https://zimbabwe.misa.org

Cybersecurity and Cybercrime
Laws in the SADC Region

Constitution, the absence of substantive personal
data and privacy protections in the proposed
law ignited substantial constitutional questions.
Civic groups such as the Namibia Action Coalition
Namibia Trust and IPPR have called for the
inclusion of user notification provisions in
the revised Bill. Under chapter 5 dealing with
accreditation of security services or products,
the Bill attempted to introduce a rather onerous
and intrusive registration regime, appears
throughout to enable state agents to establish and
open “backdoors” in encryption technologies.
This is despite scholarly evidence suggesting that
anonymity-granting technologies and end-toend encryption provide the security and privacy
necessary for exercising fundamental human
rights online and for individuals, businesses and
governments to engage activities that support
economic growth and social progress.

Cybersecurity Bill. On 9 December 2016, the
country gazetted the Bill modeled along the
SADC Model Law. It seeks to “create offences
and impose penalties which have a bearing on
cybercrime; to criminalise the distribution of
data messages which is harmful and to provide
for interim protection orders; to further regulate
jurisdiction in respect of cybercrimes; to further
regulate the powers to investigate cybercrimes;
to further regulate aspects relating to mutual
assistance in respect of the investigation of
cybercrime; to provide for the establishment
of a 24/7 Point of Contact; to further provide for
the proof of certain facts by affidavit; to impose
obligations on electronic communications service
providers and financial institutions to assist in
the investigation of cybercrimes and to report
cybercrimes; to provide for the establishment
of structures to promote cybersecurity and
capacity building; to regulate the identification
and declarat ion of crit ical i nformat ion
infrastructures and measures to protect critical
information infrastructures; to provide that
the Executive may enter into agreements with
foreign States to promote cybersecurity; to
delete and amend provisions of certain laws;
and to provide for matters connected therewith.”
Despite the initial enthusiasm that accompanied
the introduction of the Bill in the House of
Assembly, four years have passed without its
passage into law. The Act punishes the following
cybercrimes: unlawful securing of access,
unlawful acquiring of data, unlawful acts in
respect of software or hardware tool, unlawful
interference with data or computer program,
unlawful interference with computer data
storage medium or computer system, unlawful
acquisition, possession, provision, receipt or
use of password, access codes or similar data
or devices, cyber fraud, cyber forgery and
uttering, cyber extortion, aggravated offences
and attempting, conspiring, aiding, abetting,

Issues like lack of transparency and access to
information and excessive and unaccountable
ministerial power have also been highlighted as
sticking points. The draft law does not explicitly
encourage access to information. Although
Chapter 6, which addresses the liability of
service providers for processing data, the Bill
has limited transparency-inducing measures,
and does not in any way compel government
authorities, law enforcement or private
companies to account for their actions openly.
This is incompatible with the AU Convention on
Cyber Security and Personal Data Protection.
The Bill invests discretionary decision-making
and appointing power in the minister. It does
not include oversight or accountability measures
with regard to ministerial conduct.

South Africa
South Africa has also not escaped the bandwagon
of coming up with the Cybercrimes and

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