Lawyers in Zimbabwe on Thursday challenged regulations that allow
President Robert Mugabe’s government to tap into telephone conversations and e-mail communications.
The Law Society of Zimbabwe says that in addition to violating constitutional rights to freedom of expression, the country’s Postal and Telecommunications Act could also undermine the ”fundamental” right of client-attorney privilege.
Adrian de Bourbon, who is representing the society, told a full bench of the Supreme Court that ”the administration of justice could be severely affected” if the law did not recognise legal professional privilege.
The Law Society wants sections of the act to be set aside and redrafted by parliament.
De Bourbon said in other countries a court order is needed to tap phones.
”Why is it necessary for the legislature to impose that absolute power in the president?” he asked.
Under the act, a ”severe criminal sanction” is imposed on service providers that alert clients to the fact that their mobile phones, e-mail or telephones are being monitored, de Bourbon said.
But state lawyer Yvonne Dondo told the court that the president would only intercept communications if it was in the interest of national security.
Chief Justice Godfrey Chidyausiku said the court would need time to consider the submissions. Judgement was reserved. – Sapa-AFP