(2) This Act is applicable: (a) to the processing of personal data carried out in the context of the effective and actual activities of any controller permanently established in Zimbabwe or in a place where Zimbabwean law applies by virtue of international public law; (b)to the processing of personal data by a controller who is not permanently established in Zimbabwe, if the means used, whether electronic or otherwise is located in Zimbabwe, and such processing isnot for the purposes of mere transit of personal data through Zimbabwe. (3) In the circumstances referred to in the previous paragraph under (2)b, the controller shall designate a representative established in Zimbabwe, without prejudice to legal proceedings that may be brought against the controller. (4) This Act cannot restrict: (a)the ways of production of information which are available according to a national law or as permitted in the rules that govern legal proceedings; and (b)the power of the judiciary to constrain a witness to testify produce evidence. Draft Data Protection Bill Version 1.0 9