State Security Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE STATE SECURITY ACT
CHAPTER 111 OF THE LAWS OF ZAMBIA
CHAPTER 111 THE STATE SECURITY ACT
THE STATE SECURITY ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Espionage
4. Communications of certain information
5. Protection of classified information
6. Unauthorised use of uniforms, passes, etc.
7. Interfering with persons on guard at protected places
8. Harbouring
9. Attempts, etc.
10. Presumptions
11. Search warrants
12. Arrest without warrant
13. Duty to give information as to commission of offences
14. Authority of Director of Public Prosecutions required for prosecution
15. Power to exclude public from courts proceedings
16. General penalty
17. Production of telegrams
18. Extra-territorial application of Act, and place of trial
19. Repeal and saving of Act No. 12 of 1967

. General penalty
17. Production of telegrams
18. Extra-territorial application of Act, and place of trial
19. Repeal and saving of Act No. 12 of 1967

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SCHEDULE -Search warrant
CHAPTER 111
STATE SECURITY
An Act to make better provision relating to State security; to deal with espionage,
sabotage and other activities prejudicial to the interests of the State; and to
provide for purposes incidental to or connected therewith.
[23rd October, 1969]
36 of 1969
17 of 1973
27 of 1985
1. This Act may be cited as the State Security Act. Short title

ental to or connected therewith.
[23rd October, 1969]
36 of 1969
17 of 1973
27 of 1985
1. This Act may be cited as the State Security Act. Short title

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
2.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
2.

(1) In this Act, unless the context otherwise requires-
"authorised officer", in relation to any provision of this Act, means a person
authorised by the person responsible for the administration of this Act to
exercise the powers or perform the duties conferred or imposed by such
provision;
"classified matter" means any information or thing declared to be classified by an
authorised officer;
"Defence Force" has the meaning assigned to it in section two of the Defence Act;
"Director" means the Director of Public Prosecutions;
"disaffected person" includes any person carrying on a seditious activity, that is to
say, an activity constituting an offence under section fifty-seven of the
Penal Code;
"foreign agent" includes any person who is or has been reasonably suspected of
being or having been directly or indirectly employed by a state other than
the Republic for the purpose of doing in the Republic or elsewhere any act
prejudicial to the safety or interests of the Republic, or who has or is
reasonably suspected of having done or attempted to do such an act in the
Republic or elsewhere in the interests of a state other than the Republic;
"model" includes a design, pattern or specimen;
"munitions of war" means any article, material, or device, including military stores,
or any part thereof, whether actual or proposed, intended or adapted for
use in war or the defence of the Republic or capable of being adapted for
such use, or any article used, or capable of being used or converted or
adapted for use, in the production thereof;
"necessary service" includes-
(a) any service relating to the generation, supply or distribution of
electricity;
(b) any fire brigade or fire service;
(c) any sewerage, rubbish disposal or other sanitation service;
(d) any health, hospital or ambulance service;
(e) any service relating to the supply or distribution of water;
(f) any service relating to the production, supply, delivery or distribution
of food or fuel;
(g) mining;
(h) any communications service;
(i) any transport service;
(j) any road, railway, bridge, ferry, pontoon, airfield, harbour or dock; or
(k) any other service or facility, whether or not of a kind similar to the
foregoing, declared by the President to be a necessary service for
the purposes of this Act;
"officer in charge of police" means the officer, not below the rank of Sub-Inspector,
appointed by the Inspector-General of Police to be in charge of any police
station, and includes, when the officer in charge of the police station is
absent therefrom or unable, from illness or other cause, to perform his
duties, the police officer present at the police station who is next in rank to
such officer;
"official document" includes a passport, any pass of the Defence Force, any police
or other official pass, permit, certificate, licence or other similar document;
"protected place" means-
Interpretation
Cap.

Defence Force, any police
or other official pass, permit, certificate, licence or other similar document;
"protected place" means-
Interpretation
Cap.

