STATE OF PRESS FREEDOM IN SOUTHERN AFRICA REPORT 2021 14

for a prohibitory interdict
against the enforcement of the
warrant on the basis that it was
disproportionate and posed a
threat of mass and targeted
surveillance, hence, a grave
violation of the right to privacy.
(23)

Further, governments in the
region are also arresting human
rights defenders, journalists
included,
on
unfounded
charges and then using that
channel to confiscate gadgets,
including laptops and mobile
phones in order to snoop into
their communications.

Source: A Patchwork for Privacy-Mapping
Communica�ons Surveillance Laws in Southern
Africa, Murray Hunter and Admire Mare, 2020

in several African countries for
surveillance purposes. (17) (18) (19)

(20)

Pegasus is used to gain access
to one’s device and stored
data, including passwords,
calendars,
contacts,
SMS
records, browsing history and
direct call applications.
It works through a phishing
link that is sent to the targeted
person, who upon clicking
it,
unwittingly
downloads
and instals Pegasus in the
background without the user
knowing it.
This allows the spyware to
bypass all the digital protection
features that might have been
set up on the mobile devices.
This, therefore, poses a great
risk to journalists that are
not equipped with knowledge
and tools for purposes of
digital safety and security,
thus,
putting
them
and
their confidential sources of

information at risk.

(21)

Monitoring
of
bank
transactions is also another
form of surveillance that
African governments are using.
In Zimbabwe, the government
once attempted to acquire
private information of over
eight million subscribers of
the largest mobile network
operator Econet Wireless under
the guise that the firm’s mobile
money platform — Ecocash
— was being used for money
laundering purposes.
The warrant for seizure,
allowed the police to collect
information on mobile money
transactions for all subscribers
between January and July
2021. (22)
On behalf of the media
sector in the country, the
Media Institute of Southern
Africa (MISA) Zimbabwe had
to approach the High Court

In brief, what has been
noted in several countries in
the region are the following
aspects: (24)
●
There are several legal
provisions enabling surveillance
as found in different laws;
●
Independent oversight
bodies to monitor the activities
of law enforcement authorities
are absent;
●
Investigating authorities
do not publicly report on their
activities;
●
Individuals subject to
surveillance are not notified
about it nor are they afforded
the opportunity to appeal.
The following are examples
of cases of surveillance of
journalists in three countries in
the region:

South Africa
According
to
Reporters
Without Borders, while press
freedom is guaranteed in
South Africa, it is fragile. The
report indicates evidence of a
State security agency spying
on some journalists by tapping
their phones.
Others are harassed and
subjected
to
intimidation
campaigns if they try to
cover certain stories involving
the ruling ANC, government
finances and redistribution of
land to the black population or

Select target paragraph3