to a person;
(c) causes or is intended to cause serious damage to
private or public property;
(d) endangers a person's life;
(e) creates a serious risk to the health or safety of
the public or a section of the public;

rivate or public property;
(d) endangers a person's life;
(e) creates a serious risk to the health or safety of
the public or a section of the public;

Anti-Terrorism [ N o .

Anti-Terrorism [ N o .

2 1 o f 2 0 0 7 359
(f) 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;
(j) causes serious risk to national security;
(k) causes damage to a vessel or is likely to endanger the
safe navigation of any 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.

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
(4) A requirement imposed by or under this Act to produce or
deliver up a record shall, in relation to an electronic or magnetic
record, be construed as a requirement—
(a) where practicable, to produce or deliver up a disk from
which the record is fully and freely accessible, by the
use of a personal computer of a common variety, by the
officer or person to whom the record is required to be
produced or delivered up; or

ble, by the
use of a personal computer of a common variety, by the
officer or person to whom the record is required to be
produced or delivered up; or

360 [ N o . 21 of 2007 Anti-Terrorism
Jurisdiction
of High Court
Non
application of
section 26 (2)
of Penal Code
Cap. 87
Prohibition
of 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 uf the 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) A power conferred 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. 3.

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. 3.

(1) Subject to the other provisions ofthisAct,the High Court
has jurisdiction to try any offences under this Act. (2) Any person who commits an offence outside Zambia is
deemed to have committed that offence in Zambia if—
(a) that person is a Zambian citizen;
(b) that person 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
(d) that person has committed the offence against a Zambian
citizen or against a person who is ordinarily resident in
Zambia. 4. Subsection (2) of section twenty-six of the Penal Code does
not apply to this Act. PART II
TERRORIST OFFENCES
5. (1) A person shall not commit any terrorist act. (2) Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to imprisonment for a
minimum of twenty years and a maximum of life imprisonment.

es subsection (1) commits an
offence and is liable, upon conviction, to imprisonment for a
minimum of twenty years and a maximum of life imprisonment.

Anti-Terrorism [ N o . 21 o f 2 0 0 7 3 o l
6. (1) A person who for purposes of or in connection with Weapons and
terrorism provides instruction ortraining in terrorism or the making l e r r o r i s i r i
training
or use ot—
(a) firearms or explosives; or
(b) chemical, biological, radiological or nuclear weapons;
commits an offence and is liable, upon conviction, to
imprisonment for life. (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 nucleai weapons;
commits an offence and is liable, upon conviction, to
imprisonment for life. (3) A person who invites another to receive instruction oi training,
or recruits any person for instruction, training or membership 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.

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 section—
(a) a reference to the provision of instruction includes 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 either
general or addressed to one or more specific persons. (5) Nothing in this section shall be construed as prohibiting-
(a) the provision of any instruction or training to, or the receipt
of any instruction or training by, members of the armed
or defence forces or the Zambia Police Force;
(b) the provision or receipt of any instruction or training under
or for the purposes of any Act or written law; or
(c) an invitation to receive any instruction or training referred
to in paragraph (a) or (b).

under
or for the purposes of any Act or written law; or
(c) an invitation to receive any instruction or training referred
to in paragraph (a) or (b).

362 [ N o . 21 of 2007 Anti-Terrorism
Directing
terrorist
organisation
Possession
of article for
terrorist
purposes
Collection of
information
for terrorist
purposes
Incitement of
offences
Aiding,
abetting,
conspiracy,
etc of
terrorist act
Hoaxes
Harbouring,
concealing,
etc of
terrorist
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 a purpose connected
with the commission, preparation or instigation of an act of terrorism
commits an offence and is liable, upon conviction, to imprisonment
for life. 9. (1) A person who for purposes of or in connection with
terrorism—
(a) collects, 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
(b) possesses a document or record containing information
likely to 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.

rorist 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
(b) making available on the internet. 10. (1) A person who incites another person to commit an act
of terrorism commits an offence and is liable, upon conviction, to
imprisonment for life. (2) For the purposes of subsection (1), it is immaterial whether
or not the person incited is in Zambia at the time of the incitement. 11. A person who aids, abets, counsels, procures, incites or
solicits the commission of a terrorist act, commi 3 an offence and
is liable upon conviction, to imprisonment for life. 12. A person who knowingly makes a false report or issues
any false communication purporting that a terrorist offence has
been or is intended to or is likely to be committed commits an
offence and is liable, upon conviction, to imprisonment for a term
of not less than twenty years, but not exceeding thirty years. 13. A person who harbours, conceals or provides a safe haven
to a terrorist or another person who finances or supports a terrorist
or the commission of a terrorist act commits an offence and is
liable, upon conviction, to imprisonment for life.

who finances or supports a terrorist
or the commission of a terrorist act commits an offence and is
liable, upon conviction, to imprisonment for life.

Anti-Terrorism [ N o . 21 of 2007 3 6 3
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. (1) 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;
commits 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 (1);
(b) organises or directs others to commit an offence under
subsection (1); 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.