106
Cap. 87
Cap. 125
Cap. 125

106
Cap. 87
Cap. 125
Cap. 125

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(2) For the purposes of this Act-
(a) expressions referring to communicating or receiving include the
communicating or receiving of part of the sketch, plan, model, note or other
document, article or information, or of the substance, effect or description
thereof;
(b) expressions referring to obtaining or retaining any sketch, plan, model, note
or other document or article include the copying or causing to be copied the
whole or any part thereof; and
(c) expressions referring to the communication of any sketch, plan, model, note
or other document or article include the transfer or transmission thereof. (As amended by Act No. 27 of 1985)
3.

tion of any sketch, plan, model, note
or other document or article include the transfer or transmission thereof. (As amended by Act No. 27 of 1985)
3.

Any person who, for any purpose prejudicial to the safety or interests of the
Republic-
(a) approaches, inspects, passes over, is in the vicinity of or enters any
protected place;
(b) makes any sketch, plan, model or note or in any manner whatsoever makes
a record of or relating to any thing which might be or is intended to be
directly or indirectly useful to a foreign power or disaffected person;
(c) obtains, collects, records, publishes or communicates to any person any
code, password, sketch, plan, model, note or other document, article or
information which might be or is intended to be directly or indirectly useful to
a foreign power or disaffected person; or
(d) without lawful excuse damages, hinders or interferes with, or does any act
which is likely to damage, hinder or interfere with, any necessary service or
the carrying on thereof;
shall be guilty of an offence and liable on conviction to imprisonment for a period of not
less than twenty years but not exceeding thirty years. (As amended by Act No. 17 of 1973)
Espionage
4.

conviction to imprisonment for a period of not
less than twenty years but not exceeding thirty years. (As amended by Act No. 17 of 1973)
Espionage
4.

(1) Any person who has in his possession or under his control any code,
password, sketch, plan, model, note or other document, article or information, which
relates to or is used in a protected place or anything in such a place, or which has been
made or obtained in contravention of this Act, or which has been entrusted in confidence
to him by any person holding office under the Government, or which he has obtained or to
which he has had access owing to his position as a person who holds or has held such
office or as a person who is or was a party to a contract with the Government or a contract
the performance of which in whole or in part is carried out in a protected place, or as a
person who is or has been employed by or under a person who holds or has held such an
office or is or was a party to such a contract, and who-
Communication of
certain information
(a) uses the same in any manner or for any purpose prejudicial to the safety or
interests of the Republic;

d who-
Communication of
certain information
(a) uses the same in any manner or for any purpose prejudicial to the safety or
interests of the Republic;

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(b) communicates the same to any person other than a person to whom he is
authorised to communicate it or to whom it is in the interests of the Republic
his duty to communicate it;
(c) fails to take proper care of, or so conducts himself as to endanger the
safety of, the same; or
(d) retains the sketch, plan, model, note, document or article in his possession
or under his control when he has no right or when it is contrary to his duty
so to do, or fails to comply with any lawful directions with regard to the
return or disposal thereof;
shall be guilty of an offence and liable on conviction to imprisonment for a term of not less
than fifteen years but not exceeding twenty-five years.

shall be guilty of an offence and liable on conviction to imprisonment for a term of not less
than fifteen years but not exceeding twenty-five years.

(2) Any person who has in his possession or under his control any sketch, plan,
model, note or other document, article or information, relating to munitions of war and who
communicates it directly or indirectly to any person in any manner for any purpose
prejudicial to the safety or interests of the Republic shall be guilty of an offence and liable
on conviction to imprisonment for a term of not less than fifteen years but not exceeding
twenty-five years. (3) Any person who receives any code, password, sketch, plan, model, note or other
document, article or information, knowing or having reasonable grounds to believe at the
time when he receives it that the same is communicated to him in contravention of the
provisions of this Act, shall, unless he proves that the communication thereof to him was
against his wish, be guilty of an offence and liable on conviction to the penalty prescribed
in subsection (1).

t the communication thereof to him was
against his wish, be guilty of an offence and liable on conviction to the penalty prescribed
in subsection (1).

