https://zimbabwe.misa.org

Cybersecurity and Cybercrime
Laws in the SADC Region

Figure 1: The Scope of the Convention

Source: Seger (2016)

The Convention emphasises the importance of maintaining a proper balance between the interest of
law enforcement and respect for fundamental human rights, specifically the right to hold opinions
without interference, freedom of expression and the rights concerning the respect for privacy. Some
of key aims of the Convention is to pursue a common criminal policy aimed at the protection of society
against cybercrime; build the capacity of countries to combat cybercrime; and function as a mutual
information sharing channel in order to facilitate better law enforcement. It calls upon member states
to adopt legislative and other measures to establish the offences listed in Convention as criminal
offences under its domestic law. With regards to international cooperation, the Convention calls upon
member states to provide mutual2 assistance to states investigating crimes under the Convention;
allow search and seizure of stored computer data for investigations; extradite those charged with
cybercrimes or prosecute them domestically; real-time collection of internet traffic data including
IP addresses and email header information; and preserve computer data for up to 90 days. The

2Mutual Legal Assistance (MLA) – is an agreement between two or more States to gather and exchange information in an effort to
enforce criminal law.

15

Select target paragraph3