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 this section —
"energy" has the meaning assigned to it in the Energy
Regulation Act;
"explosive or other lethal device" means—
(a) an explosive or incendiary weapon, or device that
is designed, or has the capability, to cause death,
serious bodily harm or substantial material
damage; or
(b) a weapon or device that is designated, or has the
capability, to cause death, serious bodily harm
or substantial material damage through the
release, disseminationor impact of toxic
chemicals, biological agents or toxins or similar
substances or radiation or radioactive material;
Attempts to
commit act of
terrorism, etc
Causing
damage to
public place,
facility, etc
Cap. 436

milar
substances or radiation or radioactive material;
Attempts to
commit act of
terrorism, etc
Causing
damage to
public place,
facility, etc
Cap. 436

364 [ N o . 21 of 2007 Anti-Terrorism
<•-ap. i ? o "fuel" has the meaning assigned to it in the Energy Regulation
Act;
"Government facility" includes any permanent or temporary
facility 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 official duties;
"infrastructure 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 occasionally, and encompasses any
commercial, business, cultural, historical, educational,
religious, governmental, entertainment, recreational or
similar place that is so accessible or open to the public. PART III
DECLARED TERRORIST ORGANISATION
• '•-r--., 16.

tal, entertainment, recreational or
similar place that is so accessible or open to the public. PART III
DECLARED TERRORIST ORGANISATION
• '•-r--., 16.

(1) For the purposes of this Act, an organisation is a
, n s declared terrorist organisation if—
(a) the Minister has, by notice, under this section, declared
the organisation to be engaged in ter-orism;
(b) the organisation operates under the same name as an
organisation referred to in paragraph (a); or
(c) the organisation has been declared by the Security Council
of the United Nations Organisation or the African Union
be a terrorist organisation. (2) Paragraph (b) of subsection (1) has effect subject to the
terms of any notice published under this section. (3) The Minister may, where the Minister has reasonable grounds
to believe that an organisation is engaged in terrorism, by notice
published in the Gazette declare that the specified organisation is
engaged in terrorism. I

ve that an organisation is engaged in terrorism, by notice
published in the Gazette declare that the specified organisation is
engaged in terrorism. I

Anti-Terrorism [ N o . 21 of 2007 365
(4) For purposes of subsection (3), an organisation is engaged
in terrorism if it—
(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. (1) A person who forms, owns, belongs or professes to Mem!?; •-:
belong to an organisation that is a declared terrorist organisation
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
subsection (1) to satisfy the court, on a balance of probabilities—
(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. (1) A person who invites support for a declared terrorist s u p p o r t a n c
organisation commits an offence.

rorist
organisation under this Act. 18. (1) A person who invites support for a declared terrorist s u p p o r t a n c
organisation commits an offence.

;ir?i:ngs
(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. (3) A person who addresses a meeting commits an offence if
the purpose of that person's address is to encourage support for a
declared terrorist organisation or to further its activities. (4) It is a defence for a person charged with an offence under
paragraph (c) of subsection (2) to satisfy the court, on a balance of
probabilities, that the person had no reasonable cause to believe
that the address mentioned in that paragraph would support a
declared terrorist organisation or further its activities.

no reasonable cause to believe
that the address mentioned in that paragraph would support a
declared terrorist organisation or further its activities.

366 [ N o . 21 of 2007 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. P A R T I V
TERRORIST PROPERTY
19. (1) In this 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 includes 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
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.

(1) A person who—
(a) invites another to provide or make available money or
other property; and
(b) intends that any money or other property should be used
for the purposes of terrorism;
commits an offence and is liable, upon conviction, to imprisonment
for life. (2) A person who—
(a) provides or makes available money or other property;
and
(b) knows that the money or other property shall or may be
used for the purposes of terrorism;
commits an offence and is liable, upon conviction, to imprisonment
for life.

ney or other property shall or may be
used for the purposes of terrorism;
commits an offence and is liable, upon conviction, to imprisonment
for life.

Anti-Terrorism [ N o . 21 of 2007 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. (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. (2) A person who—
(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. (1) 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—
(a) 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.

m 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
terrorism;
(b) the proceeds of the commission of acts of terrorism or of
activities in furtherance of or in connection with such
acts; or
(c) the resources of a declared terrorist organisation. 23. A person who provides or makes available , or offers to
provide or make available—
Use and
possession
of terrorist
property
Assisting in
retention or
control of
terrorist
funds
Support
services for
terrorism

rovide or make available—
Use and
possession
of terrorist
property
Assisting in
retention or
control of
terrorist
funds
Support
services for
terrorism

368 [ N o . 21 of 2007 Anti-Terrorism
(aj a financial service or any service for the safe keeping
any property;
(b) any forged or falsified document;
(c) access to any premises, vehicle, vessel, aircraft or place;
(d) access to any communications equipment or capability;
or
(e) any services, skill or expertise of any kind;
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. C o - o p t r a t i o n 24 (1) Subject to subsection (2), a person does not commit an
with offence under any of the provisions of this Part by involvement in
a
ff-1 (
!v s e
' ! a
transaction or arrangement relating to money or other property
0 c e ! if, as soon as practicable after becoming involved in the transaction
or arrangement, and on that person's own initiative, the person
discloses to an authorised officer—
(a) 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.

spicion 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.

'2) 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
(b) the person continues that person's involvement. (3) It is a defence for a person charged with an offence under
sections twenty to twenty-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 (1); 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 (1), this section
shall have effect in relation to that person as if a reference in this
section to disclosure to a police officer included a reference to
disclosure in accordance with the procedure. (5) Aperson shall not be subject to any liability for making a
disclosure in accordance with this Act and no action, claim or
demand shall be taken, made against or of, the person for making
the disclosure.

king a
disclosure in accordance with this Act and no action, claim or
demand shall be taken, made against or of, the person for making
the disclosure.