(4) Any person who communicates to any person, other than a person to whom he
is authorised by an authorised officer to communicate it or to whom it is in the interests of
the Republic his duty to communicate it, any information relating to the defence or security
of the Republic shall be guilty of an offence and liable on conviction to imprisonment for a
term of not less than fifteen years but not exceeding twenty-five years. (5) For the purposes of subsection (4), "information relating to the defence or
security of the Republic" includes (but without derogating from the generality or the
ordinary meaning of that expression) information relating to the movements or locations of
the Defence Force or the Police Force, the steps taken to protect any vital installations or
protected places, and the acquisition or disposal of munitions of war. (As amended by Act No. 17 of 1973)
5.

ken to protect any vital installations or
protected places, and the acquisition or disposal of munitions of war. (As amended by Act No. 17 of 1973)
5.

(1) Any person who communicates any classified matter to any person other than
a person to whom he is authorised to communicate it or to whom it is in the interests of
the Republic his duty to communicate it shall be guilty of an offence and liable on
conviction to imprisonment for a term of not less than fifteen years but not exceeding
twenty-five years. Protection of classified
information

able on
conviction to imprisonment for a term of not less than fifteen years but not exceeding
twenty-five years. Protection of classified
information

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(2) In a prosecution for a contravention of subsection (1) it shall be no defence for
the accused person to prove that when he communicated the matter he did not know and
could not reasonably have known that it was classified matter. (As amended by Act No. 17 of 1973)
6. (1) Any person who, for the purpose of gaining or assisting any other person to
gain admission to a protected place or for any other purpose prejudicial to the safety or
interests of the Republic-
Unauthorised use of
uniforms, passes, etc.

ssion to a protected place or for any other purpose prejudicial to the safety or
interests of the Republic-
Unauthorised use of
uniforms, passes, etc.

(a) without lawful authority uses wears, has in his possession, imports or
manufactures any uniform of the Defence Force or of the Police Force or
any other official uniform of the Republic, or any uniform or dress so closely
resembling the same as to be likely to deceive, or falsely represents himself
to be a person who is or has been entitled to wear or use any such uniform;
(b) without lawful authority uses any vehicle belonging to the Government or
any branch thereof, or any vehicle which because of false number-plates or
other reason so closely resembles such a vehicle as to be likely to deceive,
or falsely represents himself to be a person who is entitled to use such a
vehicle;
(c) orally or in writing in any declaration or application or in any document
signed by him or on his behalf, omits any material fact or makes any
statement which in any particular he knows to be false or does not believe
to be true;
(d) forges, alters or tampers with any official document or uses or has in his
possession any forged, altered or irregular official document;
(e) personates or falsely represents himself to be a person holding, or in the
employ of a person holding, office under the Government, or to be or not to
be a person to whom an official document or a secret official code or
password has been duly issued or communicated, or, with intent to obtain,
whether for himself or for any other person, an official document or any
secret official code or password, makes any statement which in any
particular he knows to be false or does not believe to be true; or
(f) without lawful authority uses or has in his possession or under his control
any die, seal or stamp of or belonging to or used, made or provided by any
Government department or by any diplomatic, naval, army or air force
authority appointed by or acting under the authority of the Government, or
any die, seal or stamp so closely resembling any such die, seal or stamp as
aforesaid as to be likely to deceive, or counterfeits any such die, seal or
stamp or uses or has in his possession or under his control any such
counterfeit die, seal or stamp;
shall be guilty of an offence and liable on conviction to imprisonment for a term of not less
than fifteen years but not exceeding twenty-five years.

shall be guilty of an offence and liable on conviction to imprisonment for a term of not less
than fifteen years but not exceeding twenty-five years.

