Laws of Zambia Active 2015Anti-Terrorism (Amendment)
Official PDF Document Download
Read full text
[Page 1]
Anti-Terrorism (Amendment) [No, 2 of 2015 13
GOVERNMENT OF ZAMBIA
ACT
No. 2 of 2015
Date of Assent: 14th August, 2015
An Act to amend the Anti-Terrorism Act, 2007 [14th August, 2015
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Anti-Terrorism (Amendment) Act, 2015, and shall be read as one with the Anti-Terrorism Act, 2007, in this Act referred to as the principal Act.
2. Section two of the principal Act is amended by—
(a) the insertion, in the appropriate places, of the following new definitions:
“anti-terrorism officer” means a person appointed as such under section four H;
“apparatus” means any equipment, instrument, tool, implement or utensil used to commit or attempt to commit an act of terrorism;
“Centre” means the National Anti-Terrorism Centre established under section four A;
“Committee” means the National Anti-Terrorism Committee established under section four C;
“Director” means the person appointed Director under section four G;
“funds” means—
(a) property applied or used for the commission or furtherance of, or in connection with, acts of terrorism;
r under section four G;
“funds” means—
(a) property applied or used for the commission or 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
Parliamentary Information and Research Library
Enactment
Short title Act No. 21 of 2007
Amendment of section 2
Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K10.00 each.
[Page 2]
14 No. 2 of 2015] Anti-Terrorism (Amendment)
(c) the property of a declared terrorist
organisation, an entity owned or
controlled directly or indirectly by a
declared terrorist organisations or
terrorist or a person or entity acting on
behalf of, or at the direction of a terrorist
organisation or individual terrorist;
“reporting entity” has the meaning assigned to it in the
Financial Intelligence Centre Act, 2010;
Act No. 46
of 2010
(b) the deletion of the definition of “property” and the
substitution therefor of the following:
re Act, 2010;
Act No. 46
of 2010
(b) the deletion of the definition of “property” and the
substitution therefor of the following:
“property” includes any real or personal property,
money, things in action or other intangible or
incorporeal property, whether located in Zambia
or elsewhere, and property of corresponding
value in the absence of the original illegally
acquired property whose value has been
determined.
3. The principal Act is amended by the insertion, immediately
Insertion of after Part I, of the following new Part:
new Part IA
PART IA
THE NATIONAL ANTI-TERRORISM CENTRE
Establishment
of National 4A. (1) There is established the National Anti-Terrorism
Anti- Centre which shall be responsible for the enforcement of
Terrorism this Act.
Centre
(2) The Centre shall be a unit based in the Ministry
responsible for internal security and shall be under the control
and supervision of the Minister responsible for internal security.
(3) The expenses of the Centre shall be charged upon
and issued out of the general revenues for the Republic.
curity.
(3) The expenses of the Centre shall be charged upon
and issued out of the general revenues for the Republic.
Functions of 4B. (1) The Centre shall coordinate the detection,
Centre response to, mitigation and investigation of, terrorist incidents
and threats to internal security.
(2) Without prejudice to the generality of subsection (1),
the functions of the Centre are to—
(a) draw up plans and coordinate actions for counter
terrorism;
(b) integrate and analyse intelligence pertaining to
terrorism;
[Page 3]
Anti-Terrorism (Amendment) [No. 2 of 2015 15
(c) maintain a database of known and suspected
terrorists and terror groups, their networks,
goals, strategies, capabilities, support and other
relevant information;
(d) provide law enforcement agencies access to the
intelligence support necessary to execute
counter-terrorism plans and accomplish their
assigned tasks;
(e) coordinate with investigation and intelligence
agencies to ensure effective detection and
prosecution of terrorism;
assigned tasks;
(e) coordinate with investigation and intelligence
agencies to ensure effective detection and
prosecution of terrorism;
(f) prepare regular threat assessment reviews and
disseminate them to the appropriate levels in
the Government;
(g) develop and promote the adoption of best practices
for coordination of law enforcement agencies,
government institutions and the general public
in combatting of terrorism;
(h) enhance the State's capacity to—
(i) prevent the creation of safe havens for
terrorists;
(ii) detect chemical, biological, radioactive
or nuclear materials;
(iii) search, confiscate and establish safe
control of chemical, biological,
radioactive or nuclear materials;
(iv) account for, control and provide
physical protection of chemical,
biological, radioactive or nuclear
materials;
(v) provide security of civilian and non-
civilian institutions from chemical,
biological, radioactive or nuclear
threats;
(vi) respond to, mitigate and investigate
chemical, biological, radioactive or
nuclear incidents;
(vii) facilitate national, regional and global
sharing of information for countering
terrorism; and
nuclear incidents;
(vii) facilitate national, regional and global
sharing of information for countering
terrorism; and
[Page 4]
16 No. 2 of 2015] Anti-Terrorism (Amendment)
[Page 4]
16 No. 2 of 2015] Anti-Terrorism (Amendment)
[Page 4]
16 No. 2 of 2015] Anti-Terrorism (Amendment)
[Page 4]
16 No. 2 of 2015] Anti-Terrorism (Amendment)
(viii) ensure ratification and implementation
of international conventions on
terrorism;
(i) provide centralised services to law enforcement
agencies, Government institutions and the
general public in matters of internal security or
public interest in the following:
(i) forensic criminal investigations;
(ii) scene of crime investigations;
(iii) forensic accounting investigations;
(iv) visual technical surveillance of public
places to help in investigations of crime;
(v) laboratory analysis of chemical,
biological, radioactive and nuclear
materials, whether connected to crime
or not; and
(vi) maintenance of criminal records and
a general national database; and
(j) facilitate or recommend appropriate training of
security and defence personnel in countering
terrorism.
