ss 10–13 OFFICIAL SECRETS ACT or not completed or issued for use, when he has no right to retain it or when it is contrary to his duty to retain it or fails to comply with any directions issued by lawful authority with regard to the return or disposal thereof; or (b) allows any other person to have possession of any official document issued for his use alone; or (c) communicates to any person any secret official code or password issued for his use alone or without lawful authority or excuse has in his possession any official document or secret official code or password issued for the use of some person other than himself; or (d) on obtaining possession of any official document, whether by finding or otherwise, neglects or fails to hand it over to the person or authority by whom or for whose use it was issued or to a police officer; or (e) without lawful authority or excuse, the proof whereof lies on him, manufactures or sells or has in his possession for sale any die, seal or stamp referred to in paragraph (e) of subsection (1); 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. (a) a person shall, unless he proves the contrary, be presumed to have been in communication with a foreign agent if— (i) he has, in Zimbabwe or elsewhere, visited the address of a foreign agent or associated or consorted with a foreign agent; or (ii) in Zimbabwe or elsewhere, the name or address of or any other information regarding a foreign agent has been found in his possession or under his control or has been supplied by him to any other person or has been obtained by him from any other person; (b) any place in Zimbabwe or elsewhere reasonably suspected of being a place used for the receipt of communications intended for a foreign agent or at which a foreign agent resides or to which he resorts for the purpose of giving or receiving communications or at which he carries on any business shall be deemed to be the address of a foreign agent and any person who addresses or delivers communications to or collects communications from such an address shall be deemed to have been in communication with a foreign agent. (2) If, in any prosecution against a person for an offence in terms of section three, it is proved that he has been in communication with or attempted to communicate with a foreign agent in Zimbabwe or elsewhere, it shall, unless the contrary is proved, be presumed that he has for a purpose prejudicial to the safety or interests of Zimbabwe obtained or attempted to obtain information which is calculated to be or which might or is intended to be, directly or indirectly, useful to an enemy. 6 Obstructing persons on guard at or loitering near prohibited places Any person who— (a) in the vicinity of a prohibited place, obstructs, knowingly misleads or otherwise interferes with a person engaged on guard, sentry, patrol or other similar duty in relation to the prohibited place; or (b) is found loitering within one hundred metres of a prohibited place and who fails to depart therefrom upon being requested to do so by any person referred to in paragraph (a); shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 9 Proof of purpose prejudicial to safety or interests of Zimbabwe (1) If, in any prosecution under this Act upon a charge of committing an act for a purpose prejudicial to the safety or interests of Zimbabwe, it appears from the circumstances of the case or the conduct or known character of the accused as proved that his purpose was a purpose prejudicial to the safety or interests of Zimbabwe, it shall be presumed, unless the contrary is proved, that the purpose for which that act has been committed is a purpose prejudicial to the safety or interests of Zimbabwe. (2) If, in any prosecution under this Act upon a charge of making, obtaining, collecting, recording, publishing or communicating any thing for a purpose prejudicial to the safety or interests of Zimbabwe, it is proved that it was made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, it shall, unless the contrary is proved, be presumed that the purpose for which it was made, obtained, collected, recorded, published or communicated is a purpose prejudicial to the safety or interests of Zimbabwe. 7 Harbouring or concealing certain persons and failing to report information relating to foreign agents Any person who— (a) knowingly harbours or conceals any person whom he knows or has reason to believe to be a person who is about to commit or who has committed an offence in terms of this Act or knowingly permits any such persons to meet or assemble in any premises in his occupation or under his control; or (b) having harboured or concealed any such person or permitted such persons to meet or assemble in any premises in his occupation or under his control, wilfully omits or refuses to disclose to any police officer any information it is in his power to give in relation to any such person; or (c) being aware that any foreign agent or any person who has been or is in communication with a foreign agent, whether in Zimbabwe or elsewhere, is in Zimbabwe, fails forthwith to report to any police officer the presence of or any information it is in his power to give in relation to any such foreign agent or person; 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. 8 10 Forfeiture Where a person is convicted of an offence in terms of this Act a court may, in addition to any fine or term of imprisonment imposed in terms of this Act, order that any equipment used for the purpose of or in connection with the commission of the offence shall be forfeited to the State: Provided that if it is proved that such equipment is not the property of the person convicted and that its owner was— (a) unaware that the equipment was being so used; and (b) unable to prevent its use for the purpose of or in connection with the commission of the offence; the court shall not make any such order in respect thereof. Communication with foreign agent proof of certain facts (1) For the purposes of this section— [Chapter 11:09] 160