undermining these constitutionally guaranteed rights.
Whether by design or fortuitously, the enactment
of these cyber security laws followed a SADC Heads
of Government Summit in Maputo, Mozambique, in
August 2020, where a resolution was made to take
“pre-emptive measures against external interference,
the impact of fake news and abuse of social media
particularly in electoral processes”.

MISA Regional Director Tabani Moyo

Regional Director ’ s Repor t
The year 2021 was a mixed bag for freedom of
expression in Southern Africa, with the freedom of
expression environment improving in some countries,
stagnant in others, while others recorded declines.
Malawi led the way with the adoption of its access to
information legislation, while Lesotho adopted its
long-awaited media policy. In Tanzania, the assumption
of the presidency by Samia Sulu Hassan, raised hope
for improved relations between the media and the
government following a sharp deterioration during the
late John Magufuli’s tenure.
A change of government in Zambia also brought
optimism that the media environment would improve
in that country.
Despite these improvements, there is need for MISA to
remain vigilant, as the media environment in Southern
Africa can be very unpredictable and vulnerable to
shock developments.
The COVID-19 pandemic provided ample illustration on
how vulnerable the rights to freedom of the media and
freedom of expression are in the region as a number of
countries enacted legislation that infringed on these
rights.
The enactment of legislation to curb the spread of the
coronavirus saw an increase in media violations across
the region, with literally no country spared.
MISA’s position is that the COVID-19 pandemic is on the
decline and it is imperative for all the SADC countries
to now repeal, or come up with a roadmap of when
they will repeal legislation that curtails freedom of the
media and freedom of expression which was enacted
ostensibly to mitigate the spread of the virus.
The fragility of freedom of expression and freedom
of the media comes at a time when most countries in
the region have either enacted or are in the process of
enacting cybersecurity laws, which have the potential of

In the wake of this resolution, there is a seemingly
frightening regional consensus to crackdown on free
expression online.
Countries such as Botswana, Eswatini, Tanzania,
Malawi, Zambia and Zimbabwe, have already passed
cyber security and cybercrime laws, while Lesotho is in
the process of crafting legislation on cyber security and
cybercrime.
Namibia is also working on a similar law.
MISA acknowledges that cyber security laws are
important, but that countries need to adopt a humanbased approach, where emphasis is on promoting
freedom of expression and digital rights, rather than
criminalising it.
In that regard, the issue of internet shutdowns also
continues to be problematic in the region. Tanzania
implemented a partial shutdown of the internet in 2020
ahead of its general elections and this continued well
into 2021.
During elections in August 2021, the government of
Zambia blocked access to social media platforms
such as Facebook and Twitter, and instant messaging
platform, WhatsApp.
In 2021, the Kingdom of Eswatini blocked access to the
internet, on at least three occasions, following unrests
in that country.
One of the characteristics of 2021 was that civic space
continued to shrink, with Zimbabwe and Malawi being
cases in point, with the two countries formulating
legislation to govern the operations of civil society
organisations.
These legislations have a chilling effect on freedom of
association and of expression.
While the operating environment in the region was
difficult, the silver lining on the dark cloud is that MISA
found its footing as a thought leader in terms of lobby
and advocacy for freedom of expression in Southern
Africa.
In the past year, MISA embarked on a process of
rejuvenating the regional network, which is a critical
step in the continuous fulfilment of the organisation’s

MISA Regional 2021 Annual 2021 Report

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