Zambia Security Intelligence Service

Zambia Security Intelligence [No. 14 of 1998 179
Service
T H E ZAMBIA S E C U R I T Y I N T E L L I G E N C E S E R V I C E
ACT, 1998
ARRANGEMENT OF SECTIONS
P A R T I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
P A R T II
THE ZAMB[A SECURITY INTELLIGENCE SERVICE
3. Continuation of the Zambia Security Intelligence Service
4. Director-General and employees of Service
5. Functions of Director-General
6. Command and administration of Service
7. Functions of Service
8. Use of firearms
9. Staff Board
10. Declaration and oath of allegiance
11. Prohibition of publication or disclosure of information
12. Probihition of entry or access to premises and documents of
Service
13. Warrant required prior to taking of certain actions
14. Powers of intelligence officers
PART III
THE NATIONAL INTELLIGENCE COUNCIL
15. Constitution of National Intelligence Council
16. Functions of National Intelligence Council
17. Meetings of Council
PART IV
MISCELLANEOUS
18. Savings and transitional provisions
19. Regulations
20. Repeal of Zambia Security Intelligence Service Act, 1973
Copies of this Act can be obtained from the Government Printer,
P. O. Box 30136, 10101, Lusaka.

peal of Zambia Security Intelligence Service Act, 1973
Copies of this Act can be obtained from the Government Printer,
P. O. Box 30136, 10101, Lusaka.

Price'K2,500.00 each.

Price'K2,500.00 each.

Zambia Security Intelligence [No. 14 of 1998 181
Service
GOVERNMENT OF ZAMBIA
ACT
No. 14 of 1998
Date of Assent: 21st April, 1998
An Act to provide for the continued existence of the Zambia
Security Intelligence Service, its functions and discipline; to
constitute the National Intelligence Council and define its
functions; to repeal and replace the Zambia Security
Intelligence Service Act, 1973; and to provide for matters
connected with or incidental to the foregoing.
[24th April, 1998
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY
1. This Act may be cited as the Zambia Security Intelligence
Service Act, 1998, and shall come into operation on such date as the
President may, by statutory instrument, appoint.
2. In this Ac4, unless the context otherwise requires—
" appointed date " means such date as the President may
appoint under section one;
" classified document or information " means an;, document
or information as the case may be, which is a classified
matter within the meaning of the State Security Act;
" classified matter" shall have the meaning assign^ J to it in the
State Security Act;
Enactment
Short title
and
commence
ment
Intrepretation
Cap. 110
Cap. 110

ied matter" shall have the meaning assign^ J to it in the
State Security Act;
Enactment
Short title
and
commence
ment
Intrepretation
Cap. 110
Cap. 110

182 No. 14 of 1998] Zambia Security Intelligence
Service
" Council " means the National Intelligence Council consti
tuted under section fifteen:
" Court " means a Subordinate Court or the High Court of
Zambia;
" Deputy Director " means the person appointed Deputy
Director under section four;
" Director " means the person appointed Director under
section four,
" employee" means a person other than an intelligence officer,
acting in any post or appointment in the Service and any
person performing any clerical or auxiliary duties;
" espionage " means an act constituting the offence of espio-
Cap. 110 nage as provided under the State Security Act;
" Executive Director " means the person appointed Executive
Director under section four,
" intelligence " means any information collected and
processed by an intelligence officer which has a bearing on
the security interests of the Republic;
" intelligence officer " means an officer of the Service o'her
than an employee;
" repealed Act " means the Zambia Security Intelligence
A c
> N o
' 4 3
Service Act, 1973;
of 1973
" sabotage " means—
(a) an act intended to cause damage or injury to-—
(i) plant, machinery, or vita!

gence
A c
> N o
' 4 3
Service Act, 1973;
of 1973
" sabotage " means—
(a) an act intended to cause damage or injury to-—
(i) plant, machinery, or vita!