security and defence personnel in countering
terrorism.
(viii) ensure ratification and implementation
of international conventions on
terrorism;
(i) provide centralised services to law enforcement
agencies, Government institutions and the
general public in matters of internal security or
public interest in the following:
(i) forensic criminal investigations;
(ii) scene of crime investigations;
(iii) forensic accounting investigations;
(iv) visual technical surveillance of public
places to help in investigations of crime;
(v) laboratory analysis of chemical,
biological, radioactive and nuclear
materials, whether connected to crime
or not; and
(vi) maintenance of criminal records and
a general national database; and
(j) facilitate or recommend appropriate training of
security and defence personnel in countering
terrorism.
security and defence personnel in countering
terrorism.
National 4C.
National 4C.
(1) There is established the National Anti-Terrorism
Anti- Committee which shall consist of the following members
Terrorism appointed by the President:
Committee (a) the Director-General of the Zambia Security
Intelligence Service, who shall be the
Chairperson;
(b) the Inspector-General of Police, who shall be the
Vice-Chairperson; and
(c) one representative each of—
(i) the Zambia Army;
(ii) the Zambia Air Force;
(iii) the Zambia National Service;
(iv) the Immigration Department; and
(v) any other relevant institution as the President
considers necessary for purposes of this Act.
other relevant institution as the President
considers necessary for purposes of this Act.
(2) A person shall not be nominated or appointed as a
member of the Committee if that person—
[Page 5]
Anti-Terrorism (Amendment) [No. 2 of 2015 17
(a) is not a citizen of Zambia;
(b) has physical or mental disability that makes the
person incapable of discharging the functions
of office;
(c) has been convicted of an offence under any written
law;
(d) is a Member of Parliament or an officer or
employee of a local authority; or
(e) is an officebearer or employee of a political party.
(3) The Director shall be the Secretary to the Committee.
4D. Subject to the other provisions of this Act, the
functions of the Committee are to—
(a) give general or specific policy directives to the
Centre regarding obligations and measures to
be taken in the detection, prevention and
deterrence of the commission of terrorist acts;
and
(b) perform such other functions as are necessary to
give effect to this Act.
errence of the commission of terrorist acts;
and
(b) perform such other functions as are necessary to
give effect to this Act.
4E. (1) The Committee may, for the purpose of
performing its functions under this Act, constitute any sub-
committee and delegate to the sub-committee such of its
functions as it thinks fit.
(2) The Committee may appoint, as members of a sub-
committee constituted under subsection (1), persons who are
or are not members of the Committee and such persons shall
hold office for such period as the Committee may determine.
(3) A sub-committee may regulate its own procedure.
4F. The Committee may, by direction, in writing, and
subject to such terms and conditions as it considers necessary,
delegate any of the functions of the Committee to the Director,
a member or sub-committee.
4G. (1) The Public Service Commission shall appoint,
as a public officer, the Director of the Centre.
(2) The Director shall, subject to the general or specific
directions of the Committee—
(a) be responsible for the administration of the Centre;
(b) be responsible to the Committee for matters
concerning the Centre;
tee—
(a) be responsible for the administration of the Centre;
(b) be responsible to the Committee for matters
concerning the Centre;
[Page 6]
18 No. 2 of 2015] Anti-Terrorism (Amendment)
(c) notify reporting entities of organisations declared
to be terrorist organisations under section
sixteen; and
(d) exercise the functions conferred or imposed upon
the Director by or under this Act.
