ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION

stipulated in the regulations.

by the government to address COVID-19. The
offence is punishable by a fine not exceeding
twenty thousand Emalangeni (US$ 1173.71) or
imprisonment for a term not exceeding five
(5) years. Eugene Dube, Editor of the Swati
Newsweek and reporter Mfomfo Nkhambule
was arrested for contravening the COVID-19
regulations on the publication of false news.
After seven hours of interrogation, Dube was
released without a charge. Prior to the arrest,
the Swati Newsweek had published articles
that were critical of the King. 75The article that
Nkhambule wrote criticised the Kingdom’s
approach in their COVID-19 response.

Mozambique
In Mozambique article 27(5) of the Presidential
Decree prohibits the media from transmitting
information about Covid-19 contrary to the
official position.72

South Africa
In terms of the Disaster Management Act 57 of
2002, it is a criminal offence to publish false
information about COVID-19 and the offence is
punishable by a fine or six-month imprisonment
or both. Eight people were arrested for allegedly
disseminating false information about the
pandemic whilst a man was arrested for
discrediting the COVID-19 tests kits that the
government intended to use in its massive
testing campaign and discouraged people from
participating in the testing exercise.73Those that
were arrested were charged in terms of the
Disaster Management Act.

Zimbabwe
In Zimbabwe, the government adopted Statutory
Instrument 83 of 2020 in terms of the Public
Health Act. The regulations include prohibition
of publication and communication of false news
about public officers, officials or enforcement
officers involved with enforcing or implementing
the national lockdown regulations. This criminal
offence is punishable under the Criminal Law
Code by a fine or a twenty-year prison term.76In
an incident that is said to be in contravention to
the regulations, a man was arrested for allegedly
authoring and circulating, on social media
platforms, a fake statement that announced
the extension of the lockdown period. 77 The
statement was alleged to have been authored
by the President. Two women were later arrested
for disseminating the aforementioned false
statement. 78They were charged with publishing

Swaziland
In Swaziland, Section 29 of the COVID-19
Regulations74 criminalise the spreading of
any rumour or unauthenticated information
regarding COVID-19; publishing any statement,
through any medium, including social media,
with the intention to deceive any other person
about COVID- 19; using print or electronic media
on the COVID-19 infection status of any person;
or spreading of any rumour or unauthentic
information regarding any measure taken

72 Mozambique of the Presidential Decree, article 27(5) https://icnl.org/covid19tracker/covid19uploads/Mozambique%20Declaration%20of%20SOE.jpg
73 A Nyathi et al ‘Cele: 8 People Arrested for Spreading Fake News on Covid-19’ https://ewn.co.za/2020/04/07/cele-8-people- arrestedfor-spreading-fake-news-on-covid-19 (accessed 13 June 2020).
74 http://www.gov.sz/images/CORONA/The-Coronavirus-COVID-19-Regulations-2020.pdf (accessed 13 June 2020).
75 https://cpj.org/2020/04/swaziland-journalists-harassed-threatened-with-tre.php
76 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 Statutory Instrument 83 of
2020 https://www.chr.up.ac.za/images/researchunits/litigagion/covid19_country_regulations/Zimbabwe- Public_Health_COVID-19_
Prevention_Containment_and_Treatment_National_Lockdown_Order_2020.pdf (accessed 13 June 2020).
77 ‘Man Arrested For “Publishing Fake Mnangagwa Statement” On Lockdown Extension’ 20 April 2020 https://news.pindula.
co.zw/2020/04/20/man-arrested-for-publishing-fake-mnangagwa-statement-on-lockdown-extension/ (accessed 14 June 2020).
78 M Netsianda ‘Bulawayo women in court over fake news’ 5 May 2020 https://www.chronicle.co.zw/bulawayo-women-in-court- overfake-news/ (accessed 14 June 2020).

https://zimbabwe.misa.org

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