https://zimbabwe.misa.org

Cybersecurity and Cybercrime
Laws in the SADC Region

The right to privacy is guaranteed in
international and regional human rights
instruments. It is enshrined in over 130
national constitutions across the world. It is
enshrined in article 12 of the UDHR, article 17
of the ICCPR, article 16 of the Convention of the
Rights of the Child (CRC), and article 10 of the
African Charter on the Rights and Welfare of
the Child (AFDEC, 2020). The African Charter
does not have a provision on the right to privacy,
but this right has been acknowledged under
the Declaration of Principles on Freedom of
Expression and Access to Information in Africa
(2019) (the Declaration).

This report looks at the following thematic issues:

Key international and regional standards that
protect the right to privacy and freedom of
expression:
Universal Declaration on Human Rights (UDHR)
International Covenant on Civil and Political
Rights (ICCPR)
General Comment No. 34 on Article 19 of the
ICCPR (General Comment No. 34)
African Charter on Human and Peoples’ Rights
(African Charter)
Declaration of Principles on Freedom of
Expression in Africa (African Declaration on
Freedom of Expression)
African Charter on Democracy, Elections and
Governance (ACDEG)

Overall Objectives
The overall objective of this report is to critically
analyse the impact of cybersecurity laws on
exercise of rights in selected SADC countries.
It falls within the broader ambit of the media
freedoms and digital rights. As such, it aims to
contribute towards the recognition, awareness,
and enforcement of human rights in the
Southern African Development Community
(SADC) region.

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;
Analysis of cybersecurity laws in the Southern
African region and how they impact the exercise
of rights including countries like Zimbabwe,
Botswana, Lesotho, South Africa, Namibia and
Zambia;
Assess the circumstances in which these laws
have been relied on for surveillance purposes
or to curtail free expression; and
Provide strategies that can be relied on to ensure
that these laws promote instead of curtailing
exercise of rights.

Conceptual Framework
This report is anchored on the human rightsbased approach. It foregrounds the point that
the 13 necessary and proportionate principles
are important in the drafting of progressive
legislation on cybercrimes and cybersecurity
issues. A human rights-based approach (HRBA)
is grounded on the principles drawn from
international and regional treaties, and places
human rights as the centre of all policy making
and drafting of legislation. Some of the core
principles of the human rights-based approach
include: participation, accountability and
transparency, non-discrimination and equality,
empowerment of rights holders and legality.
Thus, the incorporation of the human rightsbased approach ensures that policymakers are
able to meet their human rights obligations,
and achieve better outcomes that benefit
rights-holders. This can be done through
integrating international human rights system
norms, principles (necessary and proportionate
principles) and standards (model laws) and goals.
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