(6) This section has effect despite any duty of secrecy or
confidentiality or any other restriction on disclosure, whether or
not imposed by any written law, applicable to a person. (7) Any person who makes a disclosure in accordance with this
Act—

n on disclosure, whether or
not imposed by any written law, applicable to a person. (7) Any person who makes a disclosure in accordance with this
Act—

Anti-Terrorism [ N o . 2 1 of 2007 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 law other than this
Act, imposes a duty to maintain confidentiality with
respect to any information disclosed is taken not to have
committed an offence against that written law;
(c) who is subject to an obligation by way of oath, rule of law
or practice to maintain confidentiality with respect to
the disclosure, is taken not to have breached the oath,
rule of law 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.

,
rule of law 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.

(1) Where the Attorney-General has reasonable grounds Property
to suspect that a person has committed, is committing or is about to tracking
commit an act of terrorism or is in possession of terrorist property,
the Attorney-General may, for the purposes of investigating an
offence under this Act, apply to the High Court for an order—
(a) compelling the person to deliver up any document or record
relevant to identifying, locating or quantifying any
property belonging to that person or in that person s
possession or control;
(b) requiring a bank or any other financial institution, trustee
or custodian to produce all information and deliver up
all documents and records regarding any business
transaction conducted by or on behalf of the person. (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 premises and remove any documents or
records for the purposes of executing the order.

including a bank or other financial
institution, and search the premises and remove any documents or
records for the purposes of executing the order.

(3) Any person who delays, interferes with or wilfully obstructs
an authorised officer in the exercise of powers under this section,
commits an offence and is liable, upon conviction, to imprisonment
for a period of twenty years. 2 6 . (1) The Attorney-General may make an ex parte Attachment
application to the High Court for a provisional order temporarily 0 f property
suspending dealings relating to any money or other property due or
owing or belonging 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 which constitutes an act of terrorism;
or
(b) any other specified person. (2) The Attorney-General may make an ex parte application to
the High Court for a provisional order temporarily suspending
dealings relating to any money or other property due or owing or
belonging to, orneld on behalf of—
(a) a declared terrorist organisation;
(b) a specified person in this section referred to as a "suspect"
reasonably suspected of being a member of such an
organisation; or
(c) any other specified person.

d person in this section referred to as a "suspect"
reasonably suspected of being a member of such an
organisation; or
(c) any other specified person.

370 [ N o . 2 1 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.

t 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 t o —
(i) any bank, financial institution or other business
person; and
(ii) any other person who the A ttorney-General
knows or suspects may hold or be vested with
property belonging to or held on behalf of the
organisation or suspect. (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. (7) A person who is aggrieved by the exercise by the Attorney-
General of any powers under this section may bring an action in
the High Court against the Attorney-General for damages or any
other legal remedy. Seizure and 27. (1) An authorised officer who has reasonable grounds to
d e t e n t i o n , . . . . . . . . . ,
of terrorist suspect that any money which is being imported into or exported
money f r o m Zambia, or is being brought to any place in Zambia for the
purpose of being exported from Zambia, is terrorist property, may
seize the money.

f r o m Zambia, or is being brought to any place in Zambia for the
purpose of being exported from Zambia, is terrorist property, may
seize the money.

Anti-Terrorism [ N o . 21 of 2 0 0 7 3 7 1
(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
(1), 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 later 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.

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 this 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) if no 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—
(a)the Commissioner of Customs and Excise holding office
as such under the Customs and Excise Act; Cap. 322
(b) the Director-General of the Anti-Corruption Commission;
(c) the Commissioner of the Drug Enforcement Commission;
(d) the Inspector General of Police holding, office as such
under the Zambia Police Act; Cap.

(c) the Commissioner of the Drug Enforcement Commission;
(d) the Inspector General of Police holding, office as such
under the Zambia Police Act; Cap.

107
(e) the Attorney-General; or
(f) a person to whom an authorised officer has delegated the

107
(e) the Attorney-General; or
(f) a person to whom an authorised officer has delegated the

372 [ N o . 21 of 2007 Anti-Terrorism
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
(f) a deposit in a bank or other financial institution traceable
to money in any of the forms mentioned in paragraphs
(a) to (e). Forfeiture of 28. (1) The court before which a person is convicted of an
terrorist
property 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
five or six, of this Act the court may order the forfeiture of anything
which the court considers was in the person's possession for
purposes connected with the offence.

s Act the court may order the forfeiture of anything
which the court considers was in the person's possession for
purposes connected with the offence.

(3) Where a person is convicted of an offence under subsection
(1) 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
money or other property—
(a) which, at the time of the offence, the person had in that
person's possession orunder that person's control; and
(b) which, at that time, the person knew would or might be
used for the purposes of terrorism. (5) Where a person is convicted of an offence under section
twenty-two, the court may order the forfeiture of the money or
other property—

terrorism. (5) Where a person is convicted of an offence under section
twenty-two, the court may order the forfeiture of the money or
other property—

Anti-Terrorism [ N o . 21 of 2 0 0 7 3 7 3
(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 V
TERRORIST INVESTIGATIONS
29.

ortunity to be heard. (8) The First Schedule shall have effect in respect of forfeiture
orders under this section. PART V
TERRORIST INVESTIGATIONS
29.