(2) Any person who-

(2) Any person who-

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(a) retains any official document, whether or not completed or issued for use,
when he has no right or when it is contrary to his duty so to do, or fails to
comply with any lawful directions with regard to the return or disposal
thereof;
(b) allows any other person to have possession of any official document issued
for his use alone, or communicates to any person any secret official code or
password so issued, or without lawful authority or excuse has in his
possession any official document or secret official code or password issued
for the use of some person other than himself, or, on obtaining possession
of any official document, whether by finding or otherwise, neglects or fails to
hand it over to the person or authority by whom or for whose use it was
issued or to a police officer; or
(c) without lawful authority or excuse manufactures or sells, or has in his
possession for sale, any such die, seal or stamp as aforesaid;
shall be guilty of an offence and liable on conviction to the penalties prescribed in
subsection (1). (As amended by No. 54 of 1970 and Act 17 of 1973)
7.

l be guilty of an offence and liable on conviction to the penalties prescribed in
subsection (1). (As amended by No. 54 of 1970 and Act 17 of 1973)
7.

Any person who, in the vicinity of any protected place, knowingly obstructs,
misleads or otherwise interfers with any person engaged on guard, sentry, patrol or other
similar duty in relation to the protected place shall be guilty of an offence and liable on
conviction to imprisonment for a term of not less than fifteen years but not exceeding
twenty five years. (As amended by Act No. 17 of 1973)
Interfering with
persons on guard at
protected places
8.

ss than fifteen years but not exceeding
twenty five years. (As amended by Act No. 17 of 1973)
Interfering with
persons on guard at
protected places
8.

Any person who-
(a) knowingly harbours or conceals any person whom he knows or has
reasonable grounds for supposing to be a person who is about to commit or
has committed an offence under this Act, or knowingly permits any such
persons to meet or assemble in any premises in his occupation or under his
control; or
(b) having harboured or concealed any such person or permitted any such
persons to meet or assemble in any premises in his occupation or under his
control, wilfully omits or refuses to disclose to a police officer of or above
the rank of Inspector any information that it is in his power to give in relation
to any such person;
shall be guilty of an offence and liable on conviction to imprisonment for a term of not less
than fifteen years but not exceeding twenty-five years. (As amended by Act No. 17 of 1973)
Harbouring
9. Any person who attempts to commit any offence under this Act, or solicits or
incites or endeavours to persuade another person to commit any such offence, or aids or
abets or does any act preparatory to the commission of such an offence, shall be guilty of
an offence and liable on conviction to the same penalties as if he had been convicted of
that offence.

mmission of such an offence, shall be guilty of
an offence and liable on conviction to the same penalties as if he had been convicted of
that offence.

Attempts, etc

Attempts, etc

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
10. (1) If in any prosecution against any person for an offence under section three it
is proved that he has been in communication with, or attempted to communicate with, a
foreign agent in the Republic or elsewhere it shall, unless the contrary is proved, be
presumed that he has, for a purpose prejudicial to the safety or interests of the Republic,
obtained or attempted to obtain information which might be or is intended to be directly or
indirectly useful to a foreign power.

sts of the Republic,
obtained or attempted to obtain information which might be or is intended to be directly or
indirectly useful to a foreign power.

Presumptions
(2) For the purposes of subsection (1), but without derogating from the generality of
that subsection, a person shall, unless he proves the contrary, be deemed to have been in
communication with a foreign agent if-
(a) he has, whether within or outside the Republic, visited or addressed any
communication to the address of, or associated with, a foreign agent; or
(b) whether within or outside the Republic, the name or address of, or any
other information regarding, a foreign agent has been found in his
possession or under his control, or has been supplied by him to any other
person or has been obtained by him from any other person. (3) Any address, whether within or outside the Republic, reasonably suspected of
being an address used for the receipt of communications intended for a foreign agent, or
at which a foreign agent resides or to which he resorts or at which he carries on business,
shall be deemed to be the address of a foreign agent.

