KEY FEATURES OF SURVEILLANCE LAWS IN THE
SADC REGION
Surveillance legislation in the region lags behind in terms of adherence to international
standards as explained above. Countries in the region have promulgated legislations that do
not, in many instances, meet these demands for transparency and accountability. Thus, the
International Principles on the Application of Human Rights to Communications Surveillance, the
UN Draft Instrument on Government-led Surveillance and Privacy and the African Commission
(2019) Declaration of Principles of Freedom of Expression and Access to Information in Africa
frameworks are still to be fully realised in many countries of the region.

A general trend is the absence of the core ingredients of transparent and accountable surveillance.
Interception of communication is still not legal in most instances. Retention of metadata after
surveillance is still whimsical and not properly regulated in some countries. Most of the countries
provide no mechanism for use notification.

TABLE 1: SUMMARY OF THE FEATURES

Country

Is there
a law?

Is there
judicial
oversight
on the
police?

Is there
judicial
oversight on
intelligence
officers?

Is it
restricted
to serious
offences?

South Africa
DRC
Tanzania
Malawi

X

X

Does law
require
metadata
to be
retained?

X

X

36 months

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

36 months

Botswana
Eswatini

Is there user
notification?

Are
metadata
and
content
given equal
protection?

X

X

Lesotho
Namibia
Mozambique

X
X

X

X

X

X

Angola
Zambia
Zimbabwe

SIM
registration?

X

X

X

X

X

X

X

X

X

X

X

3 months
X

6 months

Source: Munoriyarwa and Mare, forthcoming

A SURVIVAL TOOLKIT FOR JOURNALISTS

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