(1) 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;
(b) an act which appears to have been done for the
purposes of terrorism;
(c) the resources of a declared terrorist organisation;
(d) the possibility of making an order under subsection
(3) of section sixteen; or
(e) the commission, preparation or instigation of an
offence under this Act. Meaning of
"terrorist"
and
"terrorist
investigation"

section sixteen; or
(e) the commission, preparation or instigation of an
offence under this Act. Meaning of
"terrorist"
and
"terrorist
investigation"

374 [ N o . 21 of 2007 Anti-Terrorism
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. (1) Subject to subsection (2), an authorised officer may,
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 (1), obtain the prior written consent of the
Attorney-General. (3) A Judge to whom an application is made under subsection
(1) may make an order for the detention of the person named in
the application if the judge is satisfied that the written consent of
the Attorney-General has been obtained as required by section (2)
and that there are reasonable grounds to believe or suspect that—
(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.

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 at 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
continuous and uninterrupted record of the person's detention for
the whole period of that person's detention. Powers of 32. (1) Subject to this Part, the special powers conferred by
i ve ig ion t j ^ s ^ ^ purposes of a terrorist investigation are available
by means of a warrant issued by a judge of the High Court on
application by an authorised officer. (2) A judge may issue a warrant authorising a police officer of
or above the rank of inspector—
Detention
orders
Powers of
arrest

authorised officer. (2) A judge may issue a warrant authorising a police officer of
or above the rank of inspector—
Detention
orders
Powers of
arrest

Anti-Terrorism [ N o . 21 of 2007 3 7 5
(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) A judge 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. 3 3 .

and
(b) there are reasonable grounds for believing that there is
material on the premises which may be relevant to the
terrorist investigation. 3 3 .

(1) Where, in a case of urgency, communication with a
judge to obtain a warrant would cause delay that may be prejudicial
to the maintenance of public safety or public order, an authorised
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 officer
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;
(b) 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
evidence of the commission or likelihood of the
commission of an offence under this Act;
(d) seize, remove and detain anything which is, or contains or
appears to the police officer to be or to contain or to be
likely tobe or to contain, evidence of the commission of
an offence under this Act;
Powers of
investigation
in cases of
urgency
(2) An authorised officer who has exercised any power under
this section shall bring the matter before a judge of the High Court

n
in cases of
urgency
(2) An authorised officer who has exercised any power under
this section shall bring the matter before a judge of the High Court

376 [ N o . 2 1 of 2007 Anti-Terrorism
Power to
intercept
communication
and
admissibility
of
intercepted
corrmiracalions
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. (1) Subject to subsection (2), an authorised officer may,
for the purpose of obtaining evidence of the commission of an
offence under this Act, apply, ex parte, to a Judge of the High
Court, for an interception of communications order. (2) An authorised officer shall, before making an application
under subsection (1), obtain the prior written consent of the
Attorney-General.

s order. (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 (1)
may make an order—
(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 r e c e i v e d or t r a n s m i t t e d by that
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 communication
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
relating to—
(i) the commission of an offence under this Act; or
(ii) the whereabouts of the person suspected by the
authorised officer to have committed the offence;
is contained in that communication or communications of that
description. (4) Any information contained in a communication—
(a) intercepted and retained pursuant to an order under
subsection (3);

cations of that
description. (4) Any information contained in a communication—
(a) intercepted and retained pursuant to an order under
subsection (3);

Anti-Terrorism [ N o . 2 1 of 2007 377
(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. (1) Subject to subsection (2), an authorised officer may, Power to
for the purpose of an investigation of an offence under this Act, information
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 (1) obtain the prior written consent of the Attorney-
General.

ormation. (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 (1)
may make an order for the gathering of information if the judge is
satisfied that the written consent of the Attorney-General has been
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
person has direct and material information that
relates to an offence referred to in subparagraph
(i), or that may reveal the whereabouts of a
person who the authorised officer suspects may
commit the offence referred to in this paragraph;
and
(iii) reasonable attempts have been made to obt tin
the information referred to in subparagraph (ii)
from the person referred to in that subparagraph.

(iii) reasonable attempts have been made to obt tin
the information referred to in subparagraph (ii)
from the person referred to in that subparagraph.

378 [ N o . 2 1 of 2007 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 presiding judge;
(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 presiding judge;
(d) designate another judge as the judge before whom the
examination is to take place; and
(e) include any other terms or conditions that the judge
considers desirable, including terms or conditions 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 conditions.

uted
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 conditions.

(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 protected by
the law relating to non-disclosure of information or privilege. (8) The presiding judge shall rule on an objection or other issue
relating to a refusal to answer a question or to produce a document
or thing. (9) A person shall not be excused from answering a question or
producing a document or thing under subsection (7) on the ground
that the answer or document or thing may tend to incriminate the
person or subject to any proceedings or penalty, but —
(a) no answer given or document or thing produced under
subsection (7) shall be used or received against the
person in any criminal proceedings against that person,
other than in a prosecution for perjury orgiving false
ii

hall be used or received against the
person in any criminal proceedings against that person,
other than in a prosecution for perjury orgiving false
ii

Anti-Terrorism [ N o . 2 1 of 2007 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. (10) A person has the right to retain and instruct a legal practitioner
at any stage of the proceedings under this section. (11) The presiding judge, 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 shall have effect with respect to
obtaining financial information for the purposes of a terrorist
investigation. 37. (1) The Third Schedule shall have effect to confer powers
to examine persons arriving in or leaving Zambia and for related
purposes. (2) The powers conferred by the Third Schedule shall be
exercised notwithstanding any right conferred by the Immigration
and Deportation Act. 38.

ses. (2) The powers conferred by the Third Schedule shall be
exercised notwithstanding any right conferred by the Immigration
and Deportation Act. 38.

