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Dzimbabwe Chimbga

Dzimbabwe Chimbga then wrapped up this discussion by brief presentation
on the court cases related to the use of technologies in Zimbabwe. In the case
Dzimbabwe discussed, messages that circulated on social media were used as the
basis for the criminal charges levelled against the accused in each respective case,
the accused were mainly charged under the Criminal Codification and Reform
Act. None of these cases have led to any convictions.
The cases Dzimbabwe touched on included that of Edmund Kudzai in which he was
charged with subverting a constitutionally elected government after it was alleged
that he ran the Baba Jukwa Facebook page. Evan Mawarire was also charged with
subversion plots to remove a constitutionally elected government. These charges
stemmed from his #ThisFlag online social movement. Energy Mutodi and Edson
Chirwa were separately charged with undermining the authority of the president
as a result of Facebook posts they made. In all these instances, arrests were made
but there was no conviction and the accused were released.
Dzimbabwe warned that what a particular Act purports to be and how it is actually
applied can sometimes be different. In the current instance, the Cyber Crime and
Cyber Security draft Bill may be drafted to control online crimes but it is possible
that it may inevitably be used to stifle free speech and the freedom of the media.
This would not be a situation unique to Zimbabwe. In Tanzania, the government
makes use of the country’s Cyber Crime Laws to persecute and prosecute any
government critics and dissenters. It is feared this might become the norm in light
of the provision in the draft Bill which criminalises the transmission of data inciting
violence or damage to property which might be used to arrest human rights
activists and government dissenters.
The gazetting of the Cyber Crime and Cyber Security Bill into an Act will however,

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Misa Zimbabwe Second Internet Governance Multi
Stakeholder Conference 21 September 2017

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