Cybersecurity and Cybercrime
Laws in the SADC Region

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CONCLUSION
This report has looked at enacted and proposed
cybersecurity and cybercrime laws in the SADC
region and how they have impacted the exercise
of rights more specifically, the right to privacy,
freedom of expression and media freedom.
It has critically examined how these laws
contravene provisions of the European Union,
African Union, and SADC Model Laws. It has
provided an overview of how the internet space
has impacted the exercise of rights; highlight
regional and international legal frameworks
on cybercrimes and cybersecurity and the key
principles highlighted therein for the protection
and promotion of rights. It analysed cybersecurity
laws in the Southern African region and how they
impact the exercise of rights in countries such
as Botswana, Lesotho, South Africa, Namibia,
Zimbabwe and Zambia. Some SADC countries
have already used the Budapest Convention as a
model for developing their domestic legislations
on cybercrime. The legislations of Mauritius,
Botswana and Tanzania, and the draft legislations
of Lesotho and South Africa are clearly premised
on the Convention. This study which relied
heavily on desktop review and key informants
has demonstrated that although some countries in
the SADC region have enacted cybersecurity and
cybercrime laws, others are still in the process of
drafting similar laws. On the one hand, countries
like Botswana, eSwatini, Tanzania, Malawi and
Zambia have already passed cybersecurity and
cybercrime laws. On the other hand, countries
such as Namibia, South Africa, Lesotho and
Zimbabwe have gazetted draft legislation on
cybersecurity and cybercrime. It has argued
that although some of the enacted and proposed
cybersecurity and cybercrime laws are modeled
along international, regional and sub-regional
model laws and other human rights instruments,

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there are a number of problematic provisions,
which infringes on the right to privacy and
freedom of expression. Second, while most of
the enacted and proposed laws in the SADC
region attempt to balance cybersecurity issues
with human rights frameworks as espoused in
national constitutions, there are still restrictive
laws dealing with interception of communication,
data protection and electronic transactions.
Third, in countries such as Zambia, Zimbabwe,
Namibia and Malawi, there is deep-seated fear
that existing and new legislation are already being
used for surveillance purposes. For instance,
South Africa uses the RICA Act to regulate the
interception of communication. Zimbabwe
has the Interception of Communications Act.
Zambia deploys the Electronic Communications
and Transactions Act of 2009. Fourth, there are
concerns around broad and vague definitions
of criminalised offences and key terms such
keystroke, false news, race and xenophobicrelated offences, modification, unauthorised
access, or asymmetric cryptosystem, cyber
terrorism, child pornography and cyber extortion
and so forth. Fifth, inadequate oversight or
accountability mechanisms over the functions
of cyber inspectors, data controllers, internet
service providers and ministers pose serious
threats to the integrity and effectiveness of the
legislation. Finally, the study has demonstrated
that while some countries have made significant
inroads in terms of criminalising cyber-related
conduct, providing adequate procedural tools
and mapping out international cooperation
arrangements, others are still stuck at the
‘crossroads’ of indecision, procrastination and
slow policy making.

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