(3) There shall be appointed by the Public Service
Commission such other officers as shall be necessary to assist
the Director in the performance of the Director’s functions
under this Act.
(4) An officer may be seconded to the Centre from—
(a) the Zambia Army;
(b) the Zambia Air Force;
(c) the Zambia Police Force;
(d) the Zambia National Service;
(e) the Drug Enforcement Commission;
(f) the Customs Division of the Zambia Revenue
Authority; or
(g) the Public Service.
(5) Any function conferred by or under this Act on the
Director may be performed by any person acting as Director
if the Director is unable to perform any function due to any
cause.
Act on the
Director may be performed by any person acting as Director
if the Director is unable to perform any function due to any
cause.
(6) The Director may issue orders and instructions for
the general administration of the Centre in relation to duties,
distribution, inspection, transfer, training, arms, clothing,
equipment, transport and places of residence and such other
orders necessary to promote efficiency and discipline of the
Centre.
(7) The command and control of the Centre in any place
or area shall vest in the authorised officer who is appointed
by the Director to be in charge of the Centre in that place or
area.
(8) The Director may request specialised agencies in law
enforcement, intelligence, internal security to second skilled
staff to work at the Centre.
Anti- 4H. (1) The Committee shall, in order to ensure
terrorism compliance with the provisions of this Act, appoint such anti-
officers terrorism officers as may be necessary for that purpose.
[Page 7]
Anti-Terrorism (Amendment) [No. 2 of 2015 19
(2) An anti-terrorism officer shall be provided with a
certificate of appointment which shall be prima facie evidence
of the anti-terrorism officer’s appointment as such.
officer shall be provided with a
certificate of appointment which shall be prima facie evidence
of the anti-terrorism officer’s appointment as such.
(3) An anti-terrorism officer or authorised officer carrying
out any functions under this Act shall, on demand by any
person who is affected by the exercise of power by the anti-
terrorism officer, produce for inspection the certificate referred
to in subsection (2).
(4) An anti-terrorism officer shall have the power, on
production of the certificate of appointment issued under
subsection (2), to demand the production of, and to inspect
or make copies of any documents or accounts kept by a
person, pursuant to the provisions of this Act.
(5) An anti-terrorism officer may, upon probable cause
shown on oath to a magistrate court, obtain a warrant to
enter upon and search or examine the premises prescribed
in the warrant in order to ascertain whether an offence is
being or has been committed in such premises and shall have
the power to make such examination, inspection and inquiry
and do such things as the anti-terrorism officer may consider
necessary for ascertaining whether or not the provisions of
this Act are being complied with.
such things as the anti-terrorism officer may consider
necessary for ascertaining whether or not the provisions of
this Act are being complied with.
(6) All books, records and documents required to be kept
by a person under any written law shall be open to inspection
at all reasonable times by an anti-terrorism officer or
authorised officer.
(7) An anti-terrorism officer or an authorised officer may
seize—
(a) an apparatus which the anti-terrorism officer or
police officer has reasonable cause to believe
is being used by, or is in the possession of, or
under the control of, a person in contravention
of this Act; and
(b) any book, record or document which the anti-
terrorism officer or an authorised officer has
reasonable cause to suspect will afford evidence
of the commission of an offence under this Act.
(8) An anti-terrorism officer may order a person to cease
using, pending inquiry by the Centre, an apparatus which is
being operated in contravention of this Act.
[Page 8]
20 No. 2 of 2015] Anti-Terrorism (Amendment)
ding inquiry by the Centre, an apparatus which is
being operated in contravention of this Act.
[Page 8]
20 No. 2 of 2015] Anti-Terrorism (Amendment)
(9) A person who obstructs or hinders an anti-terrorism officer or an authorised officer in the exercise of any powers under this Act or who neglects or fails to comply with an order commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both.
Powers of anti-
terrorism officers Cap. 112 Cap. 111
4I. (1) An anti-terrorism officer shall, in the exercise of a function and performance of a duty, have all the powers conferred on a police officer or authorised officer by or under this Act, the Preservation of Public Security Act and the State Security Act.
(2) Notwithstanding anything to the contrary contained in any other law, an anti-terrorism officer may, while on duty, carry such small arms as may be prescribed under this Act and may, in the course of duties, use such arms in circumstances where the use of arms is necessary and justifiable.
Entry by anti-
terrorism officer or other authorised persons
ties, use such arms in circumstances where the use of arms is necessary and justifiable.