installations used
for the purposes of communications, trans
port, water, energy and electricity si oply;
(ii) buildings; and
(iii) any other property; with a view to assisting
any person, State or organisation that is
hostile to the Republic or for purposes of
furthering a subversive act:
(b) withholding information or supplying information
which has a bearing on the security interests of the
Republic knowing that it will result or is likely to
result in any government institution arnvmg at an
erroneous decision;
" security " means protection from espionage, subversion and
sabotage;

likely to
result in any government institution arnvmg at an
erroneous decision;
" security " means protection from espionage, subversion and
sabotage;

Zambia Security Intelligence [No, 14 of 1998 185
Service
10. (1) At the time of joining and leaving the Service, every
intelligence officer or employee shall make and sign before any
officer designated by the President or the Director-General, a
declaration in such manner as may be prescribed by regulations. (2) In addition to the declarations referred to in subsection (1),
officers of the rank of Deputy Director and above shall take the oath
of allegiance before the President. (3) Every officer or employee shall, before making the declara
tion referred to in subsection (1), answer truthfully all questions put
to that person as to—
(a) the officer's or employee's previous and present employ
ment;
(b) whether the officer or employee has at any time been
charged with or convicted of any offence; and
(c) any other matter the President or the Director-General may
consider necessary
(4) Every officer or an employee who, having been required to
furnish information or answer questions put to that person, know
ingly and willfully gives false or misleading information shall be
g in!

required to
furnish information or answer questions put to that person, know
ingly and willfully gives false or misleading information shall be
g in!

ty of an offence and shall be liable, upon conviction, to a fine not
exceeding eight thousand penalty units or to imprisonment for a
term not exceeding twelve months, or to both. (?) Every person who is, on the commencement of this Act, an
employee or an intelligence officer of the Zambia Security Intelli
gence Service established under the repealed Act, shall be bound by
the provisions of this Act and shall sign the declaration referred to
in subsection (3), within three months of such commencement. (6) A person who fails to sign the declaration referred to in
subsection (1) within the period specified in subsection (5), shall be
deemed to have resigned from the Service. 11.

gn the declaration referred to in
subsection (1) within the period specified in subsection (5), shall be
deemed to have resigned from the Service. 11.

(1) An intelligence officer or employee of the Service shall
not without the consent in writing given by or on behalf of the
President, publish or disclose to any person, otherwise than in the
course of that officer's or employee's duties, the contents of any
document, communication or information whatsoever, which re
lates to, and which has come to that officer's or employee's
knowledge in the course of that person's duties or to which that
person has had access owing to the position that person holds or has
held or through any person who holds or has held any such office. Declaration
and oath of
allegiance
Prohibition
of publica
tion or
disclosure of
information
to
unauthorised
persons

holds or has held any such office. Declaration
and oath of
allegiance
Prohibition
of publica
tion or
disclosure of
information
to
unauthorised
persons

186 No. 14 of 1998] Zambia Security Intelligence
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Prohibition
of entry or
access to
premises and
documents
of Service
Warrant
required
prior to
taking of
certain
actions
(2) Any person who contravenes the provisions of subsection
(I) shall be guilty of an offence and shall be liable, upon conviction,
to a fine not exceeding ten thousand penalty units or to imprison
ment for a term not exceeding three years, or to both. (3) If any person having any information which to that person's
knowledge has been published or disclosed in contravention of
subsection (I), unlawfully publishes or communicates any such
information to any other person, that person shall be guilty of an
offence and shall be liable, upon conviction, to a fine not exceeding
ten thousand penalty units or to imprisonment for a term not
exceeding three years or to both. 12.

be liable, upon conviction, to a fine not exceeding
ten thousand penalty units or to imprisonment for a term not
exceeding three years or to both. 12.

(1) Notwithstanding the provisions of any other written
law, officers or representatives of Government ministries or depart
ments, organizations, institutions, statutory bodies or any other
unauthorised person or individual shall not, without the consent or
authority of the President, or any other person designated in writing
by the President in that behalf, enter any premises or component of
the Service or have any access to books, records, returns or other
documents. (2) The consent of the President or any other person designated
in that behalf by the President may be denied if, in the President's
opinion, or that of the person designated in that behalf by the
President, such access or entry is likely to—
(a) prejudice the security, defence or international relations of
the Republic; or
(b) cause damage to or compromise the operational activities
of the Service. 13. (1) Any entry into or interference with any property by an
intelligence officer shall be unlawful unless it is authorised by a
warrant issued by a court of competent jurisdiction.

rence with any property by an
intelligence officer shall be unlawful unless it is authorised by a
warrant issued by a court of competent jurisdiction.

