Cybersecurity and Cybercrime Laws in the SADC Region https://zimbabwe.misa.org a person who is lawfully using or operating a computer or computer system. Section 8(2) defines the term “hinder” as including cutting electricity supply to a computer or computer system; causing electromagnetic interference to a computer or computer system; corrupting a computer or computer system by any means; inputting, deleting, altering or modifying data; and impairing the connectivity, infrastructure or support of a computer or computer system. By including an offline conduct of cutting electricity supply to a computer or computer system, it can be argued that the parliament in Botswana intended to cast the ambit of criminalisation wide, by capturing all acts of interference with computers and computer systems. of committing an offence. Such receiving or possessing must be without lawful excuse or justification, which means that receiving or possessing such a device for some lawful use is not covered. Section 10(3) stipulates that, any “person who is found in possession of any data or programme with the intention that the data or programme be used, by the person himself or herself or by another person, to commit or facilitate the commission of an offence under this Act”, the subsection targets those who are found in possession of computer data or programme, with the specific intention of using them to commit or facilitate the commission of an offence under that statute. That actual intention must be objectively proved, and not merely inferred from the act of possession. Section 10 of the Act criminalises a number of activities. Thus section 10(1) punishes any “person who intentionally, without lawful excuse or justification, manufactures, sells, procures for use, imports, exports, distributes or otherwise makes available, a computer or computer system or any other device, designed or adapted for the purpose of committing an offence under this Act” (article 10(1)). The wording of the section gives one the impression that the devise need not be designed or adapted primarily for the purposes of committing cybercrimes, and that dual-use devices are covered. However, the requirement that the person must act “without lawful excuse or justification” saves the day, as dealing in such dual-use devices for non-criminal and legitimate purposes would not be “without lawful excuse or justification”. Section 10(2) targets any “person who intentionally, without lawful excuse or justification, receives, or is in possession of, one or more of the devices under subsection (1)”. The targeted conduct under this subsection consists of either receiving or possession of any device designed or adapted for the purpose 22 The Act also criminalises offences such as cyber fraud, cyber extortion, cyber harassment, cyber stalking, offensive electronic communication, production and circulation of pornographic and obscene materials, revenge pornography, racist or xenophobic material, racist or xenophobic motivated insult and unlawful disclosure by service provider. Some of these offences attract a jail term of up to 2 years or P 40 000 fine, or to both. However, anyone who commits child pornography is liable to a fine not exceeding P100 000, or to imprisonment for a term not exceeding five years, or to both. It also has a punitive sentence for unlawful disclosure by service providers. For instance, section 23 says that, “A service provider who, without lawful authority, discloses — (a) that an order under this Act has been made; (b) any act done under an order; or (c) any data collected or recorded under an order, commits an offence and is liable to a minimum fine of P1 000 000 but not exceeding P5 000 000”. With regards to procedural powers, section 24 of the Act explains that, “A police officer or any person authorised by