(1) A person who, knowing or having reasonable cause to
suspect that an authorised officer is conducting a terrorist
investigation—
(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. (2) A person who, knowing or having reasonable cause to suspect
that a disclosure has been or will be made under section twenty -
four—
(a) discloses to another person anything which is likely to
prejudice an investigation resulting from the disclosure
under that section; or
(b) interferes with material which is likely to be relevant to
an investigation resulting from the disclosure under that
section;
Power to
obtain
financial
information
Port and
border
controls
Cap. 123
Disclosure
of
information,
etc

sulting from the disclosure under that
section;
Power to
obtain
financial
information
Port and
border
controls
Cap. 123
Disclosure
of
information,
etc

380 [ N o . 21* of 2007 Anti-Terrorism
commits an offence and is liable, upon conviction, to imprisonment
for a period of twenty years. (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 client o i to the clients
representative in connection withthe provision of legal
advice by the legal practitioner to the client and not with
a view to furthering a criminal purpose; or
(b) to any person for the purpose of actual or contemplated
legal proceedings and not with a view to furthering a
criminal purpose. PART VI
EXCLUSION ORDERS
39.

person for the purpose of actual or contemplated
legal proceedings and not with a view to furthering a
criminal purpose. PART VI
EXCLUSION ORDERS
39.

(1) Where the Minister is satisfied that any p e r s o n -
fa,) is or has been involved in the commission, preparation or
instigation of acts of terrorism in Zambia; or
(b) is attempting or may attempt to enter Zambia with a view
to being involved in the commission, preparation or
instigation of acts of terrorism;
the Minister may make an exclusion order against the person
prohibiting the person from being in, or entering, Zambia. (2) In deciding whether to make an exclusion order under this
section against a person who is ordinarily resident in Zambia, the
Minister shall have regard to the question whether that person's
connection with any country or territory outside Zambia is such as
to make it appropriate that such an order should be made. (3) An exclusion order shall not be made under this section against
any person who is a citizen of Zambia. (4) The Fourth Schedule shall have effect with respect to
exclusion orders. Making and
effect of
exclusion
orders

y person who is a citizen of Zambia. (4) The Fourth Schedule shall have effect with respect to
exclusion orders. Making and
effect of
exclusion
orders

Anti-Terrorism [ N o . 2 1 of 2007 381
(5) This section has effect notwithstanding any provision of the
Immigration and Deportation Act. (6) A person who is the subject of an exclusion order may apply
to the High Court for review of the order. 40. (1) A person who is subj ect 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 securing 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;
commits an offence and is liable to imprisonment for a period of
not less than ten years but not exceeding twenty years
PART VII
MUTUAL ASSISTANCE AND EXTRADITION
4 1 .

and is liable to imprisonment for a period of
not less than ten years but not exceeding twenty years
PART VII
MUTUAL ASSISTANCE AND EXTRADITION
4 1 .

(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:
(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
suspected of involvement in acts of terrorism; and
(e) the commission of offences by any person against this
Act;
if the disclosure is not prohibited by any provision of law and
will not be prejudicial to national security or to public
safety. Cap. 123
Offences in
connection
with
exclusion
orders
Exchange
of
information

aw and
will not be prejudicial to national security or to public
safety. Cap. 123
Offences in
connection
with
exclusion
orders
Exchange
of
information

382 [ N o . 21 of 2007 Anti-Terrorism
Other
requests
from foreign
States
42. (1) 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 (1), 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, found
therein. (b) a property tracking order under section twenty-five;
(c) an attachment order under section twenty-six; or
(d) an order for forfeiture of property under section twenty-
eight.

r under section twenty-five;
(c) an attachment order under section twenty-six; or
(d) an order for forfeiture of property under section twenty-
eight.

(3) The High Court may make an order under this 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 act done
or alleged to have been done outside Zambia—
(a) which constitutes an offence under this Act; or
(b) which would, if it had been done in Zambia, constitute
such an offence. (5) A power conferred by an order under this section 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 occupier of the premises. (6) A power conferred by an order under this section to seize

full and free access to the record
using the facilities of the occupier of the premises. (6) A power conferred by an order under this section to seize

Anti-Terrorism [ N o . 21 of 2007 3 8 3
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. (1) The Attorney-General may make a request to any Requests to
foreign State— 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.

ompetent 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 of a foreign State may, if it is authenticated,
be admitted in evidence in any proceedings to which it relates. (5) For the purposes of subsection (4), a document is
authenticated if—
(a) it purports to be signed or certified by a judge, magistrate
or officer in or of a foreign State; and
(b) it purports to be authenticated by the oath or affirmation
of a witness or to be sealed with an official or public
seal of a Minister,
Department of State or Department, or officer in or of the
Government of the foreign State.

o be sealed with an official or public
seal of a Minister,
Department of State or Department, or officer in or of the
Government of the foreign State.

384 [ N o . 2 1 of 2 0 0 7 Anti-Terrorism
Form of 44. (1) A request under section forty-two or forty-three shall
be in writing and shall be dated and signed by or on behalf of the
person making the request. (2) A request may be transmitted in writing or by facsimile or by
any other electronic device or means.

or on behalf of the
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 investigated
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 be the subject of
such an order; and
(h) contain such other information as may assist the execution
of the request.

uired and identify the property to be the subject of
such an order; and
(h) contain such other information as may assist the execution
of the request.

