Anti-Personnel Mines (Prohibition)Act [Chapter 11:19]

Chapter 11:19

Anti-Personnel Mines (Prohibition)Act

Act 17/2000, 22/2001 (s.4), 14/2002 (s. 18).

 

AN ACT to enable effect to be given within Zimbabwe to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, signed at Oslo, Norway, on the 18th September, 1997.

[Date of commencement: 16th March, 2001.]

1    Short title

This Act may be cited as the Anti-Personnel Mines (Prohibition) Act [Chapter 11:19].

                       2    Interpretation

(1) In this Act

“anti-handling device” means a device intended to protect a mine that is part of, linked to, attached to or placed under the mine, and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine;

“anti-personnel mine” means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons;

[Definition amended by section 18 of Act 14 of 2002]

“Convention” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, signed at Oslo, Norway, on the 18th September, 1997, the text of which is set out in the Schedule;

“Government representative” means

• a person appointed by the Secretary of the Ministry for which the Minister is responsible; or
• a police officer designated by the Commissioner of Police; who accompanies or assists a member of a fact-finding mission in carrying out his duties;

“member of a fact-finding mission” means a member of a fact-finding mission established under Article 8 of the Convention;

“mine” means an explosive device designed, altered or intended to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;

“Minister” means the Minister of Defence or any other Minister to whom the President may, from time to time, assign the administration of this Act;“transfer”, in relation to an anti-personnel mine, includes

• moving the mine into or out of Zimbabwe; and
• transferring ownership or title to or over the mine; but does not include transferring ownership or title of land in which a mine has been planted or emplaced.

(2) Any expression to which a meaning has been assigned in the Convention shall bear the same meaning in this Act.

• Application of Act to State

This Act shall bind the State.

• Convention to have force of law in Zimbabwe

The Convention shall have the force of law in Zimbabwe.

                       5    Anti-personnel mines

(1) Subject to subsection (2), any person who

• develops, manufactures, produces, acquires or possesses an anti-personnel mine; or
• transfers, directly or indirectly, an anti-personnel mine to another person; or
• places an anti-personnel mine under, on or near the ground or other surface area
  • intending to cause the mine to explode by the presence, proximity or contact of a person; or
  • in circumstances in which there is a reasonable possibility that the mine will explode by the presence, proximity or contact of a person; or
• in any way, assists, encourages or induces another person to engage in any activity prohibited to a State party to the Convention; shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

[Subsection as amended by section 4 of Act No. 22 of 2001]

(2) It shall be a defence to a charge of contravening paragraph (a), (b) or (c) of subsection (1) for the person charged to prove that

• he acted in accordance with an authority under section seven, for the purpose of developing techniques in mine detection, mine clearance or mine destruction or for the purpose of training persons in those techniques; or
• he acted in the course of that person’s duties as a member of the Defence Forces or the Police Force or as an employee or agent of the State, and for the purpose of
  • rendering the anti-personnel mine concerned harmless; or
  • any proceedings in terms of this Act or any other law; or
• the anti-personnel mine concerned had been deactivated in the manner prescribed.

(3) It shall be a defence to a charge of contravening paragraph (d) of subsection (1) for the person charged to prove that

• he acted in the course of operations, exercises or other military activities with the armed forces of a State that is not a party to the Convention; and
• his conduct did not amount to active participation in any conduct referred to in paragraph (a), (b) or (c) of subsection (1).

                       6     Destruction of anti-personnel mines

• Every person who possesses an anti-personnel mine the possession of which is prohibited by section five shall without delay deliver it, for destruction, to such person as may be ordered by the Minister.
• Subject to section seven, the Minister shall ensure the destruction of all anti-personnel mines stockpiled by the Government or delivered under subsection (1) for destruction.

                       7    Authorisation by Minister

The Minister may authorise anti-personnel mines to be placed, acquired, possessed or transferred by any person for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for those purposes.

                       8    Request for Information

• Any person who possesses information or documents relevant to the administration or enforcement of this

Act, or information that Zimbabwe is required by the Convention to report to the Secretary-General of the United Nations, shall provide such information or document to the Minister, within a reasonable time after being requested to provide it.

• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.

[Subsection as amended by section 4 of Act No. 22 of 2001]

                       9    Inspections

• Subject to this section, a member of a fact-finding mission shall, for purposes of enforcing the Convention, have power at all reasonable times to enter and inspect any place in Zimbabwe that has or may have the capacity to develop, produce or stockpile anti-personnel mines in a manner consistent with the Convention.
• Subsection (1) shall not be construed as authorising a member of a fact-finding mission or any other person to enter or search any premises without the consent of the owner or occupier of the premises unless there are reasonable grounds for believing that such entry or search is necessary for the prevention, investigation or detection of an offence under this Act.
• In order to facilitate inspections, a member of a fact-finding mission may be accompanied by a

Government representative and may direct any person who is in control of the place being inspected to

• provide the member with access to any area, container or thing in the place; and
• permit the member to examine anything in the place; and
• permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place; and
• permit the member to interview any person in the place; and
• permit the member to take samples for analysis of anything in the place and permit the member to remove the samples for analysis outside the place.
• The Minister shall cause every member of a fact-finding mission and every Government representative and other person authorised to accompany the member, to be issued with a certificate, badge or other form of identity identifying the member, representative or person by name and indicating his status and authority to conduct inspections.
• Every member of a fact-finding mission and every Government representative and other person authorised to accompany the member shall, whilst on duty, carry the certificate, badge or other form of identity, as the case may be, issued to them in terms of subsection (4) and shall produce it upon the request of any owner or occupier of the place being inspected.