, or
at which a foreign agent resides or to which he resorts or at which he carries on business,
shall be deemed to be the address of a foreign agent.

(4) If in a prosecution under this Act it is alleged that the accused acted for a
purpose prejudicial to the safety or interests of the Republic he shall, unless the contrary
is proved, be deemed so to have acted if, from the circumstances of the case or his
character or general conduct as proved, it appears that he acted for such a purpose. (5) If in a prosecution under this Act it is alleged that the accused made, obtained,
collected, recorded, published or communicated anything for a purpose prejudicial to the
safety or interests of the Republic and it is proved that the making, obtaining, collecting,
recording, publishing or communicating was by any person other than a person acting
under lawful authority it shall, unless the contrary is proved, be presumed that the purpose
of the act or conduct in question was a purpose prejudicial to the safety or interests of the
Republic. (6) Where the lack of lawful authority or excuse is an ingredient of an offence under
this Act, the burden of proving such authority or excuse shall lie on the accused and the
burden shall not be on the prosecution to prove such lack.

r
this Act, the burden of proving such authority or excuse shall lie on the accused and the
burden shall not be on the prosecution to prove such lack.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
11. (1) If a magistrate is satisfied by information on oath that there is reasonable
ground for suspecting that an offence under this Act has been or is about to be committed
he may grant a search warrant in the form set out in the Schedule authorising any police
officer named therein of or above the rank of Sub Inspector, together with such other
police officers and other persons who may be authorised by such named police officer, at
any time to enter any premises, place, aircraft, ship, boat, train or other vehicle, or
receptacle, as the case may be, named or described in the warrant, if necessary by force,
and to search the same and every person or vehicle found thereon or therein or in the
vicinity thereof, and to seize anything which he may find in the course of such search
which is or may be evidence of an offence under this Act having been or being about to be
committed or with regard to or in connection with which he has reasonable grounds for
suspecting that an offence has been or is about to be committed.

committed or with regard to or in connection with which he has reasonable grounds for
suspecting that an offence has been or is about to be committed.

Search warrants
(2) Where it appears to a police officer of or above the rank of Chief Inspector or to
an officer in charge of police that the matter is one of such urgency that in the interests of
the Republic immediate action is necessary, he may by written order under his hand give
to any police officer of or above the rank of Sub Inspector the like authority as may be
given by the warrant of a magistrate under this section. (3) Notwithstanding anything contained in any other law, it shall not be necessary for
anything found in the course of any search conducted in terms of a warrant or authority
issued or given under this section to be brought before any court. (4) If at the conclusion of any proceedings, including proceedings on appeal, before
any court against any person for an offence under this Act application is made by the
prosecution, on the ground that the return of such article would be prejudicial to the safety
or interests of the Republic, that any article seized in the course of a search conducted in
terms of a warrant or authority issued or given under this section shall become the
property of the Republic, the court shall make an order to that effect. 12.

a warrant or authority issued or given under this section shall become the
property of the Republic, the court shall make an order to that effect. 12.

(1) Any person who is found committing an offence under this Act or who is
reasonably suspected of having committed or having attempted to commit or being about
to commit such an offence may be arrested by any police officer and detained. Arrest without warrant
(2) Any person arrested under the provisions of this section shall, whether or not the
police inquiries are completed, be brought before a magistrate as soon as practicable. 13. (1) Where the Attorney-General is satisfied that there is reasonable ground for
suspecting that an offence under this Act has been or is about to be committed and for
believing that some person is able to furnish information with regard thereto, he may by
writing under his hand authorise a named police officer to require that person to give any
information in his power relating to such suspected offence or anticipated offence and, if
so required and on tender of his reasonable expenses, to attend at such reasonable time
and place as may be specified by such police officer.

and, if
so required and on tender of his reasonable expenses, to attend at such reasonable time
and place as may be specified by such police officer.

