AI Report on Southern Africa

		

http://misa.org

Data Privacy & Protection Law
Zimbabwe gazetted its first data protection and cybersecurity legislation, the Cyber and Data
Protection Act [Chapter 12:07] (No. 5 of 2021), on the 11th of March 2022. The Act does not
specifically mention AI, but it governs data protection, data controllers, and data collection
and processing.
The preamble of the Act reads : An Act to provide for data protection with due regard to
the Declaration of Rights under the Constitution and the public and national interest; to
establish a Cyber Security Centre; a Data Protection Authority and to provide for their
functions; to create a technology driven business environment and encourage technological
development and the lawful use of technology; to amend sections 162 to 166 of the Criminal
Code (Codification and Reform) Act [Chapter 9:23] to provide for investigation and collection
of evidence of cybercrime and unauthorised data collection and breaches, and to provide for
admissibility of electronic evidence for such offences and to provide for matters connected
with or incidental to the foregoing. ENACTED by the Parliament and the President of
Zimbabwe.
The Cyber and Data Protection Act in Section 5 designates the Postal and Telecommunications
Regulatory Authority (POTRAZ) as the Data Protection Authority.

Human Rights
The Zimbabwean government has signed the Universal Declaration of Human Rights.
According to Freedom House, Zimbabwe has a score of 28/100 and is classified as an unfree
country. In recent years, there have been reports of human rights abuses such as police
brutality, arbitrary arrests and detention, and restrictions on media freedom. The government
has also been criticised for its handling of elections and lack of transparency in the electoral
process.
The Bill of Rights in the Zimbabwean Constitution enshrines several fundamental rights,
such as the rights to peaceful assembly, freedom of expression, and political participation.
However, due to restrictive legislation, rights are not always respected and protected.
The Interception of Communications Act (2007) regulates the interception, monitoring,
blocking filtering of communications, including telephonic communications, postal
telecommunications as well as Internet-based communications.
The Act does not have any oversight mechanisms that prevent over-surveillance and extrajudicial surveillance. Under Section 9 of ICA, ISPs are required to install at their own expense
the hardware and software required for the State to carry out surveillance. Using ICA, the
State has installed cameras at public places like airports. Later in the report there is a section
about face recognition and surveillance in Zimbabwe.

Botswana
Botswana is not yet covered by the CAIDP index; the study used data from the Oxford
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