ECONET Wireless has been granted a provisional High Court
order staying execution of a warrant authorising police to seize the company’s
entire database of the transaction details of its mobile money subscribers,
largely because the search warrant did not specify the names of those whose
details were required.
The High Court ruled that such general warrants were not
permissible. The staying of the execution of the warrant lasts until the High
Court has decided on the legality of the warrant in a fuller legal hearing.
The company, which boasts of more than 11 million
subscribers, is arguing that the warrant was too general, seeking details of
all subscribers rather than just those suspected of breaking laws, and also
violates its privacy and that of its subscribers.
The ruling comes after Econet, the country’s largest mobile
phone operator, approached the High Court for relief, after the police
requested it to hand over details of its mobile money transactions and
subscribers on Friday last week.
The authorities suspect its network was being used to conduct
money-laundering. But Justice Edith Mushore granted the urgent application by
Econet to stay the execution of the warrant until the determination of the
legality of the request for the desired details.
In granting the provisional order Justice Mushore made an
observation that the affidavit giving rise to the warrant was contradictory.
It specified that there are specific persons alleged to be
involved in money laundering, but it requested the entire database of all
customers and not the details of those specific “runners”.
“This shows that the police may actually not have had
reasonable suspicion,” said Justice Mushore.
“A warrant of this kind is not permissible. This is no
longer Rhodesia where such searches were permissible.”
In an urgent High Court application, Econet argued that the
warrant should be suspended while the court determined its legality at a full
hearing in future.
The warrant of search and seizure, the company further
argued, was unlawful and constituted a violation of its right to privacy and
also the right of privacy of its subscribers.
The fact that the warrant was too wide in its scope, Econet
argued, made it unconstitutional.
Already, the Government has suspended some of Econet’s
EcoCash bulk transactions agent lines, for allegedly fuelling the black market
trade for foreign currency.
EcoCash is under Cassava Smartech Zimbabwe Limited after
Econet unbundled its financial technology division into a separate entity two
years ago.
Advocates Thabani Mpofu and Tafadzwa Mapuranga represented
Econet while the Attorney-General’s civil division acted for the police. Herald
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