internet shutdowns for instance do not
just happen – they usually have been
preceded by erstwhile “routine” acts
such like mandatory SIM card registrations, without the corresponding legislation to protect citizens’ data . There are
at least nine (9) southern African countries where mandatory SIM card registrations are required – Botswana, Democratic Republic of the Congo, Mauritius,
Mozambique, Seychelles, South Africa,
Tanzania, Zambia and Zimbabwe – and
legislation to that effect is looming in the
rest.

Under the guise of
ensuring protection
of citizens from
computer related
crimes, numerous
governments across
southern Africa either
tabled or enacted
legislation to regulate
online content. In
most instances
such laws were
poorly conceived,
often violating
citizens’ privacy and
criminalising free
speech.

LAWS, LAWS AND MORE LAWS
Under the guise of ensuring protection of citizens from computer related
crimes, numerous governments across
southern Africa either tabled or enacted
legislation to regulate online content. In
most instances such laws were poorly
conceived, often violating citizens’ privacy and criminalising free speech. For
example, Tanzania tabled the Electronic
and Postal Communications (Online
Content) Regulations 2017 that called
for the registration of blogs and online
forums, some of whom were already being stifled and battling the government
in court.
Analysts predict that South Africa’s 2017
Cybercrimes and Cyber Security Bill is
likely to lead to further deterioration in
media freedom. The draft affords opportunity for repressive implementation, as
well as enhanced investigative and surveillance powers for security agents. Angola’s Social Communication Legislative
Package – a suite of five laws – among
others provides for statutory regulation
and criminalises free speech, and thus
presents a serious threat to free expression and access to information.
MISA Zimbabwe has protested the government’s proposed merging of three
cyber bills into one bill as the grouping
of fundamental rights such as the right
to privacy, access to information with
consumer rights and cyber security into
one piece of legislation, has the potential of undermining the protection of
those rights. Namibia could learn from
this experience. Local activists are campaigning for the separation of electronic
transactions concerns from cybercrime
elements in the country’s proposed Electronic Transactions and Cybercrime Bill.

So This is Democracy? 2017

11

Select target paragraph3