(4) A request shall not be invalidated for purposes of this Act or
any legal proceedings by virtue of any failure to comply with
subsection (3) where the Attorney-General is satisfied that there is
sufficient compliance to enable the execution of the request. (5) Where the Attorney-General considers it appropriate,
pursuant to an international agreement and in the public interest,
the Attorney-General may order that the whole or any part of any

rs it appropriate,
pursuant to an international agreement and in the public interest,
the Attorney-General may order that the whole or any part of any

Anti-Terrorism [ N o . 21 of 2007 3 8 5
property forfeited under section twenty-eight, or the value thereof,
be returned or remitted to the requesting State. 45. (1) 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 for
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.

reement 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. Counter-
terrorism
convention
as basis of
extradition
PART VIII
GENERAL
4 6 . (1) A power to search premises conferred by virtue of Powers to
, . . , „ , . • , i i • stop and
this Act shall be taken to include power to search a container. 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
be carried out by a person of the same sex as the person being
searched. 47. (1) A document which purports to be— Evidence
(a) a notice or direction given or order made by the Minister
or the Attorney-General for the purposes of a provision
of this Act; and
(b) signed by the Attorney-General or on the Attorney-

r made by the Minister
or the Attorney-General for the purposes of a provision
of this Act; and
(b) signed by the Attorney-General or on the Attorney-

386 [ N o . 21 of 2007 Anti-Terrorism
Cap. 43
Compensation
of Victims of
Terrorism
Fund
Rules of
court
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 Minister or
the Attorney-General; and
(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 of a provision of this
Act;
shall be evidence of the document in legal proceedings. (3) Nothing in this section limits the operation of any provisions
of the Evidence Act.

s
Act;
shall be evidence of the document in legal proceedings. (3) Nothing in this section limits the operation of any provisions
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 purporting
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. 48. (1) There is hereby established the Compensation of
Victims of Terrorism Fund, which shall be administered 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;
(b) grants, gifts, donations or bequests received by the Fund
with the approval of the Minister; and
(c) such other moneys payable to the Fund by virtue of any
law. 49.

donations or bequests received by the Fund
with the approval of the Minister; and
(c) such other moneys payable to the Fund by virtue of any
law. 49.

The Chief Justice may, by rules of court, make provision
with respect to the procedure on applications to any court under
this Act, and in particular as to—

ief Justice may, by rules of court, make provision
with respect to the procedure on applications to any court under
this Act, and in particular as to—

Anti-Terrorism [ N o . 21 of 2007 3 8 7
(a) the giving of notice to persons affected by an application
under this Part; and
(b) the joinder of those persons as parties to the proceedings. 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. FIRST SCHEDULE
(Section 28 (8))
FORFEITURE ORDERS
1. In this Schedule—
"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. 2.

eiver or manager of property and a person who acts
as a trustee, liquidator, receiver or manager under the
applicable bankruptcy or insolvency law. 2.

(1) Where a court makes a forfeiture order, it may make such
other provision as appears to it to be necessary for giving effect to
the order, and in particular m a y -
fa) 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;
(c) direct a specified part of any forfeited money, or of the
proceeds of the sale, disposal or realization of any
forfeited property, to be paid by the Registrar of the
court to the Treasury. (3) In sub-paragraph (1) of paragraph 2, a reference to the
proceeds of a sale, disposal or realization of property is a reference
to the proceeds after deduction of the costs of sale, disposal or
realization. Regulations
Interpretation
Implementation
of forfeiture
orders

eference
to the proceeds after deduction of the costs of sale, disposal or
realization. Regulations
Interpretation
Implementation
of forfeiture
orders

388 [ N o . 21 of 2007 Anti-Terrorism
Remuneration
of receiver
Certificate as
to forfeiture
Protection of
creditors
3. (1) 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 of a 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.

hat 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.

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
order was made; or
(b) the defendant in those proceedings. 5. (1) 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
occurred, in the course of any proceedings;
(b) any function in relation to that property would, apart from
the forfeiture order, be exercised by a receiver acting in
those proceedings; and
(c) during the period of six months following the making of
the forfeiture order, a receiver gives written notice to
the registrar of the court executing the forfeiture order
of the matter referred to in paragraphs (a) and (b);

der, a receiver gives written notice to
the registrar of the court executing the forfeiture order
of the matter referred to in paragraphs (a) and (b);

Anti-Terrorism [ N o . 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 proceeds
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.

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.

r is annulled or the award of sequestration is
recalled or reduced, the property shall become subject to the
forfeiture order and any ancillary order.

(7) Where any property referred to in subparagraph (6) is money,
or has been converted into money—
(a) the court which ordered the annulment, or which recalled
or reduced the award of sequestration, shall make an
order specifying, for the purposes of paragraph (b)
property comprised in the estate of the bankrupt or debtor
to the amount or value of the property in question; and
(b) the property specified under paragraph (a) shall become
subject to a forfeiture order and any applicable ancillary
orders, in place of the property in question.

ty specified under paragraph (a) shall become
subject to a forfeiture order and any applicable ancillary
orders, in place of the property in question.

