There framing of the cross-border transfer provisions in these laws clearly
shows that there are different levels of transposition of SADC laws, and
different challenges with cross border transfers provisions. Some of laws have
a specific provision allowing the minister, 'responsible' for the law to designate
or indicate which transfers are permissible as is the case of Zambia under
section 71(1)(ii) or to give directions to the implementation of data transfers
provisions as is the case with Zimbabwe under section 28(4). While this role
appears very administrative in nature, it can actually impact on the ability of the
DPA to fully function due to executive interference. Zimbabwe has an even
more widely framed provisions which states that.
Minister responsible for the Cyber security and Monitoring Centre in consultation with the
Minister, may give directions on how to implement this section with respect to transfer of
personal information outside of Zimbabwe .

The Cyber Security and Monitoring Centre is an entity established under the
Interception of Communications Act64, administered by the President as no
minister has been given authority to administer the Act and, this centre is a unit
in the presidency.65 The monitoring centre is the sole facility for authorised
interception and oversees the Interception of Communications Act and its
enforcement. Other laws allow the data protection authority to decide and
determine the nature of data to be transferred even to a country not designated
as providing adequate protection.66
The designation of a country as a safe destination does not necessarily mean
that the laws are identical to one another. At the very least the laws must be
substantially similar. This is open to interpretation and can lead to very wide and
different applications. For a regional community, inclusion and exclusion of
other countries as safe destination creates discord in the development of a
regional economic community. It can also be an extremely subjective
interpretation and assessment if there is no shared criteria.
4.5.2 Designation of countries for cross border data transfers: Case of
Botswana
Through Statutory Instrument 95 of 2022 and in terms of section 48(2) of the
Botswana Data Protection Act. First, as a matter of law, data transfers are
prohibited under section 48 which states that "the transfer of personal data from
Botswana to another country is prohibited'.
Interception of Communications Act of
.
Statutory Instrument
of
Assignment of Functions His Excellency the President of the Republic of Zimbabwe Notice,
. The
Interception of Communications Act however can be assigned to Minister of Communications or any other Minister to whom the President may
assign. As of writing this paper, the Act is assigned to the President, therefore technically and administratively, the President is responsible for Cyber
Security and Monitoring Centre as the Act is reserved for his administration.
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Eswatini EDPA section
.

Select target paragraph3