Cybersecurity and Cybercrime
Laws in the SADC Region

https://zimbabwe.misa.org

the restriction of citizens’ rights to free speech,
privacy and access to information, thereby
undermining efforts to bridge the digital divide.

2) The SADC Model Law on Data Security; and

Internet shutdowns in particular during elections
and during public protests and demonstrations
are becoming commonplace (Mare, 2020). State
surveillance in cyberspace as well as private
spaces is on the increase, limiting civic space
for engagement and critical opinion, and
further curtailing an enabling environment
for such engagement (Hunter and Mare, 2020).
In addition, insult laws such as those meant to
protect Heads of State and Government and
other senior government officials from scrutiny
and criticism have been invoked to limit public
debate on social media regarding governance,
democracy and human rights. Laws to protect
the integrity of e-commerce have been used
to prevent non-governmental organisations
and human rights defenders from opening and
operating bank accounts and from transacting,
thereby curtailing their work. All these issues
have brought to the fore the debate about the
need for States to balance the regulation of the
digital/online space or prevent online crime
and the promotion and protection of citizens’
digital/online rights.
However, the spread of ICTs and Internet
penetration has also raised concerns about cyber
security at regional and sub-regional governance
forums (Orji, 2015, 105). This has led African
intergovernmental organisations to develop
legal frameworks for cyber security. At a subregional level, the Economic Community of West
African States (ECOWAS) has adopted a Directive
on Cybercrime, while the Common Market for
Eastern and Southern Africa (COMESA) and the
Southern African Development Community
(SADC) have adopted model laws. In Southern
Africa, there are three model laws worth
mentioning here. These are
1) The SADC Model Law on Computer Crimes
and Cybercrimes;
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3) The SADC Model Law on Electronic Transactions
and Electronic Commerce.
At the regional level, the African Union (AU)
has adopted a Convention on Cyber Security and
Personal Data Protection. Individual countries
like Zambia, Botswana, Tanzania, and Malawi
have enacted cybersecurity laws as part of
their internet governance frameworks while
in countries like Zimbabwe, South Africa and
Namibia plans are afoot to pass the similar
legislation.
Unfortunately the developed and or proposed legal
frameworks have been narrowed down to entirely
prioritising the protection of ‘national interests’
and the prevention of ‘social media abuse’ at the
expense of the digital security and protection
privacy of general and day-to-day internet users
in the SADC region. These instruments have
therefore also been characterised as vehicles
for legitimising surveillance and criminalising
free expression in the SADC region. The situation
has been made worse by the fact that ever since
the fast spreading of the novel coronavirus
(also known as COVID-19), almost every facet
of human life has been forced to migrate
online in order to circumvent lockdown, social
distancing and self-isolation protocols. In this
‘new normal’, the internet and digital media
technologies have become indispensable part
of learning, news consumption, e-commerce,
accessing government documents and contact
tracing. This digital turn in everyday life has
been accompanied by concomitant digitisation
of criminal conduct. In view of these concerns,
MISA-Zimbabwe commissioned this particular
study, which specifically focuses on the analysis
of the enacted and proposed cyber 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.

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