390 [ N o . 21 of 2007 Anti-Terrorism
(8) In this paragraph "the commencement of an insolvency"
means—
(a) the making of a bankruptcy order under the Bankruptcy
Cap. 82 A c t . o r
(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
Cap. 388 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 accordingly. Protection of 6.

any money, means its payment
to the Treasury in accordance with this Schedule, and
"finally dispose" shall be construed accordingly. Protection of 6.

( 1 ) Where—
insolvency
(a) 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 believes
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 loss
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
of its sale—•
(a) for the expenses that the receiver incurred in connection
with insolvency proceedings in relation to which the
seizure or disposal purported to take place; and
(b) for so much of the receiver's remuneration as may
reasonably be assigned for receiver's acting in
connection with those proceedings.

ke place; and
(b) for so much of the receiver's remuneration as may
reasonably be assigned for receiver's acting in
connection with those proceedings.

Anti-Terrorism [ No. 21 of 2007 391
SECOND SCHEDULE
(Section 36)
FINANCIAL INFORMATION
1. (1) 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.

ich 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. (1) 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. (2) Rules of court may make provision with respect to the
procedure for an application for an order under this Schedule. 3. An order under this Schedule shall be made if the court is
satisfied that—
(a) the order is sought for the purposes of a terrorist
investigation within the meaning of Part V;
(b) the tracing of terrorist property is desirable for the purposes
of the investigation; and
(c) the order will enhance the effectiveness of the
investigation. Procedure
Criteria for
making order

able for the purposes
of the investigation; and
(c) the order will enhance the effectiveness of the
investigation. Procedure
Criteria for
making order

392 [ N o . 21 of 2007 Anti-Terrorism
Meaning of
"financial
institution",etc
Cap. 387
Customer
information
Act No. 14 of
2001
4. (1) In this Schedule, "bank", "financial institution", and
"financial service provider"have the meanings assigned to them
under the Banking and financial Services Act. (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 1 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.

stomer information which relates to a
time when the institution was a bank, financial institution or financial
service provider as the case may be. 5.

(1) In 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;
(f) 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 of a 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, 2001; and
(h) the identity of a person sharing an account with a customer.

the purposes of the Prohibition and
Prevention of the Money Laundering Act, 2001; and
(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—
(a) there is an arrangement between them designed to
facilitate the carrying out of frequent or regular
transactions between them; and
(b) the total amount of payments to be made in the course of
the arrangement is neither known nor capable of being
ascertained when the arrangement is made. (3) Rules made under this Act may provide for a class
information—

ent is neither known nor capable of being
ascertained when the arrangement is made. (3) Rules made under this Act may provide for a class
information—

Anti-Terrorism [ N o . 21 of 2007 393
(a) to be customer information for the purpose of this Schedule;
or
(b) to cease to be customer information for the purposes of
this Schedule. 6. (1) Where an offence under subparagraph (4) of paragraph
1 is committed by an institution and it is proved that the offence—
(a) was committed with the consent or connivance of an officer
of the institution, or
(b) was attributable to neglect on the part of an 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 term not exceeding two years
or to a fine not exceeding two hundred thousand penalty units, or to
both. (3) In the case of an 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 of an institution which is a partnership, in this
paragraph Aofficer means a partner.

f the body are managed by its members, a
member. (4) In the case of an 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
association. THIRD SCHEDULE
(Section 37)
PORT AND BORDER CONTROLS
1. (1) In this Schedule— Interpretation
"examining officer" means—
(a) a police officer;
(b) an officer from the Anti-Corruption Commission;
offence b y ,
body
corporate,
etc

Interpretation
"examining officer" means—
(a) a police officer;
(b) an officer from the Anti-Corruption Commission;
offence b y ,
body
corporate,
etc

394 [ N o . 21 of 2007 Anti-Terrorism
(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
Cap. 322 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. An examining officer may question a persoi who has arrived
in or who is seeking to leave Zambia by ship,vehicle or aircraft for
the purpose of determining—
(a) whether there is any reasonable cause to suspect that
the person is a terrorist; or
(b) whether the person is subject to an exclusion order. Questioning 3.

er there is any reasonable cause to suspect that
the person is a terrorist; or
(b) whether the person is subject to an exclusion order. Questioning 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 another
document which establishes the person's identity and
citizenship;
(c) declare whether the person has any documents of a kind
specified by the examining officer; and
(d) produce to the examining officer on request any document
which the person has and which is of a kind specified by
the examining officer. Stopping of 4. (1) For the purposes of exercising a power under paragraph
vehicleS a
" d
2, an examining officer may—
(a) stop a person or vehicle;

r. Stopping of 4. (1) For the purposes of exercising a power under paragraph
vehicleS a
" d
2, an examining officer may—
(a) stop a person or vehicle;

Anti-Terrorism [ N o . 21 of 2007 395
(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) A person 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 which the officer has reasonable grounds to believe is
carrying or harbouring any terrorist or thing likely to be used for
terrorist purposes. 6. An examining officer who questions a person under
paragraph 2 may, for the purpose of determining whether the person
is a terrorist—
(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 h a s , 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.

easonably 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.

