https://zimbabwe.misa.org

Cybersecurity and Cybercrime
Laws in the SADC Region

and cybersecurity; develop and promote an allinclusive secure cyber ecosystem; create a safer
cyber space in Zambia; coordinate the protection
of Zambia’s critical information infrastructure;
establish cybersecurity codes of practice and
standards of performance for implementation
by owners of critical information infrastructure;
promote, develop, maintain and improve
competencies and expertise and professional
standards in the cybersecurity community;
and promote research and development the
use of new and appropriate technologies and
techniques in cyber security and cybercrimes
and so forth.

use electronic communications systems that
are technically capable of supporting lawful
interceptions; install hardware and software
facilities and devices to enable the interception
of communications when so required by a law
enforcement officer or under a court order;
provide services that are capable of rendering
real-time and full-time monitoring facilities for
the interception of communications; provide
all call-related information in real-time or as
soon as possible upon call termination. The Act
stipulates that, “any service provider who fails to
comply with the requirements of subsection (1)
commits an offence and is liable upon conviction
to a fine not exceeding five hundred thousand
penalty units or to imprisonment for a period not
exceeding five years or to both”. This provision
violates the right to privacy as enshrined in the
Zambian Constitution.

However, the board of the agency consists of a
representative each from the following security
wings: (i) the Zambia Air force; (ii) the Zambia
Army; (iii) the Zambia National Service; (iv)
the Zambia Police; and (v) the Zambia Security
Intelligence Services; (b) a representative from
the Ministry responsible for communications;
(c) a representative from Engineering Institute
of Zambia; (d) a representative from the Law
Association of Zambia; and (e) one other person
appointed by the Minister with experience in
cyber security. This raises issues about the
independence of the oversight mechanism,
which opens up the whole exercise to intrusive
surveillance under the guise of promoting
cybersecurity.
With regards to power to inspect, search and
seize, the Act grants a cyber inspector the
power “to monitor and inspect any website or
activity on an information system in the public
domain and report any unlawful activity to the
appropriate authority; in respect of a critical
information infrastructure and perform an
audit”. It prohibits the disclosure of intercepted
communication. Section 46 of the Act calls upon
internet service providers to ensure that they

Besides the Cyber Security and Cyber Crimes Act,
the Electronic Communications and Transaction
Act of 2009 provides for the protection of personal
information and details conditions for the
lawful interception of communications, though
several provisions give the government sweeping
surveillance powers with little to no oversight.
For instance, Article 79 requires service
providers to enable interception and store callrelated information. Article 77 requires service
providers to install both hardware and software
that enable communications to be intercepted
in “real-time” and “full-time” upon request by
law enforcement agencies “or” under a court
order. Internet intermediaries are also required
to transmit all intercepted communications to
a Central Monitoring and Coordination Centre
managed by the communications ministry.
Internet intermediaries that fail to comply
with the requirements could be held liable to a
fine, imprisonment of up to five years, or both.

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