Duty to give
information as to
commission of
offences
(2) Any person who, having been required in terms of subsection (1) to give
information or to attend at a specified time and place, wilfully fails to comply with such
requirement or knowingly gives false information shall be guilty of an offence.

tend at a specified time and place, wilfully fails to comply with such
requirement or knowingly gives false information shall be guilty of an offence.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
14. Where any person is brought before a court on a charge under this Act no
further proceedings in respect thereof shall be taken against him without the authority in
writing of the Director, save such as may be necessary by remand to secure the due
appearance of the person charged. Authority of Director of
Public Prosecutions
required for
prosecution
15. (1) If in the course of any proceedings, including proceedings on appeal, before
any court against any person for an offence under this Act application is made by the
prosecution, on the ground that the publication of any evidence to be given or of any
statement to be made in the course of such proceedings would be prejudicial to the
interests of the Republic, that all or any portion of the public be excluded during the whole
or any part of the hearing, the court shall make an order to that effect:
Power to exclude
public from court
proceedings
Provided that the passing of sentence shall take place in public.

t shall make an order to that effect:
Power to exclude
public from court
proceedings
Provided that the passing of sentence shall take place in public.

(2) The powers of the court under this section shall be in addition to any other
powers such court may have to exclude the public from any proceedings. 16. Any person convicted of an offence under this Act for which no penalty is
provided shall be liable on conviction to imprisonment for a term of not less than five years
but not exceeding ten years. (As amended by Act No. 17 of 1973)
General penalty
17. (1) Where it appears to the President that it is expedient in the public interest so
to do he may by warrant under his hand require any person who owns or controls any
apparatus within the Republic used for the sending or receipt of telegrams to produce to
the person named in the warrant the originals and transcripts of all telegrams or of
telegrams of any specified class or description, or of telegrams sent from or addressed to
any specified person or place, and all other papers relating to any such telegram. Production of
telegrams
(2) Any person who, on being required to produce any such original or transcript or
paper as aforesaid, refuses or neglects to do so shall be guilty of an offence. 18.

o, on being required to produce any such original or transcript or
paper as aforesaid, refuses or neglects to do so shall be guilty of an offence. 18.

(1) Any act, omission or other conduct constituting an offence under this Act
shall constitute such offence wherever such conduct took place, whether within or outside
the Republic. Extra-territorial
application of Act, and
place of trial
(2) An offence under this Act, for the purpose of determining the jurisdiction of a
court to try the offence, shall be deemed to have been committed either at the place in
which it was actually committed or at any place in the Republic in which the accused may
be found. 19. The Official Secrets Act, 1967, is repealed: Repeal and saving of
Act No. 12 of 1967

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Provided that any person may after the commencement of this Act be prosecuted
under the said Official Secrets Act in respect of any act, omission or other conduct taking
place prior to the commencement of this Act as if this Act had not come into operation.

ts Act in respect of any act, omission or other conduct taking
place prior to the commencement of this Act as if this Act had not come into operation.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SCHEDULE
(Section 11)
REPUBLIC OF ZAMBIA
STATE SECURITY ACT
SEARCH WARRANT
IN THE SUBORDINATE COURT of the
class for the District
holden at
To: Police Officer
WHEREAS
of
has this day made information on oath that there is reasonable ground for suspecting that an offence under the State
Security Act has been or is about to be committed;
NOW THEREFORE you are hereby authorised and commanded in the name of the President to enter at any time, with
such other police officers and other persons as may be authorised by you,
and search the same and any person or vehicle found therein or thereon or in the vicinity thereof and to seize anything
which may be found on such search which is or may be evidence of an offence under the said Act having been or being
about to be committed or with regard to or in connection with which you have reasonable grounds for suspecting that an
offence under the said Act has been or is about to be committed.
ISSUED AT the
day of 19 .
....................................
Magistrate