(1) An examining officer may examine goods to which this Examining of
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
about to leave Zambia on a ship, aircraft or vehicle. (3) In this paragraph, "goods" includes—
(a) property of any description; and
(b) containers. (4) An examining officer may board a ship or aircraft or enter a
vehicle for the purpose of exercising any of the officer's powers
under this paragraph. 8. (1) This paragraph applies to anything which—
Searching of
vessels and
aircraft
Search of
persons
Detention of
property

owers
under this paragraph. 8. (1) This paragraph applies to anything which—
Searching of
vessels and
aircraft
Search of
persons
Detention of
property

396 [ N o . of 2007 Anti-Terrorism
Designation
of control
Control area
facilities
(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 proceedings;
or
(c) which may be required in connection with a decision by
the Minister whether to make an exclusion order or not. 9. (1) The Minister may, by notice in writing, to an 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.

trol 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 owner or
agent shall take all reasonable steps to ensure, in respect of the
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. (1) The Minister may, by notice in writing, to a port
manager—
(a) designate control areas in the port;
(b) require the port manager to provide at the port manager's
expense specified facilities in a control area for the
purposes of the embarkation or disembarkation of
passengers or their examination under this Schedule;
(c) require conditions to be met and restrictions to be complied
with in relation to the embarkation or disembarkation of
passengers in a control area;

c) require conditions to be met and restrictions to be complied
with in relation to the embarkation or disembarkation of
passengers in a control area;

Anti-Terrorism [ N o . 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
(1), the port manager shall take all reasonable steps to comply
with any requirement set out in the notice. 1 1 . (1) The Minister may, by order, make provision requiring a
person who disembarks in Zambia from a ship or aircraft, if required
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 reward
to supply the passengers with cards in the form required by virtue
of subparagraph (1). 12. (1) 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.

icer 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
aircraft shall give the captain of the ship or aircraft any information
required for the purpose of enabling the owner or agent to comply
with a request under this paragraph. (6) Subparagraphs (2) and (5) shall not require the provision of
information which is required to be provided under or by virtue of
any provision made by or under the Immigration and Deportation
Act . Information
cards
Information
from owner
of vessel or
aircraft
Cap. 123

virtue of
any provision made by or under the Immigration and Deportation
Act . Information
cards
Information
from owner
of vessel or
aircraft
Cap. 123

398 [ N o . of 2007 Anti-Terrorism
Offences 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
Interpretation
Duration
Notice of
order
Directions
for removal
(Section 39)
EXCLUSION ORDERS
1. In this Schedule, "examining officer" has the meaning assigned
to it in the Third Schedule. 2. (1) An exclusion order may be revoked at any time by a further
order made by the Minister. (2) The revocation of an exclusion order against a person shall
not prevent the making of a further exclusion order against the
person. 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.

rder. (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 made
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. 4. (1) The Minister may give directions for the removal from
Zambia of any person who is the subject of an exclusion order. (2) Any person who without reasonable excuse fails to comply
with directions given to that person under this paragraph commits
an offence and is liable to imprisonment for a term not exceeding
two years or to a fine not exceeding eighty thousand penalty units,
or to both.

mits
an offence and is liable to imprisonment for a term not exceeding
two years or to a fine not exceeding eighty thousand penalty units,
or to both.

Anti-Terrorism [ No. 21 of 2007 399
5. (1) A person in respect of whom directions for removal retention
may be given under paragraph 4 may be detained pending the removal
giving of such directions and pending removal in pursuance of the
directions. (2) An examining officer may arrest, without warrant, a person
liable to be detained under this paragraph. (3) A captain of a 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 comrr its
an offence and is liable to imprisonment for a term not exceeding
two years or to a fine not exceeding eighty thousand penalty units
or to both. (6) An examining officer may remove a person from a vehicle
for detention under this Act. 6.

e not exceeding eighty thousand penalty units
or to both. (6) An examining officer may remove a person from a vehicle
for detention under this Act. 6.

(1) If a magistrate is satisfied that there are reasonable Provisions
grounds for suspecting that a person who is the subject of an to^etem^on7
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. FIFTH SCHEDULE
(Section 2 (1) )
COUNTER TERRORISM CONVENTIONS
1. The Tokyo Convention on Offences and Certain Other Acts
Committed on Board Aircraft of 1963;
2. The Convention for the Suppression of Unlawful Seizure
of Aircraft of 1970;

on Offences and Certain Other Acts
Committed on Board Aircraft of 1963;
2. The Convention for the Suppression of Unlawful Seizure
of Aircraft of 1970;

400 [ N o . 21 of 2007 Anti-Terrorism
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. The N e w York Convention on the Prevention and
Punishment of Crimes Against Internationally Protected
Persons, including Diplomatic Agents of 1973;
5. The International Convention against the Taking of Hostages
of 1979;
6. The Convention on the Physical Protection of Nuclear
Material of 1980;
7. The United Nations Convention on the Law of the Sea of
1982;
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 1988;
9. The Protocol for the Suppression of Unlawful Acts against
the Safety of Fixed Platforms Located on the Continental
Shelf of 1988;
10. The Convention for the Suppression of Unlawful Acts
against Maritime Navigation of 1988;
11. The Convention on the Marking of Plastic Explosives of
1991;
12. The International Convention for the Suppression of
Terrorist Bombings of 1997;
13.

. The Convention on the Marking of Plastic Explosives of
1991;
12. The International Convention for the Suppression of
Terrorist Bombings of 1997;
13.

The Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on
their Destruction of 1977;
14. The Convention for the Suppression of Unlawful Acts
against the Safety of Civil Aviation of 1971;
15. The Organisation of African Unity Convention on the
Prevention and Combatting of Terrorism, 1999; and
16. The International Convention for the Suppression of the
Financing of Terrorism, 1999.