Entry by anti-
terrorism officer or other authorised persons
4J. (1) An anti-terrorism officer or any person authorised by the Centre for the purpose may, at any reasonable time, enter any site or premises and inspect the site or premises, after giving reasonable notice to the person responsible for the site or premises, for the purpose of ensuring compliance with this Act.
(2) Notwithstanding subsection (1), an anti-terrorism officer may enter a site or premises for purposes of this Act, with warrant, if the anti-terrorism officer has reasonable grounds to believe that a provision of this Act has been or is about to be contravened or the site or premises have been used or are being used for the commission of an offence.
(3) An anti-terrorism officer or a person authorised by the Centre shall, where requested by a person responsible for any site or premises, produce evidence of the authorisation or permission to enter the site or premises.
(4) A person exercising any power under this section shall do so with reasonable care and in such a manner as to cause as little damage as possible.
Duty to provide information to anti-terrorism officer
4K. (1) A person responsible for a site or premises shall, on demand by an anti-terrorism officer—
y to provide information to anti-terrorism officer
4K. (1) A person responsible for a site or premises shall, on demand by an anti-terrorism officer—
(a) provide to the anti-terrorism officer information that is within that person’s knowledge in all matters relating to an inspection or investigation done under this Act; and
[Page 9]
Anti-Terrorism (Amendment) [No. 2 of 2015 21
(b) produce for inspection, any document or record
relating to any matter that is the cause for the
inspection or investigation.
(2) A person who contravenes subsection (1) commits
an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to
imprisonment not exceeding one year, or to both.
4L. A member of staff of the Centre shall, at the time of
Oath of joining and leaving the Centre, make and sign an oath of
allegiance allegiance and prescribed declarations before the Director or
and an officer appointed by the Director.
declarations
egiance allegiance and prescribed declarations before the Director or
and an officer appointed by the Director.
declarations
4M. (1) A person shall not, without the consent, in
Prohibition writing, given by or on behalf of the Committee, publish or
of disclose to an unauthorised person, otherwise than in the
publication course of duties of that person, the contents of any document,
of or communication or information that relates to or which has
disclosure come to the knowledge of that person in the course of that
of person's duties under this Act.
information
to (2) A person who contravenes sub-section (1) commits
unauthorised an offence and is liable, upon conviction, to a fine not
persons exceeding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.
exceeding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.
(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of sub-section (1), unlawfully publishes or
communicates the information to another person commits an
offence and is liable, upon conviction, to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a
term not exceeding two years, or to both.
4N. (1) A reporting entity notified of an organisation
Duty of declared as a terrorist organisation under paragraph (c) of
reporting subsection (2) of section four G shall freeze any funds held
entity by the reporting entity for or on behalf of the organisation.
(2) A reporting entity that contravenes subsection (1)
commits an offence and is liable, upon conviction, to a fine
not exceeding three hundred thousand penalty units.
commits an offence and is liable, upon conviction, to a fine
not exceeding three hundred thousand penalty units.
4. The principal Act is amended by the repeal of section twenty
Repeal and and the substitution therefor of the following:
replacement
of section 20
[Page 10]
Sure, here is the transcription:
22 [No. 2 of 2015] Anti-Terrorism (Amendment)
Terrorism
financing and
other
support
20. (1) A person who—
(a) finances or participates in the financing of
terrorism, irrespective of an occurrence of a
terrorist act or whether the funds have actually
been used to commit that act;
(b) invites another person to provide or make available
money or other property for purposes of
terrorism; and
(c) 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—
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 funds or other
property; or
(b) knows that the funds or other property provided
shall or may be used for the purposes of
terrorism;
commits an offence and is liable, upon conviction, to
imprisonment for life.
(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.
(4) In this section—
“financing of terrorism” means an act by
any person who by any means, directly
or indirectly, wilfully provides or collects
funds or attempts to do so with the
intention that the funds should be used
or knowing that they are to be used in
full or in part:
(a) to carry out a terrorist act;
(b) by a terrorist; or
(c) by a terrorist entity.
(a) to carry out a terrorist act;
(b) by a terrorist; or
(c) by a terrorist entity.
Amendment 5. Section twenty-two of the principal Act is amended by the
of section 22 deletion of subsection (3).
General 6. The principal Act is amended by the deletion of the word
Amendment “money” wherever it appears and the substitution therefor of the
of Act word “funds”.Have questions about this law?
Ask Ubutabera AI for instant, cited answers — free with an account. Save laws and download official PDFs too.
Create a free account