(2) The court may, on an application made by the Director-
General or an officer of the rank of or above Deputy Director, issue
a warrant under this section authorising the taking of such action as
may be specified in the warrant in respect of anything so specified
if the court considers it necessary for that action to be taken in order
to obtain information which—
(a) is likely to be of substantial value to the Service in the
discharge of its functions; and
(b) cannot be reasonably obtained through other means.

(a) is likely to be of substantial value to the Service in the
discharge of its functions; and
(b) cannot be reasonably obtained through other means.

Zambia Security Intelligence [No. 14 of 1998 187
Service
14. A warrant issued under section thirteen shall authorise an
intelligence officer to—
(a) enter the premises or property owned or occupied by a
person whom the officer has reasonable cause to believe
is using the premises or property for carrying on busi
nesses or activities which are likely to be used for the
commission of an offence under this Act, the State
Security Act, or any other written law;
(b) examine or search any person or persons in whose posses
sion or control the officer believes or suspects are
articles, documents or information held in contravention
of this Act, the State Security Act or any other written
law which articles, documents or information are likely
to be used in a manner, or for a purpose, prejudicial to the
safety and security interests of the Republic; and
(c) seize any articles, books or documents which the officer
has reasonable cause to suspect will afford evidence of
the commission of an offence under this Act or any other
written law. PART in
THE NATIONAL INTELLIGENCE COUNCIL
15.

to suspect will afford evidence of
the commission of an offence under this Act or any other
written law. PART in
THE NATIONAL INTELLIGENCE COUNCIL
15.

(1) There shall be a National Intelligence Council which
shall consist of the following members:
(a) the President, who shall be the Chairman; and
(b) three other persons appointed by the President. (2) The Director-General shall be an ex-offlcio member and the
Secretary to the Council, but shall not have the right to vote. (3) The members appointed under paragraph (b) of subsection
(1) shall serve at the pleasure of the President. 16. The functions of the National Intelligence Council shall be
to formulate and review intelligence policy and review intelligence
activities. 17. The Council shall meet for the transaction of business at
such places and such times as the President may determine. PART IV
MISCELLANEOUS
18. (1) Subject to the other provisions of this Act, a person who
immediately before the appointed date held office as an intelligence
officer or employ ee of the Service shall continue to hold such office
Powers of
intelligence
officers
Establismeni
of National
Intelligence
Council
Functions of
National
Intelligence
Council
Meetings of
Council
Savings and
transitional
provisions

icers
Establismeni
of National
Intelligence
Council
Functions of
National
Intelligence
Council
Meetings of
Council
Savings and
transitional
provisions

188 No. 14 of 1998] Zambia Security Intelligence
Service
as an intelligence officer or employee as the case may be, as if
appointed under this Act. (2) The service of persons referred to in subsection (1) shall be
treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the Service immediately before
the appointed date. Regulations 19.

this Act affects the rights and liabilities of any
person employed or appointed by the Service immediately before
the appointed date. Regulations 19.

The President may, by statutory instrument, make regula
tions for the better carrying out of the provisions of this Act and,
without prejudice to the generality of the foregoing, such regula
tions may make provision with respect to all or any of the following
matters:
(a) the appointment, resignation, removal and retirement of
intelligence officers or employees;
(b) the designation, grading and the appointments in the
Service;
(c) the salaries, allowances, pensions, gratuities, benefits and
other conditions of service of the intelligence officers
and employees;
(d) the discipline of intelligence officers and employees;
(e) declarations to be made by intelligence officers and em
ployees at the time of joining and leaving the Service;
and
if) any other matter which may, in the opinion of the President,
help the Service to operate efficiently. 20. The Zambia Security Intelligence Service Act, 1973, is
hereby repealed. Repeal of
Act No. 43
of 1973