Countries across the continent are also pushing the line that the adoption of the “African Union Convention on Cyberspace Security and Protection of Personal Data” at its 23rd Ordinary Session of the African Union in Malabo, Equatorial Guinea in June 2014, the AU is a resolution they support and are acting in accordance with the contents of the covenant. Although states have a legitimate responsibility for ensuring digital security for its people, the language of the African Union seems to push a restrictive agenda above freedom. African governments are increasingly exploiting the “national security” discourse to introduce regressive interventions. There is the “rise of the securocrat” - resulting from the prioritisation of national security principles throughout all administrative functions. This has promoted increased secrecy across the board, affecting online and offline freedom and access to information. In almost each case, the legislation either fails to provide basic protection for user data, or allow the government to violate the rights of privacy, expression, and assembly. TURNING TO SOUTHERN AFRICA Namibia developed its cyber security policy framework in 2014 with the technical assistance from the International Telecommunications Union (ITU). The Electronic Transactions and Cybercrime Act, when promulgated, will allow government to conduct search and seizure operations of databases and computers, the interception of data and communications, as well as remote monitoring for a period of up to three months.2 2 Namibia develops cyber security law, Windhoek Observer http://observer.com.na/business/2819namibia-develops-cyber-security-law South Africa’s Cybercrimes and Cybersecurity Bill aims to address a number of valid objectives, such as giving better legal definition to crimes such as identity theft, network hacking, online copyright violation and malware attacks. The Bill does indeed includes many progressive clauses and at the same time places excessive limitations on online freedoms such as the right to access information, right to privacy, and the right to freedom of expression and opinion. The bill gives the South African Police Service and the State Security Agency overly far-reaching powers to investigate, search, access and seize just about anything. Furthermore, the bill will criminalise whistleblowing, as well impact on investigative reporting. Malawi implemented the Consolidated ICT Regulatory Management System (CIRMS)—known locally as the “spy machine”, enabling the communications regulator to access subscriber’s data and communications without judicial oversight.3 Zambia’s Electronic Communications and Transaction Act of 2009 details conditions for lawful interception of communications, which generally requires a court order. Yet, under the late President Michael Sata, numerous reports accused the government of conducting extensive illegal surveillance of citizens’ ICT activities, such as the phone tapping of senior government officials who fell out of the ruling party’s favour civil society leaders, and journalists.4 3 Gregory Gondwe, “‘Spy Machine’ brings telecoms fears,” Biztech Africa, November 14, 2011, http://bit.ly/1Mhgs3V 4 Evans Mulenga, “Sata Is Listening to Your Conversation,” Zambia Reports, October 9, 2013, http:// bit.ly/1X7BJVc So This is Democracy? 2015 11