Cybersecurity and Cybercrime
Laws in the SADC Region

https://zimbabwe.misa.org

of these serious criminal offenses, it has been
acknowledged that there is need to find a delicate
balance between criminalisation of certain uses
of technologies whilst at the same time upholding
constitutionally-guaranteed rights like freedom
of expression, assembly and press freedom.

enactment of cybercrimes legislations could be
attributable the low penetration of ICTs in Africa
prior to the widespread proliferation of wireless
technologies in the last decade. However, the
situation has changed dramatically in the last
few years with the adoption of 3G, 4G and 5G
technologies, which has spurred massive growth
in mobile internet penetration and smartphone
usage. This growth in internet penetration has
been accompanied by an upsurge in cyber-related
crimes, digital media activism, citizen journalism,
spreading of false news, hacking scandals and
whistleblowing. As Mare (2018) observes, the
mass permeation of digital technologies in
sub-Saharan Africa has been accompanied by
dark forms of participation related to cyberbullying, mis-and disinformation, revenge and
child pornography, networked xenophobia,
brigading (retrogressive role of cyber-troops and
troll armies), and production of race and ethnicrelated hate speech. These insidious forms of
participation have alerted national governments
on the desirability of coming up with cybercrimes
and cybersecurity legislations to curb the abuse
of digital media technologies.

Most cyber-crimes and computer laws have
foregrounded provisions such as confidentiality,
integrity and availability of computers systems,
search, hacking and mutual international
cooperation. Because of the transnational
nature of cybercrimes, the perpetrator may be
located in one country whilst the victimized
person, computer system or data is located in
another country (Orji, 2015). This follows that
the perpetrators may also use computer systems
or networks in other countries as an attack base
(what is called “remote attacks”) or as a route
to reach their victims (Orji, 2015). This suggests
that the detection of cybercrimes, identification
of perpetrators, the gathering of the necessary
evidence and the prosecution of suspected
cyber criminals often require the cooperation
of authorities from multiple jurisdictions.
As Brenner and Shwerha (2008) observe,
harmonisation of cybercrime legislations help
to eliminate “cybercrime safe havens”. In short,
international cooperation and harmonisation
are indispensable components in any strategy
against cyber-crime. Besides incorporating the
mutual international cooperation provisions,
there is also a call for these legislations to address
country-specific challenges and needs. Over and
above these concerns, there is need to ensure the
enacted and proposed laws are comply with the
necessary and proportionate principles.
Although the African continent is late to jump onto
the bandwagon of cybercrimes and cybersecurity
laws, they have begun to take keen interest on
the matter. Some of the reasons for the late

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Some countries have used the unprecedented
circulation of false and misleading information
via social media platforms as a pretext to justify
the promulgation of cyber-crimes laws. Critical
infrastructure like telecommunications networks,
power networks, (nuclear) power plants, and
industrial complexes are potential targets of
cyber-attacks, which could have devastating
consequences if not adequately countered. In
order to fend off these threats, Southern Africa
countries are setting up Computer Emergency
Response Teams (CERTs) and Computer Security
Incident Response Teams (CSIRTs).
It is generally acknowledged across the board
that cyber-crime and cyber-security have

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