(2) A magistrate may, on an application by a police officer in the prescribed form, that
specified computer data or a printout or other information is reasonably required for the purpose of
a criminal investigation or criminal proceedings, order that—
(a) a person in Zimbabwe in control of the relevant computer system produce from the system
specified computer data or a printout or other intelligible output of that data; or
(b) an electronic communications service provider in Zimbabwe produce information about
persons who subscribe to or otherwise use the service.
(3) An application referred to in subsection (1) shall be supported by an affidavit in which
the police officer shall set out the offence being investigated, the computer system in which it is
suspected to be stored, the reasonable grounds upon which the belief is based, the measures that
will be taken in pursuance of the investigation and the period over which those measures will the
taken.
(4)
A police officer granted a warrant in terms of this section may—
(a) if there are reasonable grounds to believe that computer data concerned is susceptible to
loss, alteration, deletion, impairment or modification, by written notice given to a person
in control of the computer data, require the person in control of the data to ensure that the
data specified in the notice is preserved for a period not exceeding seven days as may be
specified in the notice which period may be extended, on an application to a magistrate,
for such period as the magistrate may grant;
(b) by written notice to a person in control of the computer system or information system
concerned, require the person in control thereof to disclose relevant traffic data concerning
specified communications in order to identify-(i)
the service providers; or
(ii)
the path through which the communication was transmitted.
34 Expedited preservation
(1) A magistrate may, on an application by a police officer in the prescribed form, that there
are reasonable grounds to suspect or believe that traffic data associated with a specified
communication is required for the purposes of a criminal investigation-(a)
order any person in control of such data to-(i)
collect, record or preserve the traffic data associated with a specified communication
during a specified period; or
(ii) permit and assist a specified police officer to collect or record that data.
(b) authorize the police officer to collect or record traffic data associated with a specified
communication during a specified period through the use of any appropriate technological
means.
(2) Subsection (3) of section 33 shall apply mutatis mutandis to an application in terms of
this section.
Page 18 of 24