Cybersecurity and Cybercrime
Laws in the SADC Region

https://zimbabwe.misa.org

Convention sets a normative standard within the
international legal framework, acknowledging
the need to pursue a common criminal policy
and procedural law in relation to cybercrimes.
It promotes cooperation between State parties
and the private sector.

against cybercrime in the digital age.

The Convention categorises cybercrimes into four
broad types: the first involves “offences against
the confidentiality, integrity and availability
of computer data and systems”; the second
are “computer-related offences”; the third are
“content-related offences”; and the fourth are
“offences related to infringements of copyright
and related rights.” The first type of cybercrimes
penalises activities that target and compromise
the confidentiality, integrity and availability of
computer data and systems. It clearly spells out
five offenses: illegal access to computer systems
(article 2); illegal interception of data (article 3);
data interference (article 4); system interference
(article 5); and misuse of devices (article 6).
In spite of some of the progressive provisions, the
Convention has received a fair share of criticism.
For instance, some countries have raised
sovereignty concerns over the Convention’s
article 32 that raises the possibility for transborder access to data without the authorization of
public authorities in the country where the data is
being stored. The Convention has been criticized
for being outdated, having been overtaken by
technological and cybercrime developments
that have occurred since its adoption in 2001.
It does not cover a wide range of cybercrimes
including identity theft, sexual grooming of
children, and unsolicited emails and spam. It has
limited enforcement because over two-thirds of
States have not ratified the treaty. Overall, it is
important to note that despite the aforementioned
criticisms, the Convention remains the only
i nternat ional ag reement t hat addresses
cybercrime and is aimed at harmonising national
laws and establishing international cooperation

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The AU Convention on Cyber Security
and Personal Data Protection
In July 2014, the African Union adopted the
Convention on Cyber Security and Personal
Data Protection. The Convention aims to
harmonise the laws of African States on
electronic commerce, data protection, cyber
security promotion and cybercrime control.
The objective of this Convention was to propose
the adoption at the level of the African Union, a
Convention establishing a credible framework
for cybersecurity in Africa through organisation
of electronic transactions, protection of personal
data, promotion of cyber security, e-governance
and combating cybercrime.
The AU Convention is broader than the Budapest
Convention in that it covers:
Chapter I – Electronic transactions
Chapter II – Personal data protection
Chapter III – Cyber security and cybercrime.
The AU Convention unites different aspects related
to information technology law, also including
certain non-digital and non-criminal justice
issues. It recognises that cybercrime “constitutes
a real threat to the security of computer networks
and the development of the Information Society
in Africa”. In this regard, it imposes obligations
on Member States to establish national legal,
policy and institutional governance mechanisms
on cyber security. According to Article 28 of the
Convention, there is need for member states to
facilitate international cooperation on cyber
security. It also requires AU Member States to
make use of existing channels of international
cooperation (including intergovernmental or
regional, or private and public partnerships
arrangements) for the purpose of promoting
cyber security and tackling cyber threats.

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